Last updated on: August 2020
This data protection statement is designed to give you an overview of how AN Grundbesitz GmbH and its affiliated companies (hereinafter jointly referred to as “we” or “us”) collect, use and otherwise process your personal data. Insofar as an affiliated company makes reference to this data protection statement, that affiliated company shall be deemed the entity responsible for data processing. In all other cases, the data controller is AN Grundbesitz GmbH, Unter den Eichen 101, 12203 Berlin, Germany. Please read this data protection statement carefully so that you understand how we process your personal data.
Collection and use of personal data
Transfer of personal data
Legal basis for data processing
Transfer of data to third countries
Amendments to this Data Protection Statement
1. Collection and use of personal data
Personal data is information used to identify a person, i.e. information that can be traced back to a person. This includes a person’s name, email address, telephone number and/or payment details. Personal data will only be collected, used and processed by us to the extent permitted by law or insofar as you have granted your consent. The following provides you with an overview of the type of personal data we collect and how we process this data:
a) What personal data do we collect?
Depending on the nature of our business relationship with you, we may collect personal information about you. In principle, we collect any such data directly from you. In addition, we may also receive personal data about you from third parties.
Data that we collect directly from you includes, in particular, the following categories of data:
Personal and contact data of (prospective) customers, providers or business partners (e.g. name, address, telephone number, email address), or their representatives or contact persons;
Employment-related data on (prospective) customers, vendors, or business partners or their representatives or contact persons (such as job title, tasks, or department);
Financial data such as bank details and account information;
Personal and contact details and information on applicants’ skills, knowledge, experience and qualifications;
Information on how you use our website and our services and products.
As part of our cooperation with service providers, we may also receive personal data about you from these service providers (e.g. credit rating agencies or service providers). This may include, for example, information about your creditworthiness.
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b) How do we use your personal data?
We use your personal data for various purposes, in particular:
to respond to your enquiries;
to conclude and execute sales contracts, rental or service contracts or other service contracts with you;
for due diligence audits in accordance with applicable law, e.g. for necessary money laundering audits;
during job application procedures;
to enforce or defend legal claims; and
to comply with legal or regulatory requirements.
2. Transfer of personal data
We may disclose your personal data to third parties who provide services to us in connection with the purposes set out in 1. b) or to whom we are legally obliged or entitled to disclose such data. This includes the following categories of recipients:
Our group companies and/or affiliated organisations;
Cloud service providers, email and website service providers and other IT service providers, e.g. hosting providers;
Suppliers, brokers, trade companies, measuring service providers and other business partners;
Tax consultants, auditors, notaries, lawyers and debt collectors;
Payment service providers;
3. Legal basis for data processing
We process your personal data based on the following legal principles:
If you have given us your consent for the processing of your personal data, your data is processed based on your consent in accordance with Article 6 para. 1 sentence 1 lit. a GDPR. With your consent, we can provide you with marketing information or share your information requests with our responsible sales partner.
However, the processing of your personal data may also be necessary (i) for the fulfilment of a contract with you or for the implementation of pre-contractual measures (Article 6 para. 1 sentence 1 lit. b GDPR), (ii) for the fulfilment of legal obligations to which we are subject (Article 6 para. 1 sentence 1 lit. c GDPR); or (iii) for the safeguarding of our legitimate interests or the legitimate interests of a third party, unless you have overriding interests or fundamental rights and freedoms (Article 6 para. 1 sentence 1 lit. f GDPR).
4. Your rights
You have the following rights in accordance with the statutory provisions (in particular the GDPR and the Federal Data Protection Act (BDSG)) and in compliance with the conditions specified therein:
You have the right to receive information from us about your personal data we store.
You have the right to request that we rectify the data stored about you if it is inaccurate or erroneous.
You may also request the erasure and transfer of your personal data to yourself or to a third party and the restriction of the processing of your data.
In addition, you may object to the processing of your data for direct marketing purposes and instruct us to limit the processing of your data. To the extent we process your data in our legitimate interest, you can object to the processing for reasons arising from your particular situation. We will then no longer process this data unless we can prove compelling grounds which outweigh your interests, rights and freedoms, or unless the processing serves the assertion, exercise or defence of legal rights.
If you have consented to the processing of your personal data, you can revoke your consent at any time with immediate effect. You also have the right to appeal to a data protection supervisory authority
5. Storage period
We process and store your data for the duration of our business relationship. This also includes the initiation of and execution of a contract. In addition, we are subject to various storage and documentation obligations, including those arising from the German Commercial Code (Handelsgesetzbuch) and the German Fiscal Code (Abgabenordnung). The periods for storage and documentation specified in these codes extend for up to ten years after the conclusion of a business or pre-contractual legal relationship.
Furthermore, special statutory provisions may require longer storage periods, e.g. the preservation of evidence within the framework of the statutory statute of limitations. According to Sections 195 et seq. of the German Civil Code, the regular limitation period is three years; however, limitation periods of up to 30 years may also be applicable.
If the data are no longer required for the fulfilment of contractual or statutory obligations and rights, they shall be deleted immediately, unless their further processing – for a limited period of time – is necessary for the fulfilment of the purposes listed under 1.b) above for an overriding legitimate interest. Such an overriding legitimate interest may exist, for example, if deletion is not possible or only possible with disproportionately high effort due to the special type of storage, and if processing for other purposes is excluded by suitable technical and organisational measures.
6. Transfer of data to third countries
Data will only be transferred to countries outside the European Union (“EU”) or the European Economic Area (“EEA”) (“Third Countries”) if it is necessary for the execution of a contract with you, if it is required by law, if it is in the legitimate interest of us or a third party, or if you have granted your consent. The processing of your data in a third country may also take place in connection with the involvement of service providers within the framework of order processing. If the EU Commission has not decided on an appropriate level of data protection for the country in question, we will ensure that your rights and freedoms are adequately protected and guaranteed in accordance with EU data protection regulations. We will provide you with the relevant detailed information on request.
7. Amendments to this Data Protection Statement
We reserve the right to amend or update this data protection statement at any time. Material changes will be posted on our website before the change takes effect. Please check periodically to see if there are any updates or changes to our Data Protection Statement.
If you have any questions, comments or requests regarding this data protection statement, or to exercise your rights, please contact us:
AN Grundbesitz GmbH
Unter den Eichen 101
Telefon: +49 30 8972 7797
Telefax: +49 30 8418 6824