We are delighted that you are interested in our company. Data protection is a particularly high priority for the management of Grundstücksgemeinschaft Daftarie. It is generally possible to use the Daftarie Property Association website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to the Daftarie property community. Through this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects about their rights.

As the controller, the Daftarie property association has implemented numerous technical and organisational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of the Daftarie property association is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this privacy policy:

• a) personal data
  Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
• b) data subject
  A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
• c) Processing
  Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or otherwise making available, alignment or combination, restriction, erasure or destruction.
• d) Restriction of processing
  Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
• e) Profiling
  Profiling is any form of automated processing of personal data consisting of using that personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• f) Pseudonymisation
  Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
• g) Controller or processor
  The controller or data controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• h) Processors
  A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
• i) Recipient
  Recipient means a natural or legal person, public authority, agency or another body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
• j) Third party
  A third party is a natural or legal person, public authority, agency or other body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
• k) Consent
  Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Grundstücksgemeinschaft Daftarie
Linnestraße 18
79110 Freiburg im Breisgau
Deutschland
Tel.: 01525 6339000
E-Mail: info@dreisam-apartments.de
Website: www.dreisam-apartments.de

3. Cookies

The websites of the Daftarie property association use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to be assigned to the specific web browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other web browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.

By using cookies, the Daftarie property community can provide users of this website with more user-friendly services that would not be possible without cookies.

Cookies enable us to optimise the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, users of a website that uses cookies do not have to re-enter their access data each time they visit the website, as this is done by the website and the cookie stored on the user's computer system. Another example is the cookie used for a shopping basket in an online shop. The online shop uses a cookie to remember the items that a customer has placed in their virtual shopping basket.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programmes. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of the Daftarie property association collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as the referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serves to avert danger in the event of attacks on our information technology systems.

When using this general data and information, the Daftarie property community does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by the Daftarie Property Association for statistical purposes and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

5. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose for storage no longer applies or if a storage period prescribed by European directives and regulations or other competent legislators expires, personal data is routinely blocked or deleted in accordance with legal requirements.

6. Rights of the data subject

• a) Right to confirmation
  Every data subject has the right granted by European directives and regulations to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
• b) Right to information
  Every person affected by the processing of personal data has the right, granted by European directives and regulations, to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. Furthermore, European directives and regulations grant the data subject the right to obtain the following information:
  • the processing purposes
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data is not collected from the data subject: all available information on the source of the data
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

  Furthermore, the data subject has the right to obtain information about whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

  If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

• c) Right to rectification
  Every person affected by the processing of personal data has the right granted by European directives and regulations to request the immediate correction of inaccurate personal data concerning them. Furthermore, the person concerned has the right to request the completion of incomplete personal data, taking into account the purposes of the processing, including by means of a supplementary statement.

  If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.

• d) Right to erasure (right to be forgotten)
  Any person affected by the processing of personal data has the right granted by European directives and regulations to request that the controller delete personal data concerning them without delay, provided that one of the following reasons applies and insofar as the processing is not necessary:
  • The personal data was collected for purposes or processed in other ways for which it is no longer necessary.
  • The data subject withdraws their consent on which the processing was based in accordance with Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data was processed unlawfully.
  • The erasure of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
  • Personal data was collected in relation to the information society services offered in accordance with Article 8(1) of the GDPR.

  If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by the Daftarie property association, they may contact an employee of the data controller at any time. The employee of the Daftarie property association will ensure that the deletion request is complied with immediately.

  If the personal data has been made public by the Daftarie property community and our company is obliged to delete the personal data as the controller in accordance with Art. 17 (1) GDPR, the Daftarie property community shall take appropriate measures, taking into account the available technology and implementation costs, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data, unless the processing is necessary. The employee of the Daftarie property community will take the necessary steps in each individual case.

• e) Right to restriction of processing
  Any person affected by the processing of personal data has the right granted by European directives and regulations to request that the controller restrict processing if one of the following conditions is met:
  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to assert, exercise or defend legal claims.
  • The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the Daftarie property association, they may contact an employee of the controller at any time. The employee of the Daftarie property association will arrange for the restriction of processing.

• f) Right to data portability
  Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  Ferner hat die betroffene Person bei der Ausübung ihres Rechts auf Datenübertragbarkeit gemäß Art. 20 Abs. 1 DS-GVO das Recht, zu erwirken, dass die personenbezogenen Daten direkt von einem Verantwortlichen an einen anderen Verantwortlichen übermittelt werden, soweit dies technisch machbar ist und sofern hiervon nicht die Rechte und Freiheiten anderer Personen beeinträchtigt werden.

  To exercise their right to data portability, the data subject may contact a member of staff at the Daftarie property association at any time.

• g) Right to object
  Every person affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

  In the event of an objection, Daftarie will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

  If the Daftarie property association processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the processing of their personal data by the Daftarie property association for direct marketing purposes, the Daftarie property association will no longer process the personal data for these purposes.

  In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by the Daftarie property association for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

  To exercise the right to object, the data subject may contact any employee of the Daftarie property association or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

• h) Automated individual decision-making, including profiling
  Any person affected by the processing of personal data has the right granted by European directives and regulations not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

  If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is it made with the explicit consent of the data subject, the Daftarie property community shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

  If the data subject wishes to exercise their rights in relation to automated decisions, they may contact an employee of the controller at any time.

• i) Right to withdraw consent under data protection law
  Every person affected by the processing of personal data has the right, granted by European directives and regulations, to withdraw their consent to the processing of personal data at any time.

  If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

7. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR.
Ultimately, processing operations may be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).

8. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and shareholders.

9. Duration for which personal data is stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of a contract.

10. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to point out that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. details of the contractual partner).
In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide personal data, and what the consequences of not providing personal data would be.

11. Existence of automated decision-making

As a responsible company, we refrain from automated decision-making or profiling.

This sample privacy policy was generated by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, the Datenschutzaudit conducted in cooperation with the Medienrechtskanzlei WILDE BEUGER SOLMECKE created.