Better Living through Data

DATA PRIVACY

 

This website is an online service provided by allmyhomes GmbH, represented by the Managing Directors, Dr. Martin Enderle, Florian Frey and Lutz Grimm, Schreiberhauer Straße 30, 10317 Berlin, e-mail: info@allmyhomes.com (“allmyhomes” or “we”). For the processing of your personal data in relation to the use of this website, we are the controller within the meaning of Art. 14 Para. 7 of Regulation (EU) 2016/679 (General Data Protection Regulation – “GDPR”).

1. Which sources and data do we use?


1.1 Visiting the website

When you visit the website, our server automatically stores the following data in logfiles: browser type and version; operating system; internet service provider; IP address; date and time of the access; website from which the access occurs (“referrer URL”); the web pages that you visit on our website. We process these data in order to ensure the functionality of our website, optimise our website, and document your activities on our website (e.g. confirmation of a booking) in a legally compliant and traceable manner, and to ensure the stability and security of our systems. Our legitimate interest in data processing is for these purposes; the legal basis is Art. 6 Para. 1 point f GDPR. After the end of the respective browser session, the logfiles are deleted no later than after seven days, unless their continued storage is necessary for the aforementioned purposes. By using our website, you are also giving your consent to the use of cookies, which we use for analysing the use of our website, personalising your surfing experience and presenting you with interesting information (creation of user profiles). You can find more detailed information about the cookies used, as well as options for deactivating them, in Section 5 below.

1.2 Use of the services on our website

Furthermore, we process personal data, which we receive from you as part of our business relationship. The legal basis is Art. 6 Para. 1 sentence 1 point b GDPR.

 

We process, e.g. the personal data, which you voluntarily provide to us on our website: when subscribing to our newsletter (refer to Section 3.1), when making enquiries via e-mail or via our contact forms (e.g. to arrange an advisory appointment) and when sending your application documents via our online form (refer to Section 4). We process all of these data exclusively for a designated purpose or in accordance with the applicable data protection law.

2. For what do we process your data (purpose of the processing) and on what legal basis?

We process legal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG):

2.1 For the fulfilment of contractual duties (Article 6 Para. 1 point b GDPR)


The processing of personal data (Art. 4 No. 2 GDPR) occurs for delivering the services offered on our website, for processing the real estate agency contracts, marketer contracts or other contracts concluded with you for initiating a property purchase, for the settlement of accounts, implementation of pre-contractual measures and for replying to your enquiries in relation to our business relationship.

 

The further details about the purpose of data processing can be found in the respective contract documentation and the general terms and conditions.

2.2 Within the scope of the weighing-up of interests (Article 6 point f GDPR)

Where necessary, we process your data over and above the actual fulfilment of the contract, in order to preserve our legitimate interests or those of third parties, such as in the following cases:

  • Answering your enquiries outside of a contract or pre-contractual measures (e.g. via e-mail or using the contact form on the website);

  • Advertising or market and opinion research, insofar as you have not objected to the use of your data;

  • Operation and optimisation of the website;

  • Use of cookies in accordance with Section 5;
  • 
Assertion of legal claims and defence in the case of legal disputes;
Guaranteeing our IT security and our IT operations; 

  • Prevention and investigation of criminal offences.

2.3 On the basis of your consent (Article 6 Para. 1 point a GDPR)


Insofar as you have granted us consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent.

 

Once granted, consent may be withdrawn at any time. Please note that the withdrawal only takes effect for the future. Processing, which has occurred prior to the withdrawal, is not affected by this.

2.4 Within the scope of legal obligations (Article 6 Para. 1 point c GDPR)

We are also subject to various statutory duties, i.e. legal obligations. Processing purposes include, inter alia, the fulfilment of retention periods stipulated under the German Commercial and Fiscal Codes.

3. Direct marketing


3.1 Marketing via e-mail, telephone or SMS

If you have granted us your consent, we will inform you on a regular basis via e-mail, telephone or SMS, about allmyhomes, new allmyhomes offers and building projects, which we market for various property developers. For this purpose, we will use your name, your e-mail address and your telephone number. The legal basis for data processing is Art. 6 Para. 1 sentence 1 point a GDPR. You can revoke your consent at any time, e.g. by using the link at the end of each e-mail or by sending an e-mail to datenschutz@allmyhomes.com. The lawfulness of the processing, which has occurred prior to your withdrawal remains unaffected by this.

The following special aspects apply to e-mail advertising (newsletter):

The dispatch of our newsletter by e-mail only occurs with your prior express consent according to the double-opt-in principle. After subscribing to the newsletter on our website, you will receive an e-mail, in which you are requested to confirm your newsletter subscription. This ensures that no third party has misused your data.

 

If you withdraw your consent, your e-mail address will be deleted from our newsletter distribution list and added to a blocking list. The lawfulness of the processing, which has occurred prior to your withdrawal, remains unaffected by this.

 

Newsletter tracking

As part of the subscription to the newsletter, we will also obtain your consent to newsletter tracking for the purpose of personalised advertising and market research by allmyhomes. Using tracking pixels and/or web beacons and links, which are each linked to an individual ID, we collect the following personal tracking information in relation to the use of your newsletter:

  • Opening the newsletter, clicking on the links contained in them, sending a form on our website after clicking on a link contained in a newsletter (in addition to the time of these activities)
  • 
Type of end device used, if you retrieve images in the newsletter or click on links

  • Behaviour on our website, if you open these via a link in our newsletter (in addition to the time of these activities)
  • Location of the retrieval, if you retrieve images in the newsletter or click on links (by allocating your IP address, which we do not store however)

We store these data about your user profile, which is collated with the data entered with your subscription to the newsletter. We use these data to analyse and optimise our e-mail marketing, as well as for the purposes of personalised advertising and market research. This way, we can provide you with personal product, service and offer information of particular interest to you within the context of our newsletter.

 

You can withdraw your consent to this data processing at any time, by cancelling the newsletter. Deactivation of newsletter tracking is (currently) not technically possible. We will delete the tracking data, if you cancel our newsletter. Data, which have been stored by us for other purposes remain unaffected by this.

 

Dispatch and evaluation by MailChimp

For the dispatch and evaluation of the e-mails, we use MailChimp, a service provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (“MailChimp”).

 

The data processed for dispatch and analysis of the e-mails are stored on servers of MailChimp in the USA. The sending of your information to a third country outside of the EU is covered by an adequacy decision of the Commission within the meaning of Art. 45 GDPR, as MailChimp has subscribed to the EU-U.S. Privacy Shield (https://www.privacyshield.gov/EU-US-Framework). MailChimp will act on our behalf as a processor within the meaning of Art. 28 GDPR and we have concluded a relevant commissioned data processing agreement with MailChimp. If you cancel our newsletter, your data (including the tracking data) will also be deleted from MailChimp’s servers.

 

You can obtain more detailed information in the privacy policy of MailChimp (https://mailchimp.com/legal/privacy/).

3.2 Advertising for existing customers



If you have already used paid (real estate agency) services provided by allmyhomes, we can inform you from time-to-time via e-mail or letter about similar services of allmyhomes (particularly new building projects, which we are marketing as a real estate agent for various building developers), if you have not objected to this.

 

The legal basis for data processing is Art. 6 Para. 1 point f GDPR. Our legitimate interest lies in direct advertising (Recital 47 GDPR).

 

You may at any time object to the use of your e-mail address and postal address for advertising purposes, without incurring additional costs, for example, via the link at the end of every e-mail or via e-mail to datenschutz@allmyhomes.com.

4. Online job applications (Personio)


If you use the online job application form on our website, we will collect the data you have entered. These are your contact details (form of address, first name, surname, e-mail address), data about your possible employment with us (expected salary, termination notice period, earliest joining date), data contained in your e-mail message, CV, letters and references, which you provide. Mandatory disclosures are marked as such.

 

We process these application data exclusively for the purpose of the recruiting process. The legal basis for data processing is Section 26 Para. 1 sentence 1 BDSG, provided that the data processing is required for the decision about establishing an employment relationship. These data are marked as mandatory information in our online application form. If you send data over and above this, which are not strictly required for the application, the processing of these voluntary data is based on your consent; the legal basis is then Section 26 Para. 2 BDSG and/or Section 26 Para. 3 BDSG (if this concerns particular categories of personal data within the meaning of Art. 9 Para. 1 GDPR).

 

Please note that after sending your application, changes to your job applicant data and documents can only be made by us. Even if you change your data in your job applicant profile, we will continue to work with the data sent to us, and we will not compare the up-to-dateness of the job applicant data and your data in the job applicant profile.

 

4.1 Who receives my data?

We collect and process the data as part of the recruiting process using the personnel management and job applicant management software of Personio GmbH, Buttermelcherstraße 16, 80469 Munich (“Personio”). Personio will act on our behalf as a processor within the meaning of Art. 28 GDPR and we have concluded a corresponding contract with Personio. We are the controller within the meaning of Art. 4 No. 7 GDPR.

 

After entering your data into the online application form on our website and submitting the form, the entered data are transferred via TLS encryption and stored in the database of Personio. Personio exclusively stores the data on ISO-certified servers in Germany. If you send an unsolicited application to allmyhomes directly via e-mail, the encryption depends on your e-mail service provider.

 

At allmyhomes, only those persons and departments receive access to your data, who prepare the hiring decision for us (Human Resources department, relevant decision-makers on a case-by-case basis) or who are involved by law in the hiring process (e.g. works council). In addition to this, only the administrators have access to the data, for maintaining the system and ensuring data security. We treat your data with strict confidentiality and will only disclose it to third parties if dictated by statutory provisions (Art. 6 Para. 1 point c GDPR) or if you have issued your special consent (Art. 6 Para. 1 point a GDPR).

4.2 For how long will my data be stored?

During the recruiting process, your data will be stored by Personio and possibly also by allmyhomes.

 

The data will be deleted as soon as knowledge of the data is no longer required for the recruiting process. Accordingly, your data and your personal job applicant profile will be deleted by Personio and – if stored there – by allmyhomes, six months after the completion of the recruiting process (i.e. after final filling of the position or other such ending of the job application procedure). The following exceptions exist here:

 

For statistical purposes, some of your data will be anonymised, so that it can no longer be personally attributed to you. Therefore, the anonymous data are no longer subject to the protection of the GDPR; we will store and use the data for statistical purposes and will not disclose it to third parties.

 

The data will not be erased if you have consented separately to its continued storage (Art. 6 Para. 1 point a GDPR). We ask job applicants, who cannot be hired immediately at the time of the application, but who, in principle, have an interesting job profile, via e-mail whether we can also store the data after the completion of the job application process. We will only store these data for another 24 months after your written consent is given via e-mail. If you have consented to your data being considered for the filling of additional positions, your data will automatically be deleted one year later. You can withdraw your consent to continued storage of your data at any time; we will then erase your data accordingly.

 

Your data will not be erased, if you have separately consented to the continued storage of your data for consideration for future job offers by allmyhomes.

 

If we conclude an employment relationship with you after going through the recruiting process, the data will be transferred to the personnel management system and processed there. The data stored by Personio will be anonymised at our instruction.

 

The general principles for the storage of your data otherwise apply (Section 8).

 

If you want your data to be erased, please contact datenschutz@allmyhomes.com or send a letter to our postal address.

4.3 Consent to processing voluntarily disclosed data


By clicking on the checkbox stating, “I consent to the processing of my data in accordance with the privacy policy. I can withdraw my consent at any time.” or issuing consent via e-mail, you expressly consent to allmyhomes and Personio collecting and processing the mandatory information, which you have additionally sent, particularly including that within the meaning of Art. 9 Para. 1 GDPR, for the purpose of the recruiting process in accordance with this privacy policy. The legal basis is Section 26 Para. 2 and 3 BDSG [German Data Protection Act].

 

You can withdraw your consent at any time with effect for the future; the lawfulness of the data processing, which has occurred on the basis of the consent until withdrawal remains unaffected by this. To do this, please send an e-mail to datenschutz@allmyhomes.com.

 

Please note that your additional voluntary data will also be stored and processed after the withdrawal of your consent, possibly until the completion of the recruiting process, if this is necessary for proper implementation of the recruiting process.

5. Cookies

We use cookies on our website, which exclusively collect your data by using pseudonyms. Cookies are small text files, which a website generates and which your internet browser stores on your hard disk when visiting the website. You can prevent the use of cookies at any time, by setting your internet browser such that it does not accept any new cookies or informs you about new cookies. You can also delete cookies that are already stored in the settings of your internet browser. You can obtain assistance with changing your cookie settings, e.g. in the help function of your internet browser. You can find additional information about this, as well as cookies in general, e.g. under http://www.youronlinechoices.com/de/ and http://www.allaboutcookies.org/ge/. Please note that it is not possible for you to use some of the functions of our website, if you do not accept any cookies.

We use technically necessary cookies, web analysis cookies and tracking cookies on our website for advertising purposes:

5.1 Technically necessary cookies

Most of the cookies that we use are technically necessary, in order to facilitate the use of our website and the services offered on it (e.g. secure login, interim storage of your data you enter into forms during the course of registration, or for the execution of other activities on our website) (“session cookies”). Our legitimate interest in data processing is for these purposes; the legal basis is Art. 6 Para. 1 point f GDPR. The data will not be combined with other personal data and will not be used for advertising purposes. Session cookies are deleted after the end of the respective browser session, but in any case no later than seven days.

5.2 Web analysis cookies (Google Analytics)

We also use cookies for the creation of pseudonymous user profiles for the purpose of web analysis. These cookies enable us to identify returning users (device owners), analyse their behaviour on our website, optimise our website and measure its range. The legal basis for the data processing is your consent (Art. 6 Para. 1 point a GDPR), which you grant to us by using our website. If you establish contact with by us using the contact form on the website or – insofar as possible – register as a user, we will combine your entered data with the user profile in our internal database, in order to offer you the best possible service. You can withdraw your consent to this combining of the data at any time via e-mail to datenschutz@allmyhomes.com. If you do not enter any personal data when visiting our website, the user profiles will remain anonymous. We do not combine data with other personal data and we also do not use it for addressing individual users for advertising purposes in a targeted manner. The web analysis cookies will be deleted after 24 months at the latest, or at any time you withdraw your consent before this time limit has ended. Google Analytics.

Google Analytics

For the purpose of web analysis, we use the web analysis service of Google Analytics, which is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

 

Google Analytics uses cookies, which are saved on your computer in order to analyse your usage of the website. As a rule, the information generated by the cookie concerning your use of the website (browser type/version, operating system used, referrer URL, host name of the accessing computer (IP address), date and time of the server enquiry) is transferred to a Google server in the USA and stored there. We point out that on this website, Google Analytics has been supplemented with the “anonymizeIp()” code, in order to guarantee the anonymised capture of IP addresses (known as IP masking). Therefore, your IP address will first have the last octet removed by Google within Member States of the European Union or in other Contracting States of the Treaty on the European Economic Area. The full IP address will only be transferred to a Google server in the USA and truncated there in exceptional cases. The sending of your information to a third country outside of the EU is covered by an adequacy decision of the Commission (C/2016/4176 dated 12 July 2016 – http://data.europa.eu/eli/dec_impl/2016/1250/oj) within the meaning of Art. 45 GDPR, as Google has undertaken to comply with the EU-U.S.-Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).

 

On behalf of allmyhomes, Google, as a processor within the meaning of Art. 28 GDPR, will use this information to analyse your use of the website, to produce reports concerning website activities and to produce additional services associated with the use of the website and internet for the website operator. The IP address sent by your browser within the context of Google Analytics will not be combined with other data of Google.

 

You can prevent the cookies from being stored by means of an appropriate setting in your browser software; however, we must point out that in this case not all functions of the website will be available to you in their full capacity.

 

Furthermore, you can prevent the storage of data generated by the cookie and related to your use of the website (incl. your IP address) to Google and the processing of these data by Google for all websites, by downloading and installing the available browser plugin from https://tools.google.com/dlpage/gaoptout?hl=de.

 

Particularly with browsers on end devices, you can also prevent the capture and processing of your data by Google Analytics by clicking here. An opt-out cookie will be set, which prevents the future storage of your data by Google Analytics when visiting this website. Please note that this opt-out cookie is only valid for this browser and for this website and will be deleted, if you delete all of the cookies in your browser.

You can find more detailed information about terms and conditions of use and data privacy of Google Analytics at https://www.google.com/analytics/terms/de.html and https://support.google.com/analytics/answer/6004245?hl=de.

Google Optimize

We also use the Google Optimize tool, integrated into Google Analytics, in order to conduct experiments (A/B tests, multivariate and forwarding tests) on our website. Google Optimize analyses the use of different variants of our website and helps us to improve the user friendliness in accordance with the behaviour of our website users. Google Optimize is a tool that is integrated into Google Analytics.

Unbounce, Instapage

For the hosting of landing pages and the web analysis on these pages, we also use Unbounce and Instapage as described in Section 6 below.

5.3 Tracking cookies for advertising purposes

We also use tracking cookies for the purpose of use-based online advertising. These tracking cookies store your behaviour on our website (IP address; User ID; date and time; title and URL of the visited site; referrer URL; resolution of your screen; time in your time zone; opened and downloaded files; links to other websites that are clicked on; time required for page display; town, from which you visit the website; language settings, name and version of your browser) in pseudonymous user profiles. We use these data to display advertising on our website and the websites of third parties, which are part of our advertising network, to you in a way that best corresponds to your interests. If you have subscribed to our newsletter, establish contact with us via the website or – insofar as possible – register as a user, we combine the entered data with your user profile in our internal database. We can use this data to offer you the best possible service and particularly also for advertising purposes, i.e. to send you personal product, service and offer information in our newsletter, which are of particular interest to you. You can benefit from this, as being addressed in a targeted manner will mean that you will overall encounter less advertising that is not based on your interests. You can withdraw your consent to this combining of the data at any time by sending an e-mail to datenschutz@allmyhomes.com. If you do not enter any personal data when visiting our website, your user data will only be stored in pseudonymous user profiles.

 

You grant your consent to this tracking for advertising purposes on our website by using our website. You will be expressly informed about this by our cookie banner at the beginning of your visit to our website.

 

The legal basis for data processing is Art. 6 Para. 1 point a GDPR. You can withdraw your consent at any time by clicking here. The lawfulness of the processing, which has occurred prior to your withdrawal remains unaffected by this.

 

The tracking cookies will be deleted after 24 months at the latest, or at any time you withdraw your consent before this time limit has ended.

 

If you have granted your consent on our website, we will use the following tracking cookies (and tracking pixels) for advertising purposes:

 

5.3.1 Google AdWords with conversion tracking


This website uses the Google Adwords online service with conversion tracking from the provider, Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

 

We use the service to place advertisements on the results page of a Google search or a website of the Google advertising network (“AdWords”) using Google advertisements. With this, we are pursuing the purpose of drawing your attention to our offers. With conversion tracking, we can use specific parameters (e.g. displaying of the advertisements or clicks by the user) to measure the success our individual advertising measures.

 

If you click on an advertisement placed by Google, a cookie will be set for conversion tracking on your computer. As a rule, these cookies lose their validity after 30 days and are not intended to identify you personally. The analysis values stored for this cookie usually are the unique cookie ID, number of Ad Impressions per placement (frequency), last impression (relevant for post-interview conversions) and opt-out information (marking indicating that the user no longer wants to be addressed).

 

Using these cookies, Google can recognise your internet browser. If you visit specific web pages on the website of an AdWords customer and the cookie has not yet expired, Google and the customer can identify that you have clicked on the advertisement and were forwarded to the website. A different cookie will be assigned to every AdWords customer. Cookies therefore cannot be tracked via the websites of AdWords customers. We do not collect and process any personal data with the use of Google AdWords. We receive purely statistical analyses from Google detailing the total number of users who have clicked on an advertisement and were forwarded to a website that has a conversion tracking tag. On the basis of these analyses, we can identify which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertisements; in particular, we cannot identify users on the basis of this information.

 

On the basis of the technologies used, your browser automatically establishes a direct link with the Google servers in the USA. The sending of your information to a third country outside of the EU is covered by an adequacy decision of the Commission within the meaning of Art. 45 GDPR, as Google has subscribed to the EU-U.S. Privacy Shield (https://www.privacyshield.gov/EU-U.S.-Framework). We have no influence on the scope of the data processing and will therefore inform you in accordance with our current knowledge: By integrating AdWords with conversion tracking, Google receives the information that you have opened the corresponding web page on our website or have clicked on one of our advertisements. If you are registered with a Google service, Google can assign the data to your account. Even if you are not registered with Google or logged in, the possibility exists that Google will find out your IP address and store it.

 

You can prevent participation in this tracking process by configuring the appropriate settings in your browser (particularly by deactivating third-party cookies) or set your browser, such that cookies are blocked by the www.googleadservices.com domain (https://www.google.de/settings/ads), whereby these settings are deleted, if you delete your cookies. You can also deactivate personalised advertisements by providers, which are part of the “About Ads” self-regulation campaign (http://www.aboutads.info/choices), whereby this setting will be deleted, if you delete your cookies. You can also permanently deactivate personalised advertising at http://www.google.com/settings/ads/plugin in your browsers (Firefox, Internet Explorer, Google Chrome). We point out that in this case, you may possibly not be able to fully use all of the functions of this website.

 

You can find additional information about data processing as part of Google AdWords at http://www.google.com/intl/de/policies/privacy.

5.3.2 Google Tag Manager

This website uses Google Tag Manager. With this service, website tags can be managed via an interface. The Google Tool Manager only implements tags. This means that no cookies are used and no personal data are collected. The Google Tool Manager triggers other tags, which in turn, may collect data. However, the Google Tag Manager does not access these data. If a deactivation has been executed at the domain or cookie level, it will remain in existence for all tracking tags, provided that they have been implemented with the Google Tag Manager.

5.3.3 Facebook Retargeting (Facebook Custom Audiences)

This website uses the “Custom Audiences” remarketing function provided by Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, USA (“Facebook”). This way, while visiting the Facebook social network or other websites that also use the process, users of the website can have interest-related advertisements displayed to them (“Facebook Ads”). With this, we are pursuing the interest of displaying advertising to you, which is of interest to you, in order to make our website more interesting for you.

 

On the basis of the marketing tools used (Facebook Tracking Pixels), your browser automatically establishes a direct link to the Facebook server. We have no influence on the scope and further use of the data, which are collected by Facebook by using this tool and are therefore informing you in accordance with our current knowledge: By integrating Facebook Custom Audiences, Facebook receives the information that you have opened the corresponding web page on our website or have clicked on one of our advertisements. Facebook also receives corresponding information when visiting third-party websites, which also contain a Facebook Tracking Pixel. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered with Facebook or logged in, the possibility exists that the provider will find out your IP address and discover additional identifying features and store them.

 

The transfer of your information to the USA, a third country outside of the EU, is based on an adequacy decision of the European Commission (C/2016/4176 dated 12 July 2016 – http://data.europa.eu/eli/dec_impl/2016/1250/oj) within the meaning of Art. 45 GDPR, as Facebook has undertaken to comply with the principles of the EU-U.S.-Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).

 

We do not receive any access to these tracking files (except in aggregated form) and you remain anonymous to us.

 

The deactivation of the “Facebook Custom Audiences” is possible here [Please insert link to an opt-out cookie, which fulfils the following preconditions: persistent HTML5 storage object with an unlimited validity period, which prevents any data traffic by the Facebook pixel.] and for logged-in users at https://www.facebook.com/settings?tab=ads. If Facebook retargeting cookies are used, you can deactivate the storage of the cookies in your browser or at http://www.aboutads.info/choices. You can obtain additional information about data processing by Facebook at https://www.facebook.com/about/privacy.

5.3.4 LinkedIn Insight Tag

This website uses conversion tracking and retargeting technologies of the social media provider, LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (“LinkedIn”), in order to measure the results of the allmyhomes advertising campaigns on LinkedIn, optimise them and to again address the visitors to our websites on LinkedIn or other websites.

 

If you visit our website, your browser uses a tracking pixel (LinkedIn Insight Tag), in order to establish a direct link to the LinkedIn servers. LinkedIn stores a third-party cookie in your browser and records and stores your IP address and your user behaviour on our website and on other websites, which contain a LinkedIn tracking pixel – even if you are not a member or are not logged in. If you are (or become) a member of LinkedIn, LinkedIn can combine these tracking data with your account and use this for targeted advertising – on behalf of us or other advertisers – on LinkedIn or other websites (if you have not objected to such targeted and interest-related advertising in the data privacy settings of your account).

 

It can occur that the information is also transferred to the LinkedIn servers in the USA (LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA). The transfer to a third country is based on an adequacy decision of the European Commission within the meaning of Art. 45 GDPR, as the LinkedIn Corporation has undertaken to comply with the principles of the EU-U.S.-Privacy Shield.

 

We do not receive any access to these tracking files (except in aggregated form) and you remain anonymous to us. Please note that we have no influence on and no knowledge of how LinkedIn processes your data.

You can deactivate targeted and interest-related advertising with LinkedIn (https://www.linkedin.com/help/linkedin/answer/62931?lang=en and – if you do not have an account – https://www.linkedin.com/psettings/guest-controls). You can find additional information about the use of personal data for advertising purposes in the privacy policy of LinkedIn (https://www.linkedin.com/legal/privacy-policy).

 

5.3.5 Microsoft Bing Ads

This website uses tracking services of the Bing Ads service, which is provided and operated by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (“Microsoft”).

 

Microsoft uses a cookie on your end device, if you have accessed our website via a Microsoft Bing advertisement. In this way, both we and Microsoft Bing can identify that someone has clicked on an advertisement, has been forwarded to our website and has accessed a previously specified target website (conversion website) there. We only find out the total number of users, who have clicked on Bing and have then been forwarded to the conversion website. Microsoft collects and processes information using the cookie from which pseudonymous user profiles can be created. These user profiles are for the analysis of the visitor behaviour on our website and they will be used for displaying advertisements. No personal information concerning the user’s identity is processed.

 

If you do not want Microsoft to collect and process this information, you can use your browser settings to prevent cookies from being set. You can also deactivate targeted and interest-related Microsoft advertising (http://choice.microsoft.com/de-DE/opt-out). You can find additional information about Bing Ads and the use of personal data for advertising purposes by Microsoft at https://secure.bingads.microsoft.com/ and https://privacy.microsoft.com/en-US/privacystatement.

6. Unbounce, Instapage


We host various pages on our website, particularly landing pages, with the assistance of Unbounce and Instapage. Providers of these services are Unbounce Marketing Solutions Inc., 400 – 401 West Georgia Street, Vancouver, BC V6B 5A1, Canada (“Unbounce”) and Instapage Inc., 18 King Street, Suite 450, San Francisco, CA 94107, USA (“Instapage”).

 

Unbounce and Instapage will act on our behalf as a commissioned processor within the meaning of Art. 28 GDPR and will process the data collected on our website exclusively at our instruction.

 

If you open a site hosted by Unbound and/or Instapage, your browser will establish a link with the server of the respective provider, which collects the data described in Section 1.1 in doing so. The provider also collects and stores the data, which you provide via the website (e.g. with an enquiry via a contact form) and provides this to us.

 

Unbounce and/or Instapage also set(s) a cookie, which captures your user behaviour on the site and is analysed for us in the form of anonymised utilisation statistics. The collected data (IP address; User ID; date and time; title and URL of the visited site; referrer URL; screen resolution; retrieved and downloaded files; links clicked on to other sites; time required for page display; language settings, browser type/version) will not be combined with the data that you have provided via the site.

 

Unbounce processes the data provided by you within the scope of enquiries via our website exclusively within the EU; ceteris paribus, an adequacy decision of the Commission exists within the meaning of Art. 45 GDPR for the data protection level in Canada. The data processing by Instapage in the USA is based on appropriate safeguards within the meaning of Art. 46 GDPR: We have concluded the standard contractual clauses of the EU Commission with Instapage. You can obtain a copy from us; the standard contractual clauses are also retrievable in all official languages of the EU at https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087.

 

You can obtain additional information about data privacy at Unbounce and Instapage at https://unbounce.com/privacy/ and https://instapage.com/privacy-policy.

7. Zapier

We use the Zapier service of the provider, Zapier Inc., 548 Market St #62411, San Francisco, California 94104, USA (“Zapier”), in order to combine various applications and databases with one another. In doing do, Zapier can, in particular, obtain access to the contact details of our customers or potential customers.

 

Zapier processes these data for us as a commissioned processor within the meaning of Art. 28 GDPR exclusively at our instruction (and not for Zapier’s own purposes or those of any third parties). The data processing performed by Zapier in a third country outside of the EU is based on an adequacy decision of the European Commission (C/2016/4176 dated 12 July 2016 – http://data.europa.eu/eli/dec_impl/2016/1250/oj) within the meaning of Art. 45 GDPR, as Zapier has undertaken to comply with the principles of the EU-U.S.-Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).

 

You can find additional information about data privacy at Zapier https://zapier.com/privacy/.

8. Google Maps

Via an API, this website uses the Google Maps mapping of the provider, Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). This way, we can display interactive maps directly in the website and enable you to use the map function conveniently.

 

By visiting the website, Google receives the information that you have accessed the corresponding page on our website. Furthermore, additional data is sent to the Google servers in the USA. This occurs, irrespective of whether you have a user account with Google or are logged into Google. If you are logged into Google, your data are assigned directly to your account. If you do not want the allocation to your profile with Google, you must log out before visiting our website. Google stores your data as user profiles and uses them for advertising purposes, market research and/or needs-based design of its websites. Such an analysis particularly occurs (including for users who are not logged in) for the delivery of needs-based advertising and to inform other Google users about your activities on our website.

 

You have a right to object to the formation of these user profiles; this must be asserted vis-à-vis Google. We have no influence on this data transfer and or the processing performed by Google.

 

You can obtain additional information about the purpose and scope of data processing performed by Google in the privacy policy of Google (http://www.google.de/intl/de/policies/privacy). There, you will also receive relevant further information about your rights and settings options for protecting your privacy: The sending of your information to a third country outside of the EU is covered by an adequacy decision of the Commission within the meaning of Art. 45 GDPR, as Google has subscribed to the EU-U.S. Privacy Shield (https://www.privacyshield.gov/EU-US-Framework).

 

By using the embedded functions of Google Maps on this website, you are consenting vis-à-vis Google that Google or one of its representatives or third-party provides can process and use the data collected automatically, as well as the date entered by you in accordance with the terms and conditions of use of Google Maps (https://www.google.com/intl/de_de/help/terms_maps.html) and the privacy policy of Google (https://policies.google.com/privacy?hl=de). The data processing by Google is based on Art. 6 Para. 1 point a GDPR.

 

We do not collect or store any data in relation to your use of the Google Maps functions embedded on our website.

9. Who receives my data?


Within the allmyhomes, your data is made available to all those departments that need it to fulfil our contractual and legal duties.

 

The processors (Art. 28 GDPR) appointed by us may also receive data for these purposes. In addition to the processors expressly referred to in this privacy policy, these including companies in the IT services, sub-contractors for real estate agency services, logistics, printing and shipping services, telecommunication, collections, sales, consulting and marketing categories.

 

We will transfer your personal data to third parties, if this is necessary for fulfilling an existing contractual relationship between you and allmyhomes and/or to perform pre-contractual measures (Art. 6 Para. 1 point b GDPR) or to protect legitimate interests (Art. 6 Para. 1 point f GDPR). We only disclose information, which is required by the respective service provider or partner to fulfil the duty assigned to it. The service provider or partner undertakes to treat the data confidentially on the basis of this privacy policy and the relevant data protection laws and to refrain from disclosing it to third parties.

Over and above this, disclosure or transfer of your personal data to third parties only occurs if statutory provisions dictate this (Art. 6 Para. 1 point c GDPR) or you have issued your consent separately (Art. 6 Para. 1 point a GDPR).

 

Under these preconditions, recipients of personal data may include (for example):

 

Sub-contractors used by allmyhomes to provide the services offered through the website (e.g. real estate agents, IT service providers commissioned by allmyhomes).
In the case of enquiries regarding projects by property developers, allmyhomes shall disclose the data disclosed in your enquiry to the property developer or real estate agent for the respective project, insofar as this is necessary or conducive to answering your enquiry and/or the implementation of contractual or pre-contractual measures.
Banks in connection with the collection of a fee.
Public bodies and institutions, if a legal obligation or administrative order exists.

10. For how long are my data stored?


Where necessary, we process and store your personal data for the duration of our business relationship, which e.g. also includes the initiation and performance of a contract. It should be noted that our business relationship is a continuing obligation, which is intended to run over a period of years – until the termination of your registration on our website.

 

Over and above this, we are subject to various retention and documentation duties, which arise, inter alia, under the German Commercial Code (HGB) and the German Fiscal Code (AO). The deadlines specified there for the retention and/or documentation amount to 6 years for correspondence in relation to the conclusion of a contract and 10 years for accounting records (Sections 238, 257 Para. 1 and 4 HGB, Section 147 Para. 1 and 3 AO). Such retention and documentation duties particularly exist if you conclude a contract with us (e.g. real estate agency contract, cooperation agreement, marketing contract, registration on our www.allmyhomes.com internet portal or another website operated by allmyhomes).

 

Ultimately, the period of the data storage is also based on the statutory limitation periods, which are three years, as a rule, according to Sections 195 et seqq. of the German Civil Code (BGB), for example, but may also amount up to thirty years.

 

After expiration of the retention and documentation duties, as well as the relevant limitation periods, we will erase the data.

 

Logfiles and cookies will be deleted within the aforementioned deadlines.

11. Are data sent to a third country?


As a rule, sending of data to third countries (countries outside of the European Economic Area – EEA) only occurs where this is necessary for executing contracts or is legally prescribed or if you have granted us your consent. We will separately inform you about the details, where it is legally prescribed.

 

In addition, the processors located in third countries, and referred to in this privacy policy, will receive access to your data.

12. Which data protection rights do I have?


Vis-à-vis allmyhomes, you have a right of access (Art. 15 GDPR), the right to rectification (Art. 16 GDPR), the right to erasure (Art. 17 GDPR), the right to restriction of processing (Art. 18 GDPR) and the right to data portability (Art. 20 GDPR). The rights of access and erasure are subject to the restrictions in accordance with Sections 34 and 35 BDSG. You also have the right to object to the data processing by allmyhomes (Art. 21 GDPR). Insofar as our processing of your personal data is based on consent (Art. 6 Para. 1 point a GDPR), you can withdraw this at any time; the lawfulness of the data processing, which has occurred until the withdrawal, shall remain unaffected by this.

 

To assert all of these rights, as well as for further questions about the subject of personal data, you can contact our Data Protection Representative (datenschutz@allmyhomes.com) or contact us by e-mail or via our postal address indicated at the beginning of this privacy policy.

 

Irrespective of this, you have the right to lodge a complaint with a supervisory authority – particularly in the EU Member State where your place of residence or place of work is located, or where the suspected violation took place – if you are of the opinion that the processing of the relevant personal data violates the GDPR or other applicable data protection laws (Art. 77 GDPR, Section 19 BDSG).

 

13. Does a duty exist to provide data?


Within the scope of our business relationship, you are only required to provide such data as are required for the establishment, performance and termination of a business relationship or which we are legally obligated to collect. Without these data, we will usually be compelled to reject the conclusion of the contract or the execution of the order, or we will no longer be able to execute an existing order and may need to terminate it, if necessary.

 

Mandatory information is identified as such on our website.

14. Data security

We also use appropriate technical and organisational measures to secure our website and other systems against loss, destruction, access, modification or dissemination of your data by unauthorised persons. However, in spite of regular checks, it is not possible to guarantee complete protection against all the risks.

15. Availability of the privacy policy

The current version of our privacy policy is always available at https://www.allmyhomes.com/datenschutz/.

16. Data Protection Representative

If you have questions about the processing of your personal data or about the assertion of your data privacy rights, please contact our Data Protection Representative: datenschutz@allmyhomes.com

 

Data Protection Representative: Sven Meyzis, IT.DS Beratung, Schierheisterberg 2b, 21224 Rosengarten, Telephone: +49 40 210 915 14

 

updated: 23 July 2018