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Data protection information of CAPERA Immobilien Service GmbH

In the following, we would like to inform you about the processing of your personal data by CAPERA Immobilien Service GmbH.
Personal data within the meaning of this information is all information that can be related to your person.

1. responsible body and data protection officer:

The responsible body is:

CAPERA Immobilien Service GmbH
Dornhofstrasse 100, 63263 Neu Isenburg
Phone: 06102 81544-100
Fax: 06102 81544-19101
E-mail: info@capera-immobilien.de

You can reach our company data protection officer at

CAPERA Immobilien Service GmbH
Schülerstraße 40, 07545 Gera
Phone: 0365 55214344
E-mail: datenschutz@capera-immobilien.de

2. source of the personal data:

We process personal data that we have received from you within the scope of our business relationship for the implementation, administration and processing of tenancies or for the administration of the common property of condominium owners’ associations or for the administration of your special or partial property. Furthermore, we process – should this be necessary for the provision of our services (in particular the management of the property for third parties) – personal data that we have legitimately obtained from publicly accessible sources or that we have received from partners responsible for you or other third parties (e.g. Schufa, owner, property management) and will receive in the future or on the basis of consent given by you.

On the other hand, we process personal data that we have legitimately obtained from publicly accessible sources (e.g. land registers, debtor registers, commercial registers, press, internet, media) and are permitted to process.

3. categories of personal data that are processed:

We process the following categories of personal data: master data (name, address, date of birth, place of birth, communication data such as telephone number, e-mail address; bank details, information about your creditworthiness as part of the initiation of a rental agreement and contract data: Period of use, location of the apartment/commercial unit, role of the data subject, contract number, payment data, data on tenant contacts and transaction processing as well as other data comparable with the categories mentioned.

4. the purpose for which the personal data are to be processed and the legal basis of the processing:

We process your personal data in compliance with the applicable statutory data protection requirements for the purpose of fulfilling our letting and management mandate and for our services in connection with the sale of the property and directly related ancillary activities. Processing is lawful if at least one of the following conditions is met:

a. Consent (Art. 6, para. 1 a GDPR)

The lawfulness of the processing of personal data is given with consent to processing for specified purposes (e.g. bank data for direct debit collection of rent or house money). Any consent given can be revoked at any time with effect for the future. This also applies to the revocation of declarations of consent given to us before the GDPR came into force, i.e. before May 25, 2018.

b. For the fulfillment of contractual obligations or for the implementation of pre-contractual measures (Art. 6, para. 1 b GDPR)

Personal data is processed in order to fulfill the rental agreement concluded between you and your landlord or as part of pre-contractual measures (e.g. self-disclosure, Schufa).

c. Due to legal requirements (Art. 6, para. 1c GDPR or in the public interest (Art. 6 para. 1 e GDPR):

CAPERA is subject to various legal obligations under tenancy law, condominium law and commercial and tax retention regulations.

d. As part of the balancing of interests (Art. 6 para. 1 f GDPR)

Where necessary, we process your data to protect our legitimate interests or those of third parties:

  • – Processing for the fulfillment of our letting and management mandate and thus in connection with all ancillary activities related to the operation and management of real estate (e.g. commissioning of repair/maintenance services, fulfillment of contracts, e.g. notification of changes of user and data in the context of the operating or annual statement)
    The purpose of data processing is primarily determined by the specific product (e.g. rental or owner-occupied apartment, commercial unit.
    We have a legitimate interest in fulfilling our contractual obligations arising from our rental and management contracts.
  • – Query and data exchange with Schufa to determine creditworthiness and default risks, as we and the landlords have a legitimate interest in avoiding creditworthiness and default risks
  • – Assertion of legal claims and defense in legal disputes, as we have a legitimate interest in protecting our rights
  • – Ensuring IT security and IT operations, as we have a legitimate interest in ensuring the security of our systems and data
  • – Prevention and investigation of criminal offenses
  • – Video surveillance for the prevention and collection of evidence in the event of criminal offenses for the protection of residents, as we, the landlords and residents have a legitimate interest in not becoming the target of criminal offenses or in enabling the prosecution of criminal offenses committed
  • – Exercising domiciliary rights, as we, the landlords and residents have a legitimate interest in ensuring that the peace and quiet of the house is maintained

5. categories of recipients of the personal data:

Within the company, those departments are authorized to access the data that need it to fulfil our contractual and legal obligations. CAPERA also has individual services carried out by carefully selected service providers and processors (Art. 28 GDPR) based within the EU and commissioned in accordance with data protection regulations. These are companies in the categories of IT payment transactions, printing and delivery, metering services, billing, maintenance/servicing, lawyers, debt collection and the rental or sale/distribution of real estate. Data is also transmitted to the client, their appointed representatives, such as the asset manager (asset management), auditors, tax consultants, valuers, brokers and prospective buyers in order to safeguard the interests of the owner/client and to fulfill our contractual obligations.
With regard to the disclosure of data to other recipients, we may only disclose information about you if this is required by law, if you have given your consent or if we are authorized to disclose it. If these conditions are met, recipients of personal data may be:

  • – Public bodies and institutions (e.g. tax authorities, law enforcement authorities) in the event of a legal or official obligation
  • – Other companies or comparable institutions to which we transfer personal data in order to conduct the business relationship with you (guarantors, credit agencies, billing services)

  • In addition, other bodies may also be recipients of data if you have given us your consent to the transfer of data.

6. transfer of personal data to a third country or an international organization:

There is no active transfer of personal data to locations in countries outside the European Economic Area or to an international organization.

7 How long will the data be stored?

The criteria for determining the duration of storage are based on the end of the purpose and the subsequent statutory retention period. We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations. It should be noted that our business relationship is a continuing obligation that is intended to last for years.

In addition, we or your landlord are subject to various retention and documentation obligations arising from tenancy law, condominium law, the German Commercial Code (HGB) and the German Fiscal Code (AO), among others. The specified periods for storage or documentation can be up to 30 years under certain circumstances.

8. data protection rights:

Every data subject has the right of access under Article 15 GDPR, the right to rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR. The restrictions under Sections 34 and 35 BDSG apply to the right to information and the right to erasure. You have the option of lodging a complaint with the above-mentioned data protection officer or with a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).
You can revoke your consent to the processing of personal data at any time with effect for the future. This applies to the revocation of declarations of consent that were given to us before the Basic Data Protection Regulation came into force, i.e. before May 25, 2018.

9. obligation to provide data and possible consequences of not providing data:

As part of our business relationship, you only need to provide the personal data that is required for the establishment, execution and termination of the contract or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or execute the order or will no longer be able to execute an existing contract and, if necessary, we will have to terminate the contract. have to end.

10. the existence of automated decision-making, including profiling:

In principle, we do not use automated decision-making in accordance with Article 22 GDPR to establish and conduct the business relationship. If we use these procedures in individual cases, we will inform you of this separately if this is required by law.

We do not process your data with the aim of automatically evaluating certain personal aspects.

RIGHT OF OBJECTION

Information about your right to object in accordance with Article 21 GDPR

1. individual right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 (1) GDPR. 1 e GDPR (data processing in the public interest) and Article 6, para. 1 f GDPR (data processing on the basis of a balancing of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims.

2. right to object to the processing of data for direct marketing purposes

We do not process your personal data for the purposes of direct advertising.

The objection is effective for the future and should be addressed to:

CAPERA Immobilien Service GmbH
Data Protection Officer
Schülerstraße 40, 07545 Gera

datenschutz@capera-immobilien.de

RIGHT OF OBJECTION

Information about your right to object in accordance with Article 21 GDPR

1. individual right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6 (1) GDPR. 1 e GDPR (data processing in the public interest) and Article 6, para. 1 f GDPR (data processing on the basis of a balancing of interests); this also applies to profiling based on this provision within the meaning of
Article 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

2. right to object to the processing of data for direct marketing purposes.

We do not process your personal data for the purposes of direct advertising.

The objection is effective for the future and should be addressed to:

CAPERA Immobilien Service GmbH
Data Protection Officer
Schülerstraße 40, 07545 Gera
datenschutz@capera-immobilien.de

Status: 27.01.2022