Data Protection per the EU’s General Data Protection Regulation (GDPR)
Effective as of 25 May 2018
For us, FRANKONIA Eurobau, the protection of your privacy is important. In the following we would like to inform you about the nature, scope and purpose of the collection and use of personal data when you use our products and website.
We take the task of ensuring the confidentiality of your data within the framework of applicable data protection law very seriously. The protection and the legally compliant collection, processing and use of your data is therefore important for us. FRANKONIA Eurobau therefore uses technical and organisational measures to protect your data from manipulation, loss, destruction or access by unauthorised persons. Our security measures are constantly being refined based on the latest technology.
We would like to inform you here about our data collection, processing and usage and our data security so that you feel confident in inquiring about real estate offers, visiting our website and the use of our online services and, where relevant, our mobile apps.
Information on Data Protection Regarding Our Data Processing per Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)
Information on Data Protection Regarding Our Data Processing per Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)
I. General Information
Your personal data (for example your title, name, address, date of birth, email address, telephone number, bank details) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). In addition to processing purposes, recipients, legal bases, and storage deadlines, the following information also tells you about your rights and the person responsible (controller) for processing your data.
II. Data Processing
1. Purpose of Processing
We process the personal data you provide us with for pre-contractual support, finalising contracts, and for the fulfilment of the contractual obligations.
You are not obliged to provide your personal data. If you don’t provide us with your data, we cannot offer you pre-contractual support conclude a contract with you.
2. Legal Grounds
The legal bases for this processing of your personal data are:
- Article 6 subparagraph 1 letter a and article 7 of GDPR The processing takes place based on the consent of the data subject.
- Article 6 subparagraph 1 letter b of GDPR The processing takes place so that we can provide our services, arrange contracts, and answer enquiries,
- Article 6 subparagraph 1 letter c of GDPR Processing takes place to fulfil our legal obligations
3. Categories of Recipients
Your data will not be passed on to third parties without your express consent. Excluded from this are our service partners whom we need for the contractual relationship, or service providers who assist with processing orders. These could be recipients of the following categories: Companies within the group, service providers, authorities, payment service providers, utility providers, computer service providers.
III. Storage Duration
We store the data required for the execution of the contract until the expiry of the statutory warranty periods and, if applicable, the contractual guarantee periods. We keep the data required according to trade and tax law for the periods specified by law, usually for ten years (see article 257 of the German Commercial Code [HGB] and article 147 of Germany’s General Fiscal Law [AO]). The data processed for pre-contractual reasons will be deleted as soon as the relevant measures have been carried out and it is clear that no contract will be concluded.
IV. Data Subjects’ Rights
If your personal data is processed, you are per GDPR a data subject and you are entitled to exercise the following rights against us:
1. Right to Receive Information
You can require us to confirm whether personal data pertaining to you is processed by us.
If such data is being processed, you can request information from us regarding the following:
- The purposes for which the personal data is processed;
- The categories of personal data being processed;
- The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed.
- The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
- The existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
- The existence of a right of appeal to a supervisory authority;
- Any information available on the origin of the data where the personal data are not sent by the data subject;
- The existence of automated decision-making, including profiling, referred to in article 22 subparagraphs 1 and 4 of GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- You have the right to request information about whether your personal data is sent to a third country or an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to article 46 of GDPR in connection with the sending of this data.
2. Right to Rectification
You have a right with respect to us to rectification and/or completion, if the personal data you process is incorrect or incomplete. We must make the correction without delay.
3. Right to Restriction of Processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
- If you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
- If the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- If we no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
- If you have appealed against the processing in accordance with article 21 subparagraph 1 of GDPR and have not yet established whether our legitimate reasons outweigh your reasons.
Where processing of your personal data has been restricted, such data will, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If processing has been restricted according to the above conditions, we will inform you before the restriction is lifted.
4. Right to Deletion
a. Obligation to Delete
You have the right to demand from us the erasure of personal data concerning you without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- You withdraw consent on which the processing is based according to article 6 subparagraph 1 letter a or article 9 subparagraph 2 letter a of GDPR, and there is no other legal ground for the processing.
- You object to the processing pursuant to article 21 subparagraph 1 of GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to article 21 subparagraph 2 of GDPR.
- Your personal data has been unlawfully processed.
- The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
- Your personal data have been collected in relation to the offer of information society services referred to in article 8 subparagraph 1 of GDPR.
b. Information Provided to Third Parties
Where we have made the personal data public and are obliged pursuant to article 17 subparagraph 1 of GDPR to erase the personal data, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that you, the data subject, have requested the erasure of that personal data, or any copy or replication of that personal data.
There is no right to deletion in cases where processing is required:
- For exercising the right of freedom of expression and information;
- For compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
- For reasons of public interest in the area of public health in accordance with article 9 subparagraph 2 letters h and i and article 9 subparagraph 3 of GDPR;
- For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with article 89 subparagraph 1 of GDPR in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- For the establishment, exercise or defence of legal claims.
5. Right to Be Informed
If you have, with respect to us, exercised the right to rectification, deletion or restriction of the processing, we are obliged to inform all parties to whom your personal data has been revealed of the rectification, deletion or restriction, unless this proves to be impossible or involves a disproportionate effort.
You have the right, with respect to us, to be informed about these recipients.
6. Right to Data Portability
You have the right to receive, in a structured, current and machine-readable format, the personal data you have provided to us. You also have the right to have the controller forward this personal data to another controller without hindrance, provided that:
- The processing is based on consent pursuant to article 6 subparagraph 1 letter a of GDPR or on article 9 subparagraph 2 letter a of GDPR or on a contract pursuant to article 6 subparagraph 1 letter b of GDPR and
- The processing is carried out by automated means.
- In exercising your right to data portability, you shall have the right to have the personal data transmitted directly from us to another controller, where technically feasible. Freedoms and rights of other persons may not be affected by this.
The right to data portability shall not apply to processing of personal data as necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
7. Right to Object
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you and which is based on article 6 subparagraph 1 letter e or f of GDPR, including profiling based on those provisions.
We shall no longer process the personal data regarding you unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
8. Right to Revoke Declarations of Consent to Data Processing
You have the right to revoke your declaration of consent to data processing at any time. The revocation of consent does not affect the legality of the processing that took place prior to the revocation of consent.
9. Automated Decision-Making in Individual Cases, Including Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
- Is necessary for entering into, or performance of, a contract between you and us;
- Is authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
- Is based on your express consent.
These decisions shall not be based on special categories of personal data referred to in article 9 subparagraph 1 of GDPR, unless article 9 subparagraph 2 letters a or g applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place. In the cases referred to in points (1) and (3), we shall implement suitable measures to safeguard rights and freedoms and your legitimate interests
10. Right to Complain to 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 habitual residence, place of work or place of the alleged infringement if your consider that the processing of your personal data infringes GDPR.
The data on this website is processed by the operator of the website, whose contact information is available under section “Imprint” on this website.
FRANKONIA Eurobau AG
Phone +49 211 8632300
VI. Data Controller:
FRANKONIA Immobiliengesellschaft mbH
Phone +49 211-8632300
VII. Data protection officer:
We have appointed a protection officer for our company.
Telefon: 02821 7606600
1. An overview of data protection
2. Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
3. General information and mandatory information
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
4. Data collection on our website
Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
4. Plugins and tools
Google Web Fonts
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.
This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.
Source Part II: e-Recht24