This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter collectively referred to as "online offering"). With regard to the terms used, such as "processing" or " person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation.
BTG Immobilienservice GmbH
De-Smit-Straße 36-38
07545 Gera
Germany
| phone: | (0365) 82 31 8-0 |
| e-mail: | info@BTG24.de |
| internet: | www.BTG24.de |
| legal notice: | http://www.BTG24.de/impressum |
| Managing Director: | Kai Klöppel |
Andrea Peitsch
DVZ - Datenverarbeitungszentrum Gera GmbH
Dr.-Friedrich-Wolf-Straße 10
07545 Gera
Germany
| phone: | (0365) 55 29 93-0 |
| e-mail: | A.Peitsch@DVZ-Gera.de |
- inventory data (e.g. names, addresses).
- contact details (e.g. e-mail, phone numbers)
- content data (e.g. text entries, photographs, videos)
- usage data (e.g. frequented websites, interest in content, access times)
- meta-/communication data (e.g. device information, IP addresses)
Visitors and users of the website (hereinafter we also refer to the data subjects collectively as "users").
- Provision of the website, its functions and content.
- Answering contact enquiries and communicating with users.
- security measures.
- measuring reach/marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "effected person"); 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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
The "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.
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the fulfilment of our services and implementation of contractual measures as well as answering enquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f DSGVO. 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 DSGVO serves as the legal basis.
We take appropriate technical and organisational measures in accordance with Art. 32 DSGVO, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that the rights of data subjects are exercised, data is deleted and we respond to data threats. Moreover, we already take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 DSGVO).
If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is required to fulfil a contract in accordance with Art. 6 para. 1 lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual authorisations, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. DSGVO are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 DSGVO. According to Art. 16 DSGVO, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you. In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 DSGVO. You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 DSGVO and to request that it be transferred to other data controllers. You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
You have the right to withdraw your consent in accordance with Art. 7 (3) DSGVO with effect for the future.
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. In particular, you may object to processing for direct marketing purposes.
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. "Permanent" or "persistent" cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website after several days. The interests of users can also be stored in such a cookie and used for reach measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as "first-party cookies"). We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website (http://www.aboutads.info/choices) or the EU website (http://www.youronlinechoices.com)Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this website.
The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 DSGVO. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the retention period is 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, the retention period is 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), 22 years in connection with real estate and 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition, we process contract data (e.g., subject matter of the contract, term, customer category) and payment data (e.g., bank details, payment history) from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process the data of our customers, clients and interested parties (uniformly referred to as "customers") in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying order. This generally includes inventory and master data of customers (name, address, etc.), as well as contact data (e-mail address, telephone, etc.), contract data (content of the order, fees, terms, information on the brokered companies/insurers/services) and payment data (commissions, payment history, etc.). We may also process information on the characteristics and circumstances of persons or items belonging to them if this is part of the subject matter of our order. This may include, for example, information on personal circumstances, movable or immovable property. As part of our assignment, it may also be necessary for us to process special categories of data in accordance with Art. 9 para. 1 DSGVO, in particular information on a person's health. If necessary, we obtain the express consent of the customer for this in accordance with Art. 6 para. 1 lit. a., Art. 7, Art. 9 para. 2 lit. a DSGVO. If necessary for the fulfilment of the contract or required by law, we disclose or transmit customer data to providers of the brokered services/properties, insurers, reinsurers, broker pools, technical service providers, other service providers, such as cooperating associations, as well as financial service providers, credit institutions and investment companies, social insurance institutions, tax authorities, tax consultants, legal advisors, auditors, insurance ombudsmen and the Federal Financial Supervisory Authority (BaFin) in the context of cover requests, conclusions and processing of contracts. We may also commission subcontractors, such as sub-brokers. We obtain the customer's consent if this is required for disclosure/transmission (which may apply, for example, in the case of special categories of data pursuant to Art. 9 DSGVO). The deletion of the data takes place after the expiry of statutory warranty and comparable obligations, whereby the necessity of storing the data is reviewed every three years; otherwise the statutory retention obligations apply.
In the case of statutory archiving obligations, deletion takes place after their expiry. In particular, under German law in the insurance and financial sector, consultation records must be retained for 5 years, broker contract notes for 7 years and broker contracts for 5 years, as well as generally 6 years for documents relevant to commercial law and 10 years for documents relevant to tax law.
We process the data of our contractual partners and interested parties as well as other ordering parties, customers, mandates, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 para. 1 lit. b. GDPR. DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and telephone numbers) as well as contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).
We do not process special categories of personal data unless they are part of commissioned or contractual processing.
We process data that is necessary for the establishment and fulfilment of contractual services and point out the necessity of its disclosure, unless this is evident to the contractual partners. Disclosure to external persons or companies only takes place if it is necessary within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.
As part of the use of our online services, we may store the IP address and the time of the respective user action. This data is stored on the basis of our legitimate interests and the interests of users in protection against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary to pursue our claims in accordance with Art. 6 para. 1 lit. f. GDPR. DSGVO or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c. DSGVO.
The data will be deleted when the data is no longer required for the fulfilment of contractual or statutory duties of care and for dealing with any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise the statutory retention obligations apply.
We process data as part of administrative tasks and the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified in these processing activities.
We disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee centres and payment service providers.
We also store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We generally store this mainly company-related data permanently.
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's details will be used to process the contact enquiry and its handling in accordance with Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other enquiries) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.
We delete the enquiries if they are no longer required. We review the necessity every two years; the statutory archiving obligations additionally apply.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services that we use for the purpose of operating this online offering.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with. Art. 28 DSGVO (conclusion of order processing contract).
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. DSGVO, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
We use a so-called "Content Delivery Network" (CDN), offered by Cloudflare, Inc, 101 Townsend St, San Francisco, CA 94107, USA.
A CDN is a service with the help of which the content of our online offer, in particular large media files such as graphics or scripts, are delivered faster with the help of regionally distributed servers connected via the Internet. User data is processed solely for the aforementioned purposes and to maintain the security and functionality of the CDN.
The use is based on our legitimate interests, i.e. interest in the secure and efficient provision, analysis and optimisation of our online offer in accordance with Art. 6 para. 1 lit. f. DSGVO.
Further information can be found in Cloudflare's privacy policy
Cloudflare (https://www.cloudflare.com/security-policy).
With the help of server monitoring & error tracking, we ensure the availability and integrity of our online offering and use the data processed in the process to technically optimise our online offering. For these purposes, we use the service New Relic, Inc. Attn: Legal Department 188 Spear Street, Suite 1200 San Francisco, CA 94105, USA.
New Relic processes aggregated performance data, i.e. performance, utilisation and comparable technical values, which provide information about the stability and any anomalies of our online offer. In the event of errors and anomalies, individual requests from users of our online offering are recorded pseudonymously in order to identify and rectify sources of problems. In this case, pseudonymisation means in particular that the users' IP addresses are stored with the last two digits removed (so-called IP masking). The aggregated data is deleted after three months, the pseudonymised data after seven days.
We use New Relic on the basis of our legitimate interests in the security, accuracy and optimisation of our online offer in accordance with Art. 6 para. 1 lit. f DSGVO. Further information on the processing of personal data by New Relic can be found in the service's privacy policy (https://newrelic.com/termsandconditions/privacy).
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services.
We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place adverts inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are generally stored on the user's computer, in which the user's usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users' personal data is based on our legitimate interests in effective user information and communication with users in accordance with Art. 6 para. 1 lit. f. DSGVO. If users are asked by the respective providers to consent to data processing (i.e. to give their consent, e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information from the providers.
In the case of requests for information and the assertion of user rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the user's data and can take appropriate measures and provide information directly. If you still need help, you can contact us.
Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) - privacy policy
(https://www.facebook.com/about/privacy), Opt-Out
(https://www.facebook.com/settings?tab=ads) and
(http://www.youronlinechoices.com).
Google (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – privacy policy
(https://policies.google.com/privacy), Opt-Out
(https://adssettings.google.com/authenticated).
Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland) - privacy policy/Opt-Out
(https://privacy.xing.com/de/datenschutzerklaerung).
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third-party providers within our online offer in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymised information may also be stored in cookies on the user's device and may contain technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy (https://www.google.com/policies/privacy), Opt-Out (https://adssettings.google.com/authenticated).
We integrate the maps of the "Google Maps" service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually as part of the settings of their mobile devices). The data may be processed in the USA. Privacy policy (https://www.google.com/policies/privacy), Opt-Out (https://adssettings.google.com/authenticated).
Based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").
This may include, for example, content such as images, videos or text and buttons with which users can share content from this online offering within Facebook. The list and appearance of the Facebook social plugins can be viewed at
(https://developers.facebook.com/docs/plugins).
When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store their IP address. According to Facebook, only an anonymised IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options for protecting the privacy of users, can be found in Facebook's data protection information
(https://www.facebook.com/about/privacy).
If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it to their membership data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings (https://www.facebook.com/settings?tab=ads)
or via the US site (http://www.aboutads.info/choices) or the EU site
(http://www.youronlinechoices.com). The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
Created with Datenschutz-Generator.de by RA Dr Thomas Schwenke
