With the following information, we would like to provide you with an overview of how we process your personal data and your rights under the General Data Protection Regulation (Regulation (EU) 2016/679 - "GDPR").

This Privacy Policy applies to personal data of (i) persons with whom we enter into contractual or business relationships, as well as of (ii) e.g. shareholders, governing bodies, managing directors, key account managers or other employees of our contractual or business partners, which we process in the context of existing or prospective contractual and business relationships. This includes in particular:

• Tenants (including prospective tenants);
• Buyers and sellers (including prospective buyers and sellers);
• existing or potential suppliers, service providers or consultants;
• existing or potential cooperation partners or other partner companies;
• existing or potential investors and investors;
• Press company;
• affiliated companies.

 

1 Becken Holding Responsible and Data Protection Officer
GmbH, Esplanade 41, 20354 Hamburg, Germany, is responsible for the data processing presented in this privacy statement.
You can reach our data protection officer at datenschutzbeauftragter@becken.de.

2 Personal data concerned and their origin
We primarily process personal data that the data subjects themselves provide to us in the context of contractual and business relationships (such as prospective tenants or buyers) or that we receive from the respective contractual and business partners, for example in the context of processing an inquiry. Furthermore, we may also receive your data from one of our affiliated companies, in particular Becken Development GmbH and Becken Asset Management GmbH. In addition, we process personal data that we collect from publicly accessible sources (such as trade and association registers, the press, the Internet) or receive from third parties (e.g. credit agencies, brokers and other intermediaries). We will refer separately to any collection of personal data from third-party sources.

Relevant personal data are in particular personal details (such as surname, first name, address, bank details, billing address, tax number/USt-Id.) and other contact data (such as telephone number, e-mail address). In addition, this may also include contract or order data (e.g. sales data, volumes, planned quantities, data on the respective rental or purchase object), data from the fulfillment of our contractual obligations, information on your financial situation (e.g. creditworthiness data), data on your personal situation (e.g. business interests, profession, industry, marital status) and other data comparable with the aforementioned categories.

The scope of the data processed for a person varies depending on the function in which he or she appears to us, such as the position he or she holds with the respective business partner.

3 Legal bases and purposes of processing
We process personal data for the following purposes on the basis of the following legal bases:

3.1 In individual cases, we process data because you have expressly consented to this (Art. 6 para. 1 lit. a DSGVO), for example in the receipt of advertising by electronic mail and/or telephone;

3.2 The processing is carried out for the execution of contracts concluded with you or the respective companies or for the execution of pre-contractual measures (Art. 6 para. 1 lit. b DSGVO); this includes in particular:
rental contracts (e.g. Processing of rental inquiries, screening of prospective tenants, preparation and conclusion of contract documents, billing and processing of rental payments, billing of operating costs, apartment management/building management, labeling of mailboxes, bell signs and parking spaces, issuing and documentation of keys, transponders, etc., processing of repair orders and similar matters, dispatch of information letters, operation of access and monitoring systems);

• Purchase agreements (e.g. processing of purchase and sales inquiries, including forwarding them to the respective project company or financing partner, if applicable, viewing of purchase and sales objects, authentication of contractual partners, preparation and conclusion of contractual documents, execution of purchases and sales, settlement and processing of purchase price payments, financing planning);
  
• Brokerage and other intermediary contracts (e.g., processing and reviewing brokerage offers; authenticating contract partners, preparing and concluding contract documents, processing commission payments; sending information letters);
  
• Investment, construction financing and other cooperation contracts (e.g. processing and review of relevant offers; authentication of contractual partners, preparation and conclusion of contractual documents, financing planning, processing of payments; sending of information letters);
  
• Service and work contracts as well as other contractual relationships (e.g. processing and viewing of corresponding offers and inquiries; authentication of contractual partners, preparation and conclusion of contractual documents, processing of payments; sending of information letters);
  

3.3 Due to legal requirements (Art. 6 para. 1 lit. c DSGVO): for example, to fulfill tax and other legal control and reporting obligations, as well as audits by tax or other authorities and to comply with legal retention periods;

3.4 In addition, we process your data to protect our legitimate interests or those of third parties (Art. 6 para. 1 lit. f DSGVO); namely for the following purposes:

• Carrying out optimal contact support and relationship, also regarding the employees of our business partners;
  
• Optimization of our business processes, e.g. by maintaining a supplier or prospective buyer database, also within the framework of a "Customer Relationship Management System";
  
• Centralization or outsourcing of corporate functions;
  
• Mitigation of default risks in our business processes by consulting credit agencies (such as Creditreform, Bürgel) and determining score values (profiling), which help us to assess the likelihood of contractual partners meeting their payment obligations in accordance with the contract on the basis of a recognized mathematical-statistical procedure;
  
• Assertion and defense of legal claims;
  
• Measures to ensure operational, building and plant safety and business management;
  
• Cooperation with press companies;
  
• Market research purposes.

4 Disclosure of personal data
Under certain circumstances (beyond the cases already mentioned above), your personal data will be disclosed for the purposes mentioned above; in detail:

4.1 If it is necessary for the clarification or prosecution of illegal or abusive incidents, personal data will be forwarded to our legal advisors, the law enforcement authorities and, if applicable, to injured third parties. However, this only happens if there are concrete indications of unlawful or abusive behavior. Data may also be passed on if this serves to enforce contractual provisions between us and our contractual and business partners.

4.2 We are also legally obligated to provide information to certain public authorities upon request. These are law enforcement agencies, authorities that prosecute administrative offenses subject to fines and the tax authorities.

4.3 If it is necessary for the processing of your inquiry or the conclusion or implementation of a contractual or business relationship with you, as well as in the case of centralized or outsourced corporate functions, your data may be passed on to companies affiliated with us for the fulfillment of the above-mentioned purposes.

4.4 Occasionally, in order to fulfill the purposes described in this Privacy Policy or to provide our services, we rely on contractually affiliated third-party companies or other cooperation partners and external service providers that may be located outside the EU or EEA, such as brokers, logistics companies, IT service providers, business consultants and financial institutions. In such cases, information is passed on to these companies or individuals to enable them to continue processing. Insofar as these are entities outside the EU or the EEA, we ensure an appropriate level of data protection, for example, by concluding corresponding contracts or certifications of the respective data-receiving entity.

4.5 As part of the further development of our business, the structure of our company may change by changing its legal form, establishing, buying or selling subsidiaries, parts of companies or components. In such transactions, customer information will be transferred along with the part of the company being transferred. In any transfer of personal information to third parties to the extent described above, we will ensure that this is done in accordance with this Privacy Policy and the relevant data protection laws.

5 Duration of processing
We process and store your personal data as long as this is necessary for the fulfillment of the above-mentioned purposes and legal obligations: We generally retain master data and contact data indefinitely or until the final termination of the respective business relationship. We delete transaction-related information (e.g. relating to a specific contractual or order relationship) after the end of the respective transaction, e.g. end of a rental relationship, with a period of three years after the end of the respective calendar year, unless these are subject to statutory retention obligations (e.g. the six- or ten-year retention period pursuant to Section 257 of the German Commercial Code and Section 147 of the German Fiscal Code); in such a case, the data concerned is blocked for any further processing.

6 Right to information / other data subject rights (Art. 15 to 22 DSGVO)
You have the right to obtain information about the data stored about you at any time. Upon presentation of the respective requirements, you may also be entitled to the following rights:

• Right to rectification: You have a right to have inaccurate personal data concerning you corrected.
  
• Right to erasure: In addition, you may request the erasure of your personal data, for example if your data is no longer necessary for the purposes for which it was collected or otherwise processed.
  
• Right to restriction of processing: You also have the right to request the restriction of processing of your personal data; in such a case, the data will be blocked for any processing. This right exists in particular if the accuracy of the personal data is disputed between you and us.
  
• Right to data portability: If we process your personal data to fulfill a contract with you or on the basis of your consent, you also have the right to receive your personal data in a structured, common and machine-readable format, if and to the extent that you have provided us with the data.
  
• Right to revoke consent: If you have given us consent to process your personal data, you may revoke this consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
  

In addition, you may object to data processing for reasons arising from your particular situation. However, this only applies in cases where we are processing data to fulfill a legitimate interest of Becken Holding GmbH or a third party. If you can present such a reason and we cannot assert a compelling interest worthy of protection in the further processing, we will not further process this data for the respective purpose.

If you wish to obtain information about the data stored about you, enforce your other rights or have questions about data protection with us, you can contact us using the above contact details. When exercising your rights pursuant to Art. 15 to 22 DSGVO, we process your submitted personal data for the purpose of implementing these rights and to be able to provide evidence thereof. These processing operations are based on the legal basis of Art. 6 para. 1 p. 1 lit. c DSGVO in conjunction with. Art. 15 to 22 DSGVO and § 34 para. 2 BDSG. After a final response to your inquiry, we delete your inquiry with a period of three years after the end of the respective calendar year.

You also have the right to complain at any time to a supervisory authority, in particular to a supervisory authority in the Member State where you are staying, at your place of work or at the place where the alleged infringement occurred, if you consider that the processing of your personal data is in breach of data protection rules.

7 Changes to this privacy policy
The current version of this privacy policy is always available at https://www.becken-hamburg.de/datenschutz-gp.

Status: January 6, 2023

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