Data protection tenants and prospective tenants
Information of ROBERT VOGEL GmbH & Co Kommanditgesellschaft on data protection for tenants and prospective tenants.
With this data protection notice, we inform you about our handling of your personal data when you are interested in or rent our rental premises and about your rights under the European Data Protection Regulation (GDPR/GDPR).
Contact details of the responsible person and data protection officer:
If you have any questions or suggestions regarding this information, or if you would like to contact us about asserting your rights, please direct your inquiry to the person responsible at:
ROBERT VOGEL GmbH & Co Kommanditgesellschaft
Warburgstraße 50
20354 Hamburg
Phone: +49 40 35 55 10
Fax: +49 40 34 44 23
E-Mail: kontakt@robertvogel.de
Web: robertvogel.de
You can reach our data protection officer via the following contact details:
datenschutz@robertvogel.de
Data categories, purpose and legal basis of processing
Prospective tenants
In order to arrange a viewing appointment, name and contact details are processed. The legal basis for the processing is Art. 6 (1) f) GDPR and the processing serves our legitimate interest to contact you. If a prospective tenant declares that he/she wishes to rent an offered apartment, further data will be collected. This includes, for example, information on professional activity, employer and information on household size. This is done for the purpose of deciding which prospective tenants come into question for the rental of rental premises. If a tenancy agreement is subsequently to be concluded, further data is collected in order to conclude the agreement. The legal basis for this processing is in each case Art. 6 (1) b) GDPR and the processing is necessary to initiate the rental relationship. In order to obtain proof of the creditworthiness of the future tenants and this proof could not already be sufficiently provided in another form, a SCHUFA credit report for landlords is obtained via SCHUFA Holding AG. The legal basis for this processing is Art. 6 (1) f) GDPR.
Tenant
The processing of your personal master data, contract data and payment data is regularly required for the establishment and implementation of the lease. In addition to the data of the above-mentioned data categories, this includes in particular payment data, documentation data, data from consulting and service discussions and comparable data. The legal basis for this processing is Art. 6 (1) b) GDPR. In order to implement the tenancy and look after the property, we may commission tradesmen, janitors and other service providers. In order to provide tenants with regular information on their heating cost behavior in accordance with the Heating Costs Ordinance, we reserve the right to transmit their contact data as well as their e-mail address to the billing companies commissioned by us. The transmission of your data necessary for this serves our legitimate interest in a smooth implementation of the tenancy relationship as well as the resource-saving fulfillment of our legal obligations towards our tenants and is based on the legal basis of Art. 6 para. 1 letter f) GDPR.
Further data processing will only take place with your consent pursuant to Art. 6 (1) a) GDPR or on the basis of Art. 6 (1) c) GDPR. c) GDPR, insofar as this is necessary for the fulfillment of legal obligations to which we are subject as a company. These processing purposes include, for example, retention obligations under commercial and tax law pursuant to Section 257 of the German Commercial Code (HGB) and Section 147 of the German Fiscal Code (AO).
Recipients of the data or categories of recipients
Within our company, access to your data is only granted to those departments that need it to fulfill contractual and legal obligations.
Processors used by us (Art. 28 GDPR) may also receive data for these purposes. Processors only process data according to our instructions and may not use it for their own purposes. We work with the following categories of processors:
- IT service provider for operation, administration, hosting, maintenance of IT systems, servers and the website,
- Hardware maintenance (copiers, printers),
- Document destruction,
- Operation of the telephone system,
- Meter reading and billing service,
- Water and energy supply,
- Janitorial and cleaning service,
- Project management.
In the context of the tenancy relationship, the data may also be passed on to the following recipients: Heating cost billing service providers, contracted craftsmen, banks, tax advisors/auditors or the tax authorities.
Data transfer to third countries
Our data processing operations may involve the transfer of certain personal data to third countries, i.e. countries where the GDPR is not applicable law. Such a transfer takes place in a permissible manner if the European Commission has determined that an adequate level of data protection is required in such a third country. If such an adequacy decision by the European Commission does not exist, a transfer of personal data to a third country will only take place if appropriate safeguards exist pursuant to Art. 46 GDPR or if one of the conditions of Art. 49 GDPR is met.
Unless otherwise stated below, we use the EU standard data protection clauses as appropriate safeguards for the transfer of personal data in third countries. You have the possibility to receive a copy of these EU standard data protection clauses or to inspect them. To do so, please contact us at the address given under Contact.
If you consent to the transfer of personal data to third countries, the transfer will take place on the legal basis of Article 49 (1) a GDPR.
Duration of storage and criteria for determining the storage period
Prospective tenants
We process and store the personal data collected about prospective tenants until a contract has been concluded in the respective advertisement and there are no longer any statutory retention obligations.
Tenant
Your personal data will be stored for the duration of the lease. In addition, the personal data collected will be stored if there is a legal obligation to do so. Corresponding documentation and storage obligations arise from the German Civil Code, the German Commercial Code and the German Fiscal Code. The retention and documentation periods specified there are six years in accordance with commercial law requirements under Section 257 of the German Commercial Code (HGB) and up to ten years based on tax requirements under Section 147 of the German Fiscal Code (AO). In all other respects, the statutory limitation period of three years applies in accordance with sections 195 and 199 of the German Civil Code (BGB).
Your rights
As a data subject, you have the right to assert your data subject rights against us. In particular, you have the following rights:
- In accordance with Art. 15 GDPR, you have the right to request information about whether and, if so, to what extent we are processing personal data relating to you or not.
- You have the right to demand that we correct your data in accordance with Art. 16 GDPR.
- You have the right to request that we delete your personal data in accordance with Art. 17 GDPR.
- You have the right to have the processing of your personal data restricted in accordance with Art. 18 GDPR.
- You have the right, in accordance with Art. 20 GDPR, to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and to transfer this data to another controller.
- If you have given us separate consent to data processing, you may revoke this consent at any time in accordance with Art. 7 (3) GDPR. Such a revocation does not affect the lawfulness of the processing that was carried out on the basis of the consent until the revocation.
- If you believe that a processing of personal data concerning you violates the provisions of the GDPR, you have the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR.
Right of objection
In accordance with Art. 21 (1) GDPR, you have the right to object to processing based on the legal basis of Art. 6 (1) e) or f) GDPR on grounds relating to your particular situation. If we process personal data about you for the purpose of direct marketing, you may object to this processing in accordance with Art. 21 (2) and (3) GDPR.