Privacy policy for clients and contractors (brokerage business) of Larbig & Mortag Immobilien GmbH

1. Name and address of the controller and data protection officer

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Larbig & Mortag Immobilien GmbH
Theodor-Heuss-Ring 23, 50668 Cologne, Germany
Email: info@larbig-mortag.de
Tel.: +49 221 998 997
Fax

We have appointed a data protection officer in accordance with Art. 37 GDPR. You can contact our data protection officer using the following contact details:

Mr. Christian Deutz
Larbig & Mortag Immobilien GmbH
Theodor-Heuss-Ring 23, 50668 Cologne
Email: datenschutz@larbig-mortag.de

For the purpose of initiating, brokering, establishing, and executing rental and purchase agreements relating to the properties we offer, we collect and process data in accordance with the provisions of data protection law as follows.

2. Contact by interested parties, information documents, viewing appointments

2.1 Description and scope of data processing

For the purpose of processing enquiries from interested parties regarding real estate properties for rent or sale, providing information and arranging viewing appointments, we collect data as described below. If we provide you with information about the property by means of an interactive exposé, please note the additional information in the following section under III.

·  Title, first name, last name, address

·  Email address, telephone number

·  Number of persons living in the household

·  Information from the housing entitlement certificate, if available/relevant

2.2 Purpose of processing
The data is collected and processed for the purpose of responding to and processing inquiries from interested parties, transmitting requested information, and reviewing and arranging viewing appointments.

2.3 Legal basis for processing
The permissibility of collecting personal data from interested parties is governed by Art. 6 (1) (f) of the General Data Protection Regulation (GDPR) until and during the viewing appointment. At the latest after the interested parties have declared their intention to enter into a contractual relationship with regard to a specific property, a pre-contractual obligation arises towards the prospective buyers, so that the prospective buyers are then obliged to provide the real estate agent with the personal data required for the purpose of the contractual relationshipfor a specific property, a pre-contractual obligation arises towards the prospective interested parties, so that Art. 6 para. 1 lit. b) GDPR also applies. Data processing is necessary in accordance with Art. 6 para. 1 sentence 1 lit. b, f GDPR for the purposes stated and for the mutual fulfillment of obligations arising from the brokerage and initiation relationship of a rental or purchase agreement.

2.4 Duration of storage
If your interest and your enquiry relate to a specific property, the processing for the purpose of contract initiation/enquiry processing is no longer necessary once a selection has been made from among the interested parties and a corresponding contract has been concluded with regard to the property in question. The data of interested parties who are not considered will be deleted in this case regularly after six months from this point in time. If the inquiry and interest of the interested parties is (also) directed toward other and future real estate properties, the necessity of processing the data ceases to apply if the interested party informs us that they no longer have a corresponding interest. The data of interested parties who are not considered will be deleted in this case regularly after six months from this point in time. If we are obliged to store data for longer periods in accordance with Article 6 (1) sentence 1 lit. c GDPR due to tax and commercial law retention and documentation obligations (from the German Commercial Code (HGB), the German Criminal Code (StGB) or the German Fiscal Code (AO)), we have an overriding legitimate interest in storing them for longer, or you have consented to further storage in accordance with Article 6(1)(a) of the GDPR, these periods shall apply.

2.5 Transfer of data to third parties
Your personal data will not be passed on to third parties other than those listed below for the purposes listed. For the purpose of responding to inquiries from prospective tenants, providing information about the property, and arranging and conducting viewings, we reserve the right to forward the information you provide to a service provider. The
data passed on may only be used by these companies for the purposes stated.

3. Interactive property listing from Larbig & Mortag Immobilien

We provide our customers with property documents in a modern digital format (known as interactive property documents). The interactive property document automatically records the reading behavior, views, and interaction in the property documents provided each time they are used.

3.1 Description and scope of data processing
In addition to the data processing described in Section II, the following information is collected: Number of exposé views, IP address of the visitor, number of page views over time, movements and length of stay, and type of actions performed. For this purpose, the interactive exposé uses so-called "cookies," text files that are stored on your computer.

3.2 Purpose of processing
The data collected is used to optimize and improve user behavior. This aims to increase user-friendliness, optimize the website, and provide suitable real estate offers based on the visitor's search behavior.

3.3 Legal basis for processing
The permissibility of collecting personal data from interested parties is based on Art. 6 para. 1 lit. a) of the General Data Protection Regulation (GDPR). Processing is carried out on the basis of your consent given for these purposes.

3.4 Duration of storage
The user behavior data collected during the use of the Interactive Exposé will be stored for the above-mentioned purposes until you revoke the consent you have given us. We reserve the right to delete data prematurely if the purpose for which it was collected no longer applies.

3.5 Transfer of data to third parties
Your personal data will not be passed on to third parties.

4. Pre-contractual phase - Specific interest/pre-selection of interested parties

4.1 Description and scope of data processing
If your interest has become more specific after you have been provided with information about the property, we collect the following data for the purpose of preselecting interested parties, processing their enquiries, providing information and arranging viewing appointments:

·  Title, first name, last name, address

·   Email address, telephone number

·   Number of persons living in the household

·   Income and occupation

·   Consumer insolvency proceedings that have been opened and are still pending

·   Information from the housing entitlement certificate, if available/relevant

4.2 Purpose of processing
The data is collected and processed for the purpose of responding to and processing inquiries from prospective tenants, transmitting requested information, checking and arranging viewing appointments, and deciding on the justification.

4.3 Legal basis for processing
The permissibility of collecting personal data from interested parties is governed by Art. 6 (1) lit. f) of the General Data Protection Regulation (GDPR) until and during the viewing appointment. At the latest after the interested parties have declared their concrete interest in entering into a rental or purchase agreement for a property, a pre-contractual obligation arises, so that Art. 6 para. 1 lit. b) GDPR also applies.data processing is necessary in accordance with Art. 6 para. 1 sentence 1 lit. b, f GDPR for the purposes stated and for the mutual fulfillment of obligations arising from the preliminary relationship of a rental or purchase agreement.

4.4 Duration of storage
If your interest and your request relate to a specific rental property, the processing required for contract initiation/request processing shall cease as soon as a selection has been made from among the interested parties and a contract has been concluded with regard to the property in question. The data of interested parties who are not considered will be deleted in this case, as a rule, after six months from this point in time. If the inquiry and interest of the interested parties is (also) directed toward other and future real estate properties, the necessity of processing the data ceases to apply if the interested party informs us that they no longer have such interest. The data of interested parties who are not considered will be deleted in this case regularly after six months from this point in time. If we are obliged to store data for longer periods in accordance with Article 6 (1) sentence 1 lit. c GDPR due to tax and commercial law retention and documentation obligations (from the German Commercial Code (HGB), the German Criminal Code (StGB) or the German Fiscal Code (AO)), we have an overriding legitimate interest in storage beyond this period, or you have consented to storage beyond this period in accordance with Article 6(1)(a) GDPR, these periods shall apply.

4.5 Transfer of data to third parties
Your personal data will not be passed on to third parties other than those listed below for the purposes listed. For the purpose of responding to inquiries from prospective tenants, providing information about the property, and arranging and conducting viewings, we reserve the right to forward the information you provide to a service provider. The data forwarded may only be used by these service providers for the purposes specified.

5. Mediation, initiation, establishment, and execution of the rental or purchase agreement

5.1 Description and scope of data processing

For the purpose of brokering, initiating, establishing, and executing a rental or purchase agreement relating to the real estate property, I/we collect the following data:

•   Title, first name, last name, address

•   Email address, telephone number

•   Number of persons living in the household

•   Income and occupation

•   Information from the housing eligibility certificate, if available/relevant

•    Consumer insolvency proceedings that have been opened and are still pending

•    Account details

•    Amount of rent and operating costs

•    Consumption data and operating costs in accordance with BetrKV and HeizKV, if applicable


5.2 Legal basis for processing
The permissibility of collecting personal data from interested parties during the viewing appointment is regularly based on Art. 6 (1) lit. f) of the General Data Protection Regulation (GDPR). At the latest after the interested parties have declared their intention to rent or purchase a specific property, a pre-contractual obligation arises towards the interested parties, so that Art. 6 para. 1 lit. b) GDPR then applies. Data processing is necessary for the purposes specified in Art. 6 (1) (b) and (f) GDPR and for the mutual fulfillment of obligations arising from the contractual relationship.

5. 3 Duration of storage
The personal data of interested parties will be stored regularly until the expiry of the statutory three-year limitation period (Section 195 of the German Civil Code (BGB)) and deleted upon expiry of this period. If we are obliged to store your data for longer periods in accordance with Article 6(1)(c) GDPR due to tax and commercial law retention and documentation obligations (from the German Commercial Code (HGB), the German Criminal Code (StGB) or the German Fiscal Code (AO)) or if you have consented to further storage in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, these periods shall apply.

5.4 Transfer of data to third parties
We will pass on your personal data to the respective potential contractual partner of the rental or purchase agreement (landlord, seller, tenant, buyer) in accordance with the intended purpose. Otherwise, your data will not be passed on to third parties. The data passed on may only be used by these parties for the purposes stated.

6. Credit check/credit agencies

6.1 Description and scope of data processing

If it's needed to check your credit rating, we'll get credit info about you from a credit agency when we're setting up the contract. To do this and to identify you, we'll send your name, address, and date of birth to the credit agency. The information provided includes assessments and (negative) characteristics relating to creditworthiness and any non-contractual or fraudulent behavior. Furthermore, we will transmit personal data to these credit agencies regarding any non-contractual or fraudulent behavior by tenants or buyers in the context of the initiation and execution of rental/purchase agreements, provided that the conditions for the legality of such a transfer are met2 Legal basis for processing

6.2 Legal basis for processing
The legal basis for these transfers and data collection is Article 6(1)(b) and Article 6(1)(f) of the General Data Protection Regulation (GDPR). transfers and data collection based on Article 6(1)(f) GDPR may only take place if this is necessary to safeguard our legitimate interests or those of third parties and does not outweigh the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data.

6. 3 Duration of storage
In order to fulfill the accountability obligation arising from Art. 5 para. 2 GDPR regarding the provision of information and to prove the legitimate interest to the credit agency, we will retain this information document for a period of 12 months in the event that a request is made to the credit agency for a period of 12 months. In the event of the conclusion of a contract, this document will be included in the contract documents and will then be subject to the relevant statutory retention obligations.

6.4 Transfer of data to third parties
We will pass on your personal data to the respective potential contractual partner of the rental or purchase agreement (landlord, seller, tenant, buyer) and, if the conditions set out in section 1 are met, to the credit agency. Otherwise, your data will not be passed on to third parties. The data passed on may only be used by these parties for the purposes stated.

7. Rights of data subjects

You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR, to obtain information about the data we have processed in accordance with Art. 15 GDPR, to correct your stored data in accordance with Art. 16 GDPR, and to request the deletion of your personal data in accordance with Art. 17 GDPR. You also have the right to restrict processing in accordance with Art. 18 GDPR, to a notification in connection with the correction or deletion of personal data or the restriction of processing in accordance with Art. 18 GDPR, as well as the right to data portability in accordance with Art. 20 GDPR. You can also lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR.

8. Right to object

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, to object to the processing of your personal data if there are reasons for doing so arising from your particular situation. If you wish to exercise your right to object, please contact the controller at the address given above.