Data Protection
I. Name and address of the person responsible
Responsible in line with the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
Thomas Klinke Immobilien GmbH
Jarrestraße 42
22303 Hamburg
Germany
Telephone: (040) 79 69 68 50
E-mail: info@tk-immo.de
Website: www.tk-immo.de
Managing Directors:
Thomas Klinke and Johannes von Petersdorff-Campen
II. Name and address of the data protection officer
The data protection officer is:
Datenschutz Frick
Andreas Frick
Diestelbarg 37
21039 Börnsen
Germany
E-mail: info@datenschutz-frick.de
Website: www.datenschutz-frick.de
III. General information about data processing
1. Scope of personal data processing
Generally, we only process the personal data of our users to the extent that is necessary to provide a functional website as well as our contents and services. The regular processing of personal data of our users only happens with the consent of the user. An exception applies in such cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.
2. Legal basis for personal data processing
Insofar as we obtain the consent of the person concerned for the processing of personal data, Article 6 (1) (a) EU General Data Protection Regulation (GDPR) serves as the legal basis. Article 6 (1) (b) GDPR serves as the legal basis for the processing of personal data required to fulfill a contract to which the person concerned is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 (1) (c) GDPR serves as the legal basis. In the event that vital interests of the person concerned or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6 (1) (f) GDPR serves as the legal basis for the processing.
3. Data erasure and storage period
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
IV. Provision of the website and creation of log files
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 here:
- Information about the type of browser and the version used
- The user's operating system
- The user's internet service provider
- The user's IP adress
- Date and time of access
- Websites from which the user's system accesses our website
- Websites accessed by the user's system through 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.
2. Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Article 6 (1) (f) GDPR.
3. Purpose of data processing
The 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 IP address of the user must remain stored for the duration of the session. Storage in log files takes place 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. An evaluation of the data for marketing purposes does not take place in this context. Our legitimate interest in data processing in accordance with Article 6 (1) (f) GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were 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. If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.
5. Possibility of objection and elimination
The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
V. Use of cookies
1. 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. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic character string that enables the browser to be clearly identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The following data are stored and transmitted in the cookies:
- Use of website functions
We also use cookies on our website, which enable an analysis of the surfing behavior of users. The following data can be transmitted in this way:
- Entered search terms
- Frequency of page views
- Use of website functions
2. Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is Article 6 (1) (a) GDPR if the user has given their consent.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.
We need cookies for the following applications:
A list of applications follows. Examples can be:
- Acceptance of language settings
- Remembering search terms
The user data collected by technically necessary cookies are not used to create user profiles. Analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer. Our legitimate interest in the processing of personal data in accordance with Article 6 (1) (f) GDPR also lies in these purposes.
4. Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. 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 the functions of the website to their full extent. The transmission of Flash cookies cannot be prevented via the browser settings, but can be prevented by changing the Flash Player settings.
VI. Contact form and e-mail contact
1. Description and scope of data processing
There is a contact form on our website which can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and saved. These data are: title, name, telephone number, e-mail address.
At the time the message is sent, the following data is also stored:
- The user's IP address
- Date and time of registration
Your consent will be obtained for the processing of the data during the sending process and reference will be made to this data protection declaration.
Alternatively, you can 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, the data will not be passed on to third parties. The data will only be used to process the conversation.
2. Legal basis for data processing
The legal basis for processing the data is Article 6 (1) (a) GDPR if the user has given their consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6 (1) (f) GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for processing is Article 6 (1) (b) GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If contact is made by e-mail, this is also the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
The revocation of the consent and the revocation of the storage can be declared in writing to the address given or by e-mail: info@tk-immo.de.
All personal data that was saved in the course of making contact will be deleted in this case. Reference is also made to Section XI of the data protection regulations.
VII. Newsletter
1. Description and scope of data processing
You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask are transmitted to us:
- Title
- First and last name
- E-mail address
In addition, the following data are collected during registration:
- Date and time of registration
Your consent will be obtained for the processing of the data as part of the registration process and reference will be made to this data protection declaration.
Our e-mail newsletter is sent via the technical service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede ("CleverReach"), to whom we pass on the data provided by the user when registering for the newsletter. The data entered by users for the purpose of subscribing to the newsletter (e.g., e-mail address) are stored on the CleverReach servers in Germany or Ireland.
CleverReach uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. In this way it can be determined whether a newsletter message has been opened and which links have been clicked on. With the help of so-called conversion tracking, it can also be analyzed whether a previously defined action took place after clicking on the link in the newsletter. Technical information is also recorded (e.g., time of retrieval, IP address, browser type, and operating system). The data are only collected in a pseudonymised form and are not linked to other personal data of the user, a direct personal reference is excluded. These data are used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
You can revoke your consent to the storage of the data and their use for sending the newsletter at any time. You can withdraw your consent at any time by sending an e-mail to newsletter@tk-immo.de or by clicking on the link provided in every newsletter you receive.
2. Legal basis for data processing
The legal basis for the processing of the data after the user has registered for the newsletter is Article 6 (1) (f) GDPR if the user has given their consent.
3. Purpose of data processing
The transfer of the personal data of the users enables us to use an effective, secure and user-friendly newsletter system, the optimization of which is possible.
Our legitimate interest in the processing of the data according to Art. 6 (1) (f) GDPR also lies in these purposes. By making the IP address anonymous, the interest of the user in the protection of their personal data is sufficiently taken into account.
4. Duration of storage
As shown above, the IP address is anonymized as soon as possible. Any other use, combination with other data, or disclosure to third parties does not take place.
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case if you signal to us by clicking on the unsubscribe link that you receive with every newsletter that you are no longer interested in our newsletter. The user's e-mail address is therefore only stored for as long as the subscription to the newsletter is active. After you have unsubscribed from the newsletter, your personal data will be deleted after a period of seven days.
5. Possibility of objection and elimination
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, there is a corresponding link in every newsletter. This also enables a revocation of the consent to the storage of the personal data collected during the registration process.
VIII. Applications
1. Description and scope of data processing
In the course of your (online) application, we collect and process the following personal application data from you:
• First and last name
• Address
• Telephone number
• E-mail
• Application documents (letter of application, curriculum vitae, references, certificates, etc.)
2. Legal basis for data processing
The legal basis for the processing of your personal data is your consent in accordance with Art. 6 (1) (a), Art. 9 (2) (a) GDPR. Collection, storage, processing, and use of your personal application data are necessary for the decision to establish an employment relationship.
3. Purpose of data processing
Your personal application data is collected and processed exclusively for the purpose of filling positions within our company. In principle, your data will only be forwarded to the internal offices and specialist departments of our company responsible for the specific application process. Your application data will not be used or passed on to third parties beyond this.
4. Duration of storage
Your personal application data will generally be automatically deleted six months after completion of the application process. This does not apply if legal provisions prevent deletion, if further storage is required for the purpose of providing evidence, or if you have expressly consented to longer storage.
5. Possibility of objection and elimination
You have the right at any time to request the correction of incorrect data or the deletion of inadmissible data storage. You can also revoke consent you have already given to the processing of your data. In this case, your data will be deleted unless storage is necessary for other reasons (cf. Article 17 GDPR). The lawfulness of the processing carried out on the basis of the consent up to the revocation is not affected by this.
IX. Web analysis by Matomo
1. Scope of processing of personal data
We use the open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behaviour of our users. The software sets a cookie on the user's computer. If individual pages of our website are called up, the following data are stored:
- Two bytes of the IP address of the user's system
- The accessed website
- The website from which the user accessed the accessed website (referrer)
- The sub-pages accessed from the accessed website
- The length of stay on the website
- The frequency of visits to the website
The software runs exclusively on the servers of our website. A storage of the personal data of the users only takes place there. The data will not be passed on to third parties.
The software is set in such a way that the IP addresses are not saved completely, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible to map the shortened IP address to the calling computer.
2. Legal basis for data processing
The legal basis for the processing of users' personal data is Article 6 (1) (f) GDPR.
3. Purpose of data processing
The processing of users' personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, 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. Our legitimate interest in the processing of the data according to Art. 6 (1) (f) GDPR also lies in these purposes. By making the IP address anonymous, the interest of the user in the protection of their personal data is sufficiently taken into account.
4. Duration of storage
The data will be deleted as soon as they are no longer required for our recording purposes.
5. Possibility of objection and elimination
Cookies are stored on the user's computer and transmitted to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. 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 the functions of the website to their full extent.
You can find more information about the privacy settings of the Matomo software under the following link: https://matomo.org/docs/privacy/.
You can object to the collection of your data here.
X. Social networks and plug-ins
1. Google Maps
Due to our legitimate interests in optimizing and analyzing our online offer in line with Art. 6 (1) (f). GDPR, this website uses the “Google Maps” service, which is provided by Google Inc. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) is offered. The service (Google Maps) uses "cookies" - text files that are stored on your device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.
IP anonymization takes effect on this website. The IP address of the user is shortened within the member states of the EU and the European Economic Area and in the other contracting states of the agreement. Only in individual cases will the IP address first be transmitted unabridged to a Google server in the USA and shortened there. This shortening eliminates the personal reference to your IP address. The user's IP address transmitted by the browser is not combined with other data stored by Google.
As part of the agreement on the order-related data processing, which we as the website operator have concluded with Google Inc., they use the information collected to evaluate website usage and website activity and provide services related to internet usage. The data collected by Google on our behalf are used to evaluate the use of our online offer by individual users, e.g., to create reports on the activity on the website in order to improve our online offer.
You have the option of preventing the storage of cookies on your device by making the appropriate settings in your browser. There is no guarantee that you will be able to access all functions of this website without restrictions if your browser does not accept cookies. You can also use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link takes you to the corresponding plug-in: https://tools.google.com/dlpage/gaoptout?hl=de
Here you can find more information about the use of data by Google Inc.:
- policies.google.com/privacy/partners (data collected by Google partners)
- adssettings.google.de/authenticated (preferences about ads shown to you)
- policies.google.com/technologies/ads (use of cookies in ads)
2. Vimeo
Plug-ins of the video portal Vimeo, Vimeo LLC, 555 West 18th Street, New York, New York 10011, USA are integrated on our website. Each time you visit a page that offers one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the USA. Information about your visit and your IP address are stored there. By interacting with the Vimeo plug-ins (e.g., clicking the start button), this information is also transmitted to Vimeo and stored there. The data protection declaration for Vimeo with more detailed information on the collection and use of your data by Vimeo can be found in the data protection declaration of Vimeo.
If you have a Vimeo user account and do not want Vimeo to collect data about you via this website and link it to your member data stored on Vimeo, you must log out of Vimeo before visiting this website.
In addition, Vimeo calls the Google Analytics tracker via an iFrame in which the video is called up. This is Vimeo's own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some internet browsers. You can also prevent Google from collecting the data generated by Google Analytics and related to your use of the website (incl. your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de
3. Sprengnetter - Free value indication for property owners.
1. Scope of personal data processing.
We use Sprengnetter on our website. Sprengnetter is a tool that allows you to request a free indication of value for your property. The provider is Sprengnetter Real Estate Services GmbH ("Sprengnetter"), Sprengnetter Campus 1, 53474 Bad Neuenahr-Ahrweiler, HRB 27814, part of the Sprengnetter Group of Companies (info@sprengnetter.de).
The data you enter is automatically transmitted to Sprengnetter for the creation of the value indication. The following personal data is processed when using the service: Date and time of the call, IP address, browser type and version, device type and the operating system. This data is deleted after a few seconds and is not used for any other purpose. They are only used for the provision of the application.
Sprengnetter integrates maps from the "Mapbox" service for better usability (https://www.mapbox.com/). There is a corresponding contract between Sprengnetter and Mapbox on a commissioned processing relationship, which ensures compliance with data protection regulations. Further information can be found under the following link: https://www.mapbox.com/legal/privacy/
The Mapbox map service is integrated exclusively for the purposes of the best possible display and optimisation of the map functions and temporary storage of the selected settings. In particular, the following personal data is processed when using the service: IP addresses, data on your browser, device and operating system. However, the data will not be used by Mapbox or Sprengnetter to draw conclusions about your person.
With just a few entries, you will receive an initial overview of the value of your property. Required details are information about your property as well as your name and e-mail address. This information is required to process your enquiry, for example to be able to address you correctly. Voluntary information is the telephone number, unless otherwise specified.
After entering your personal data and clicking the "Request" button, you will receive a link from Sprengnetter by e-mail. After confirmation, you can call up the value indication that has been created. With the confirmation, your entered data will be forwarded to us for contacting you. We will then contact you by e-mail or telephone and explain the contents of the value indication to you. If necessary, we will be happy to advise you on the preparation of a detailed market price assessment and, if applicable, offer you our support in marketing your property.
**2. Legal basis for personal data processing
The legal basis for data processing is your consent pursuant to Art. 6 Para. 1 lit. a DSGVO. In the case of legitimate interest according to Art. 6 para. 1 p. 1 lit. f. DSGVO can be considered. The legitimate interest consists in marketing its offered services as effectively as possible. Your consent can be revoked at any time with effect for the future. If cookies are stored or information is accessed on the user's terminal device, Section 25 of the TTDSG also applies. You have the option to revoke your consent to the processing of your data for the future at any time.
3. Purpose of data processing
In order to carry out and provide the value indication, we process your personal and property-related data that you have provided in the application. We need your e-mail address to send you the link to the created value indication. In addition, we process your e-mail address and your telephone number (if provided) in order to contact you in writing or by telephone for the purpose of explaining the value indication and, if necessary, to advise you with regard to services based on it.
4. Data erasure and storage period
The personal data will be deleted or their processing restricted (blocked) as soon as they are no longer required to achieve the purpose for which they were collected or the person concerned has objected to this processing. Please also note that we may have to retain certain data for a specified period of time in order to comply with legal requirements (e.g. tax regulations).
4. Social media appearances
1. Description and scope of data processing
We maintain publicly accessible profiles on social networks. The individual social networks we use are listed below.
Social networks can usually analyze your user behaviour comprehensively when you visit their website or a website with integrated social media content, such as Like buttons or advertisements.
Visiting our social media presence triggers numerous data protection-related processing operations:
If you are logged into your social media account and visit one of our social media sites, the operator of the social media portal can assign this visit to your user account. Under certain circumstances, however, your personal data can also be recorded if you are not logged in or do not have an account with the respective social media portal. In this case, this data are collected, for example, via cookies that are stored on your end device or by recording your IP address.
With the help of the data collected in this way, the operators of the social media portals can create user profiles in which your preferences and interests are stored. In this way, interest-based advertising can be displayed to you both inside and outside of the respective social media presence. If you have an account with the respective social network, interest-based advertising can be displayed on all devices on which you are logged in or were logged in.
Please also note that we cannot trace all processing operations on the social media portals. Depending on the provider, additional processing operations may therefore be carried out by the operators of the social media portals. Details can be found in the terms of use and data protection regulations of the respective social media portals.
2. Legal basis for data processing
Our social media appearances should ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 (1) (f) GDPR. The analysis processes initiated by the social networks may be based on different legal bases, which must be specified by the operators of the social networks, for example consent within the meaning of Art. 6 (1) (a) GDPR.
3. Person responsible and assertion of rights
If you visit one of our social media sites, we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. In principle, you can assert your rights (information, correction, deletion, restriction of processing, data transferability, and complaints) both against us and against the operator of the respective social media portal.
Please note that despite the joint responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are largely based on the corporate policy of the respective provider.
4. Duration of storage
The data collected directly by us via the social media presence will be deleted from our systems as soon as the purpose for storing it no longer applies, you request us to delete them, revoke your consent to storage, or the purpose for storing the data no longer applies. Saved cookies remain on your end device until you delete them. Mandatory legal provisions, in particular retention periods, remain unaffected.
We have no influence on the storage period of your data, which are stored by the operators of the social networks for their own purposes. For details, please contact the operators of the social networks directly.
Social media appearances in detail
a. Facebook
We have a profile on Facebook. The provider is Meta Platform Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Dublin, Ireland. Facebook is certified under the EU-US Privacy Shield.
You can adjust your advertising settings independently in your user account. To do this, click on the following link and log in: https://www.facebook.com/settings?tab=ads
Details on how they handle your personal data can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/
b. Instagram
We have a profile on Instagram. The provider is Meta Platform Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Dublin, Ireland. Details on how they handle your personal information can be found in Instagram's privacy policy: https://help.instagram.com/519522125107875
c. XING
We have a profile on XING. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany.
Details on how they handle your personal data can be found in XING's data protection declaration: https://privacy.xing.com/de/datenschutzerklaerung
d. LinkedIn
We have a profile on LinkedIn. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn is certified under the EU-US Privacy Shield. LinkedIn uses advertising cookies.
If you want to disable LinkedIn advertising cookies, please use the following link:
https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Details on how they handle your personal data can be found in the data protection guidelines of LinkedIn: https://www.linkedin.com/legal/privacy-policy
XI. Digital contract signing with DocuSign
1. Description and scope of data processing
The signature service of our partner DocuSign International (EMEA) Ltd, 5 Hanover Quay, Dublin 2, Ireland (hereinafter ‘DocuSign’) offers the possibility of exchanging and signing contract documents via the Internet. The use of this service enables the legally compliant signing of the rental agreement without the exchange of paper documents.
You will receive an e-mail from us with a personalised link that you can use to view the documents intended for you and sign the rental agreement. The personalised link will be created as soon as we have sent the documents relating to your rental agreement to our partner DocuSign.
The personalised link will only be sent to the e-mail address you have provided, so that secure assignment is guaranteed.
The following data is also used: This includes private contact and identification data, such as surname, first name, address, e-mail address and any other necessary data.
The data is used by us to create the rental agreement and send it to you.
After signing the contract documents, your personal data transmitted to us will be stored in the database of our hosting partner DocuSign as a so-called finalised envelope. We receive an e-mail about the signature and storage. We then transfer the signed documents to our own system and assign them to your rental agreement.
2. legal basis for data processing
The processing of data by means of a digital signature by the user is based on Art. 6 para. 1 lit. f GDPR.
3 Purpose of the data processing
The service of our partner, DocuSign Inc. offers the possibility to sign contract documents digitally. This speeds up and simplifies processes.
The purposes mentioned also represent our legitimate interest in the processing of data within the meaning of Art. 6 para. 1 lit. f GDPR.
4. duration of storage
After 12 weeks, the completed envelope is automatically deleted from DocuSign. The documents in our system are stored in accordance with the statutory retention period and then automatically deleted.
5. transfer to a third country or an international organisation
Our processor DocuSign processes personal data in third countries (e.g. in the United States) on a case-by-case basis. Please note that the level of data protection in the USA and other third countries may not correspond to that within the European Union or the scope of the GDPR. However, the protection of your data is of particular concern to us, especially through binding internal data protection regulations within the meaning of Art. 47 GDPR. Further information on ensuring data security at DocuSign can be found at https://www.docusign.de/de-de/datenschutzerklaerung/datenschutz/.
6. possibility of objection and removal
You have the option of not using this service. However, please note that without this service and the associated processing of your personal data, it is not possible to conclude or process the contract for the digital signature of documents using DocuSign.
XII. Rights of the data subject
If personal data are processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether personal data relating to you are being processed by us.
If such processing is present, you can request information from the person responsible for the following information:
- the purposes for which the personal data are processed;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom your personal data have been or will be disclosed;
- the planned duration of the storage of the personal data concerning you, or, if specific information on this is not possible, criteria for determining the storage duration;
- the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the person responsible, or a right to object to this processing;
- the existence of a right of appeal to a supervisory authority;
- all available information about the origin of the data, if the personal data are not collected from the data subject;
- the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether your personal data are transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.
2. Right to Rectification
You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
3. Right to restriction of processing
You can request the restriction of the processing of your personal data under the following conditions:
- if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to verify the accuracy of the personal data;
- the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
- the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
- if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of the personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.
If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
You object to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 (2) GDPR.
The personal data concerning you have been processed unlawfully.
The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.
b) Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 (1) GDPR, they shall take appropriate measures, also of a technical nature, to inform the person(s) responsible for data processing who process the personal data, taking into account the available technology and the implementation costs, that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
c) Exception
The right to erasure does not exist if processing is necessary
- to exercise the right to freedom of expression and information;
- to fulfill a legal obligation that requires processing under Union or Member State law to which the person responsible is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the person responsible;
- for reasons of public interest in the field of public health in accordance with Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the law mentioned under section a) is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or
- to assert, exercise or defend legal claims.
5. Right to be informed
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, they are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the person responsible.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that
- the processing is based on consent pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) (b) GDPR and
- the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the person responsible.
7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.
The person responsible no longer processes the personal data relating to you unless they can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise, or defend legal claims.
If the personal data concerning you are processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation. If you would like a correction, blocking, deletion or information about the personal data stored about you or if you have questions regarding the collection, processing or use of your personal data or if you would like to revoke your consent, please contact us at the following e-mail address: info@tk-immo.de.
9. Automated individual decision-making including profiling
We do not use automatic decision-making or profiling.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.
The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
As of June 30, 2023