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: firstname.lastname@example.org (“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
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;
- 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 email@example.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.
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.
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 firstname.lastname@example.org.
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 email@example.com or send a letter to our postal address.
4.3 Consent to processing voluntarily disclosed data
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 firstname.lastname@example.org.
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.
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)
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”).
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.
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.
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 email@example.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: