Data protection information

– Information pursuant to Article 12 et seq. of the General Data Protection Regulation (GDPR) –

In the following, we inform you about the processing of your personal data by us and the claims and rights to which you are entitled under data protection regulations, in particular the European General Data Protection Regulation (GDPR).

Personal data within the meaning of the GDPR is all data that can be related to you personally, e.g. name, address, email addresses and date of birth.

We use the data protection terms used in our data protection information in accordance with the definitions of the GDPR.
This includes terms such as personal data, processing, restriction of processing, profiling, pseudonymization, controller, processor, recipient, third party, consent, company, supervisory authority and international organization.
You can find the corresponding definitions for these terms in Art. 4 GDPR.

Note on the transmission of third-party data by you:

If you transfer personal data about your spouse, partner, relatives or other third parties (such as guarantors), please inform them about the processing of their personal data by us and refer them to this data protection information.
The consent of these persons may be required for data transfer.

 

1. who is responsible for data processing and who can I contact?

Responsible person:

Quartier FÜRstenried West GmbH & Co. geschl.
InvKG Theodor-Heuss-Allee 70 60486 Frankfurt am Main

Please address your data protection inquiries to us as follows: datenschutz@fuerstenriedwest.de

 

 

2. For what purposes do we process your data and on what legal basis?

We process personal data that we receive from you as part of the use of our website and, if applicable, our business relationship/processing of the tenancy.

If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server.
If you visit our website for information purposes only, we collect the following access data, which is technically necessary for us to display our website to you and to ensure stability and security.
This access data includes the IP address, date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (i.e. name of the specific website accessed), access status/HTTP status code, amount of data transferred in each case, referrer URL (previously visited page), operating system and its interface, browser type and language and version of the browser software, notification of successful access.

We also receive your personal data if you contact us, for example via contact form or e-mail.
Personal data here includes, for example, your name, address, e-mail address, telephone number and, if applicable, the data that you send us as a message (hereinafter referred to as “contact data”).
We process your personal data for the following purposes and on the following legal bases:

 

Purposes	Legal basis
We process your personal data for the decision on the establishment of the tenancy as well as after the establishment of the tenancy for its implementation, to fulfill the obligations arising from a law and to process the tenancy after the end of the contract. We process the following data in particular to establish the tenancy: General personal data: Name, first address and other addresses within the last 3 years, e-mail address, telephone number (business and/or private), place of birth, date of birth, marital status, nationality, copy of ID provided by prospective tenant Data on the desired apartment: town, location, living space, number of rooms, move-in date, parking space, total rental charge Further data: Occupation, current occupation, employed since, employer, disposable income/monthly net income, persons belonging to the household, intended pet ownership, certificate of eligibility for housing together with notification of transfer and income certificate in accordance with § 9 Para. 2 WoFG, information on whether an affidavit has been submitted, bank account details, proof of income, certificate of no rental debt from your previous landlord, proof of household contents insurance if applicable Information from third parties: a Schufa report to be provided by you, other data from credit agencies or from public directories Once a tenancy agreement has been concluded, we and a property management company commissioned by us will process your data as a service provider in order to execute the tenancy agreement. This processing may also take place via an online portal to which you will receive access data. The following data in particular is included in the processing of the contract: Tenant management, in particular tenant master data, contract master data Settlement of rental payments and incidental rental costs Recording and billing of consumption data (in particular meter readings of consumption meters, evaluation of sensors for heating, ventilation and elevator) Functional data of the locking system (opening times) Management and commissioning of construction and repair measures. If you report damage to our properties to us, your personal data will be processed for the purpose of carrying out repairs as part of your tenancy and/or for the maintenance and modernization (legal basis: to safeguard legitimate interests, Art. 6 para. 1, f GDPR) of our rental properties. If repairs or construction work cannot be carried out by us, we will forward your damage report to the relevant service providers and pass on your contact details (telephone, email, website contact form) to them for the purpose of direct and rapid coordination with you Details on the certificate of eligibility for housing together with notification of transfer and income certificate in accordance with Section 9 Para. 2 WoFG for the fulfillment of transmission, notification or reporting obligations for subsidized apartments After termination of the tenancy agreement, we process your data for final settlement of the tenancy and payment of the rental deposit.	For the fulfillment of pre-contractual and contractual obligations, Art. 6 para. 1b GDPR
Where necessary, we process your data beyond the actual fulfillment of the contract to protect our legitimate interests or those of third parties. This includes the following activities in particular: Provision of mobility services on the site of the property (provided by a mobility service provider) Assertion of legal claims and defense in legal disputes to prevent fraud and other criminal offenses Preparation of business analyses Management of legal, tax and other services in connection with the tenancy Consultation of and data exchange with credit agencies (e.g. SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, CRIF Bürgel GmbH, Radlkoferstr.2, 81373 Munich, Creditreform e.V., Hellersbergstraße 12, 41460 Neuss) to determine creditworthiness or default risks in the letting business, if necessary inspection of public directories such as the debtor register Measures for building and facility security (e.g. access controls using electronic locking systems) and for the prevention and investigation of criminal offenses, including through the operation of video surveillance systems For handling repair, maintenance and modernization measures in the rental property	As part of the balancing of interests to safeguard legitimate interests, Art. 6 para. 1f GDPR
We are also subject to legal obligations, i.e. statutory requirements. These relate in particular to the fulfillment of retention, control and reporting obligations under tax law.	Due to legal requirements, Art. 6 para. 1c GDPR, or in the public interest, Art. 6 para. 1 e GDPR
If you have given us your consent to process personal data for specific purposes (e.g. storing your data for future rental offers, forwarding data to third parties, sending newsletters), this processing is lawful on the basis of your consent. Consent that has been granted can be revoked at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.	Based on your consent, Art. 6 para. 1a GDPR

 

3. who receives my data?

Within our company, only those departments that need your data to fulfill our contractual and legal obligations will have access to it.

Processors employed by us (Art. 28 GDPR) may also receive data for these purposes.
These are companies in the categories of trades for construction and repair measures, meter reading companies (such as ISTA and others), laboratories for testing water for Legionella, IT services for the maintenance of our hardware and software, logistics or mailing and debt collection.
If we use processors to provide our services, we take suitable legal precautions and appropriate technical and organizational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.

Data will only be passed on to third parties within the framework of legal requirements.
We only pass on user data to third parties if this is necessary, for example, on the basis of Art. 6 para.
1 lit.
b) GDPR for contractual purposes or on the basis of legitimate interests acc.
Art. 6 para.
1 lit.
f. GDPR in the economic and effective operation of our business operations or you have consented to the transfer of data.
Under these conditions, recipients of personal data may be, in particular

• Ackermann Hausverwaltung GmbH, Garmischer Str. 7, 80339 Munich
• Hines Immobilien GmbH.
  Joachimsthaler Str. 1 10623 Berlin
• Universal-Investment-GmbH, Theodor-Heuss-Allee 70, 60486 Frankfurt am Main (capital management company (KVG))
• Bayerische Versorgungskammer, Denninger Str. 37, 81925 Munich
• Bavarian Pension Association – Supplementary Pension Fund of the Bavarian Municipalities, Denninger Straße 37, 81925 Munich
• Bayerische Ärzteversorgung, institution under public law with legal capacity and self-administration, Denninger Straße 37, 81925 Munich, Germany
• Versorgungsanstalt der deutschen Bühnen, Anstalt des öffentlichen Rechts, Arabellastraße 31, 81925 Munich, Germany
• Versorgungsanstalt der deutschen Kulturorchester, institution under public law, Arabellastraße 31, 81925 Munich
• Bayerische Apothekerversorgung, Anstalt des öffentlichen Rechts, Arabellastraße 31, 81925 Munich, Germany
• überall GmbH, Geigelsteinstraße 5c, 83209 Prien am Chiemsee
• State authorities (including financial, tax, administrative, criminal or judicial authorities)
• Tax consultants and auditors (e.g. to carry out and inspect our accounting)
• Lawyers and courts for the assertion of legal claims and defense in legal disputes
• Banks and savings banks, e.g. for the execution of direct debits or the deposit procedure
• Third parties for the purpose of providing the rental deposit, in particular: security deposit insurers, guarantors, banks
• Job center and registration office upon request (e.g. information about the persons living in the apartment)
• Housing authorities and state investment banks, e.g. to fulfill statutory transmission, notification or reporting obligations or for the initial and continued submission of applications for the granting of income-oriented subsidies for subsidized housing within the framework of subsidies under the housing subsidy regulations
• utility company, e.g. as the basic supplier of your apartment after you move in
• Other tenants (e.g. to justify rent increases by way of a comparative rent increase)
• Prospective tenants (e.g. to view the apartment before you move out of our apartment)
• Buyers and prospective buyers of real estate (e.g. to arrange a viewing appointment)
• Credit agencies (e.g. SCHUFA, CRIF BÜRGEL, CREDITREFORM)
• Suppliers, service providers and tradesmen, insofar as they are not processors (e.g. to carry out repairs in your home)
• Brokerage firm

 

4. how long will my data be stored?

For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of seven days and then deleted (see point 2 above).
Data whose further storage is required for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

Where necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and execution of a rental agreement.

If we do not offer you a rental agreement after checking the documents or if you are not interested in concluding a rental agreement with us and you have not given us your consent to further storage, we will delete your data stored by us after 3 months from the time of our or your rejection of the rental agreement.
The documents you have provided will be returned to you.
The legal basis for storing the documents for 3 months is our legitimate interest (Art. 6 para. 1f GDPR) in defending against the assertion of claims by prospective tenants, in particular in accordance with the General Equal Treatment Act (AGG).

In addition, we are subject to various retention and documentation obligations, including those arising from the German Commercial Code (HGB) and the German Fiscal Code (AO).
The retention and documentation periods specified there are two to ten years.
For example, we must retain the rental agreement containing your personal data for at least 10 years, calculated from the end of the rental agreement

Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to Sections 195 et seq. of the German Civil Code (BGB), are generally three years, but in certain cases can be up to thirty years, whereby the regular limitation period is three years.

5. Is data transferred to a third country or to an international organization?

Data is not transferred to third countries (countries outside the European Union or European Economic Union).
An exception applies in the event of your consent to the use of external online services.
For further information on this, please see – 11. Processing of personal data in the context of the use of external online services.

6 What data protection rights do I have?

Each person concerned has

• the right to information in accordance with Art. 15 GDPR (i.e. you have the right to request information about your personal data stored by us at any time),
• the right to rectification pursuant to Art. 16 GDPR (i.e. in the event that your personal data is incorrect or incomplete, you can request the rectification of this data),
• the right to erasure pursuant to Art. 17 GDPR and the right to restriction of processing pursuant to Art. 18 GDPR (i.e. you may have the right to request the erasure or restriction of processing of your personal data if, for example, there is no longer a legitimate business purpose for such processing and statutory retention obligations do not require further storage),
• the right to data portability under Art. 20 GDPR (i.e. you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance).

Furthermore, you can revoke your consent with effect for the future.

You also have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR in conjunction with Section 19 BDSG).
You can find the supervisory authority responsible for you at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

We would also like to draw your attention to your right to object in accordance with Art. 21 GDPR:

Information about your right to object in accordance with Art. 21 GDPR

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) GDPR (data processing in the public interest) and Article 6(1)(f) GDPR (data processing based on a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4(4) GDPR, which we use for questionnaire evaluation or for advertising purposes.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.
The objection can be made informally and no costs other than the transmission costs according to the basic rates will be incurred.
The objection should be sent to the contact details given above.

7. To what extent is there automated decision-making including profiling in individual cases?

We do not use fully automated decision-making in accordance with Article 22 GDPR to establish and conduct the business relationship.
We also do not process your data automatically with the aim of evaluating certain personal aspects (profiling).

8. am I obliged to provide data? As part of our business relationship, you only need to provide the personal data that is required for the establishment, execution and termination of a rental agreement or that we are legally obliged to collect.
Without this data, we will generally have to refuse to conclude a rental agreement or will no longer be able to execute an existing agreement and may have to terminate it.
If information can be provided voluntarily, we have marked this information accordingly in the respective data collection form. 9. Where do we obtain your data from and what categories of data are involved?

We process personal data that we receive from you as part of our business relationship.

In addition, we receive your data from the following sources:

• Real estate agencies
• Online portals for finding prospective tenants

This is personal data for checking the justification of the tenancy, see under 2.

 

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