With the following information, we would like to give you an overview of the processing of your personal data by us 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 (ii) e.g. shareholders, executive 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 Controller and data protection officer
Becken Holding GmbH, Esplanade 41, 20354 Hamburg, Germany, is responsible for the data processing described in this privacy policy.
You can contact our data protection officer at datenschutzbeauftragter@becken.de.

2 Personal data concerned and its 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. We may also receive your data from one of our affiliated companies, in particular Becken Development GmbH and Becken Asset Management GmbH. We also process personal data that we collect from publicly accessible sources (e.g. commercial and association registers, press, internet) or receive from third parties (e.g. credit agencies, brokers and other intermediaries). We will make separate reference to the collection of personal data from third-party sources.

Relevant personal data includes in particular personal details (e.g. surname, first name, address, bank details, billing address, tax number/USt ID) and other contact details (e.g. 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 about your financial situation (e.g. creditworthiness data), data on your personal situation (e.g. business interests, profession, industry, marital status) and other data comparable to the categories mentioned.

The scope of the data processed about 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 GDPR), for example in the receipt of advertising by electronic mail and/or telephone;

3.2 The processing is carried out for the performance of contracts concluded with you or the respective companies or for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b GDPR); this includes in particular:
rental contracts (e.g. processing of rental inquiries, viewing of prospective tenants, preparation and conclusion of contractual documents, billing and processing of rental payments, operating cost accounting, apartment management/building management, letterboxes, doorbell signs and parking spaces, issuing and documentation of keys, transponders, etc., processing of repair orders and similar matters, sending information letters, operation of access and surveillance systems);

• Purchase contracts (e.g. processing purchase and sales inquiries, including forwarding them to the respective project company or financing partner if necessary, viewing purchase and sales properties, authentication of contractual partners, preparation and conclusion of contractual documents, execution of purchases and sales, invoicing and processing of purchase price payments, financing planning);
  
• Brokerage and other brokerage contracts (e.g. processing and viewing of brokerage offers; authentication of contractual partners, preparation and conclusion of contractual documents, processing of commission payments; sending of information letters);
  
• Investment, construction financing and other cooperation agreements (e.g. processing and viewing of corresponding offers; authentication of contractual partners, preparation and conclusion of contractual documents, financing planning, processing of payments; sending of information letters);
  
• Service and work contracts and 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 GDPR): 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 We also process your data to protect our legitimate interests or those of third parties (Art. 6 para. 1 lit. f GDPR); in particular for the following purposes:

• Implementation of optimal contact support and relationships, also with regard to the employees of our business partners;
  
• Optimization of our business processes, e.g. by maintaining a supplier or prospective buyer database, also as part of a customer relationship management system;
  
• Centralization or outsourcing of corporate functions;
  
• Reducing default risks in our business processes by consulting credit agencies (e.g. Creditreform, Bürgel) and determining score values (profiling), which help us to assess the probability 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 for business management;
  
• Cooperation with press companies;
  
• Market research purposes.

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

4.1 If it is necessary to clarify or prosecute illegal or abusive incidents, personal data will be forwarded to our legal advisors, the law enforcement authorities and, if necessary, 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 regulations between us and our contractual and business partners.

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

4.3 If it is necessary for the processing of your request or the conclusion or execution 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 may rely on contractually affiliated third-party companies or other cooperation partners and external service providers based outside the EU or the 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 further 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 with the respective data controller.

4.5 As part of the further development of our business, the structure of our company may change by changing its legal form, founding, buying or selling subsidiaries, parts of the company or components. In such transactions, customer information is passed on together with the part of the company to be transferred. Whenever personal data is passed on to third parties to the extent described above, we ensure that this is done in accordance with this data protection declaration and the relevant data protection laws.

5 Processing duration
We process and store your personal data for as long as this is necessary to fulfill the above-mentioned purposes and legal obligations: We generally retain master 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 tenancy, with a period of three years after the end of the respective calendar year, unless it is 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 will be blocked for any further processing.

6 Right to information / other rights of data subjects (Art. 15 to 22 GDPR)
You have the right to obtain information about the personal data stored about you at any time. If the relevant requirements are met, you may also be entitled to the following rights:

• Right to rectification: You have the right to have incorrect personal data concerning you rectified.
  
• Right to erasure: You can also request the erasure of your personal data, for example if your data is no longer required 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 the 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, commonly used and machine-readable format, if and to the extent that you have provided us with the data.
  
• Right to withdraw consent: If you have given us your consent to process your personal data, you can withdraw this at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
  

In addition, you can object to data processing for reasons arising from your particular situation. However, this only applies in cases in which we process 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 further processing, we will no longer process this data for the respective purpose.

If you would like information about the data stored about you, would like to assert your other rights or have questions about data protection with us, you can contact us using the contact details above. When exercising your rights in accordance with Art. 15 to 22 GDPR, we process the personal data you provide for the purpose of implementing these rights and to be able to provide proof of this. This processing is based on the legal basis of Art. 6 para. 1 sentence 1 lit. c GDPR in conjunction with Art. 15 to 22 GDPR and § 34 para. 2 BDSG. After finally answering your request, we will delete your request after a period of three years after the end of the respective calendar year.

You also have the right to lodge a complaint with a supervisory authority at any time, in particular with a supervisory authority in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes data protection regulations.

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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