Data protection

(As of May 25, 2018)
Below we inform you in accordance with Art. 12, 13 and 21 of the General Data Protection Regulation (GDPR) and § 13 Telemedia Act (TMG) about the handling of your personal data when using our websites www.peachproperty.com and www.peach.immo.

1. Responsible
Responsible in terms of data protection law is:

Peach Property Group (Germany) AG
Represented by the Executive Board,
represented by the CEO Dr. Thomas Wolfensberger and the other board member Dr. Marcel Kucher

Im Zollhafen 24 / Kranhaus Süd
50678 Cologne
Tel.: +49 221 299230
Fax: +49 221 29923 200
E-Mail: mail@peachproperty.com

2. Data protection officer
Mrs. Susanne Hünermann
Tel.: +49 221 29923-52
Email: susanne.huenermann@peachproperty.com

3. Purposes and legal basis of data processing
3.1 General

We process your personal data in accordance with the provisions of the General Data Protection Regulation, the Federal Data Protection Act and other applicable data protection regulations. “Personal data” is all information that relates to an identified or identifiable natural person (“data subject”); A natural person is considered to be identifiable if he or she can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics, the expression of the physical , physiological, genetic, psychological, economic, cultural or social identity of this natural person.

The purposes of data processing and the corresponding legal bases are named below.

3.2 Informational use of the website
You can visit our website without providing any personal information. If you use our website for informational purposes only, i.e. do not provide us with information about yourself via a contact form, we do not collect any personal data, with the exception of the data that your browser transmits to enable you to visit the website and information that we receive in the Frame of cookies used.

3.2.1 Technical provision of the website
3.2.1.1 Purpose
For the technical provision of the website, it is necessary for us to process certain automatically transmitted information from you so that your browser can display our website and you can use the website. This information is automatically recorded each time our website is accessed and stored in our server log files. This information relates to the computer system of the calling computer. The following information is collected:

We also use cookies to make our website available to you for use. Cookies are text files that are saved in your internet browser or by the internet browser when you visit a website on your computer system. A cookie contains a characteristic string that enables the browser to be clearly identified when the website is called up again. We only use these cookies to make our website and its technical functions available to you. Some functions of our website cannot be offered without the use of cookies. No personal data is transmitted to us in the cookies.

Google Maps
On our website in the “Contact” and “Rent an apartment” areas, we use maps from Google Maps to show you the locations of our offices and the properties we rent. GoogleMaps is an offer of Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States. When you visit this area of our website, your browser transmits your IP address to Google so that Google can transfer the map material to your browser. If you enter a location (e.g. your current location or your home address) to plan a route, this information is also transmitted to Google.

You can find more information on the collection and use of data by Google and your rights and options to protect your privacy in this regard in Google’s data protection notice and the additional terms of use for Google Maps / Earth.

3.2.1.2 Legal basis
We process your personal data for the technical provision of our website on the basis of the following legal bases:
– to fulfill a contract or to carry out pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR, insofar as you visit our website to inform yourself about our range of goods, in particular in the web shop, and about our events; and
– to protect our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR, in order to be able to make the website technically available to you. Our legitimate interest is to be able to provide you with an attractive, technically functioning and user-friendly website.

3.2.2 Statistical analysis of the use of the website
3.2.2.1 Purpose
For the purpose of static analysis of the use of our website, we use Google Analytics and thus cookies, which enable an analysis of your surfing behavior. This enables us to improve the quality of our website and its content. We learn how the website is used and can continuously optimize our offer.

The information obtained as part of the static analysis of our website is not combined with your other data collected on the website.

Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and abbreviated there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

This website uses Google Analytics with the extension “_anonymizeIp ()”. As a result, IP addresses are further processed in abbreviated form, which means that they cannot be directly linked to a person.

You have the following options to deactivate the tracking of Google Analytics. However, please note that if you do this you may not be able to use the full functionality of this website.
I would like to deactivate the storage of cookies by Google Analytics.
You can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link : http://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is placed on your device. If you delete your cookies, you must click the link again.

You can find more information on terms of use and data protection from or at Google Analytics at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies /.

3.2.2.2 Legal basis
We process your personal data for statistical analysis of the use of our website based on the following legal bases:

to protect our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction Section 15 (3) TMG; Our legitimate interest is to design our website to meet your needs.

3.3 Active use of the website
In addition to the purely informational use of our website, you can also actively use our website to contact us. In addition to the processing of your personal data shown above for purely informational use, we then also collect and process further personal data from you that we need to process and answer your request.

3.3.1 User requests
3.3.1.1 Purpose

To answer your inquiries to us, e.g. In order to be able to process and respond to you via the contact form or to our email address, we process the personal data you have provided in this context. In any case, this includes your name and email address to send you an answer, as well as the other information that you send us as part of your message.

3.3.1.2 Legal basis
We process your personal data to answer user inquiries based on the following legal bases:

to protect our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR; Our legitimate interest is the correct answering of customer inquiries.

3.3.2 Tenant request
3.3.2.1 Purpose


Tenant request
If you send us an inquiry on our website under “Rent an apartment” and there an advertisement under “Contact”, we will collect personal data from you in order to receive the request, process it and forward it to the broker. We collect the information shown on the respective input forms (mandatory information is marked with an asterisk “*”):

We pass on your personal data to the real estate agent specified in the respective advertisement so that he can contact you directly to arrange a viewing appointment.

Compliance with legal regulations
We also process your personal data in order to fulfill other legal obligations that apply to us in connection with the processing of the tenant request. These include in particular commercial, commercial or tax retention periods

Enforcement
We also process your personal data in order to assert our rights and to enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data insofar as this is necessary to prevent or prosecute criminal offenses.

3.3.2.2 Legal basis
We process your personal data to process tenant inquiries, to conclude or to implement a rental agreement based on the following legal bases:
– to fulfill a contract or to carry out pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR; and
– to protect our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or solve crimes.

3.3.3 WhatsApp ChatBot
As a tenant or prospective tenant, you have the option of contacting our virtual assistant (ChatBot) via WhatsApp. We process the data that we already have from you in order to e.g. identify as our tenant and process your request correctly or forward it to the right place. Otherwise we process the data that you entered while contacting our ChatBot. The data we may collect and process include:

3.3.3.1 Purpose
We process the above data to process your application for an apartment advertisement or, within the framework of an existing tenancy, to answer your request to us.

3.3.3.2 Legal basis
We process your personal data to process tenant inquiries, to conclude or to implement a rental agreement based on the following legal bases:
– to fulfill a contract or to carry out pre-contractual measures in accordance with Art. 6 para. 1 lit. b GDPR;
– on the basis of your consent in accordance with Art. 6 Para. 1 lit. a) GDPR.

3.3.4 Investor newsletter
3.3.4.1 Purpose

On our website there is the possibility to subscribe to a free newsletter in which we report on course-relevant or current information. This service complies with the requirements of the directive on ad hoc publicity (RLAhP) of the Swiss stock exchange SIX Swiss Exchange of October 29, 2008. We process the data entered in the input mask when registering for the newsletter. Only the data marked with an asterisk ‘*’ are required to register for the newsletter.

We also collect the following data when you register:
– IP address
– Date and time of registration

3.3.4.2 Legal basis
We process your personal data to send our Inverstoren newsletter on the basis of your consent in accordance with Art. 6 Para. 1 lit. a) GDPR.

4. Categories of recipients
First of all, only our employees receive knowledge of your personal data. We also share your personal data, insofar as this is legally permitted or prescribed, with other recipients who provide us with services in connection with our website. We limit the transfer of your personal data to what is necessary, in particular to be able to handle your tenant inquiries. Some of our service providers receive your personal data as processors and are then strictly bound to our instructions when handling your personal data. In some cases, the recipients act independently with their data, which we transmit to them.

Below we list the categories of recipients of your personal data:

5. Third country transfer
As part of the use of Google Analytics, we transfer your shortened IP address to the USA. The data transfer is based on the Implementing Decision (EU) 2016/1250 of the EU Commission of July 12, 2016 in accordance with Directive 95/46 / EC of the European Parliament and of the Council on the adequacy of the protection offered by the EU-US data protection shield. In some cases, we transfer data to affiliated companies in the group or to service providers in Switzerland, where, according to an adequacy decision by the EU Commission, there is an adequate level of data protection. We do not transfer your personal data to countries outside the EU or the EEA or to international organizations.

6.1 Duration of storage
6.1 Informational use of the website
When using our website for information purposes only, we do not store any personal data on our servers.

6.2 Active use of the website
If you use our website actively, we will initially store your personal data for the duration of answering your request or for the duration of the initiation of a contract (pre-contractual legal relationship).

When concluding a rental contract, your personal data is only stored for as long as we need it to carry out the rental agreement. Since SCHUFA occasionally checks our legitimate interest up to 18 months after our request, we will only delete your data after an unsuccessful application after these 18 months.

We delete the data as soon as we no longer need it, unless there is a legal retention requirement, e.g. from the Commercial Code (sections 238, 257 (4) HGB) or from the Tax Code (section 147 (3), 4 AO). These retention requirements can last from two to ten years.

We anonymize the data collected when using our virtual assistant (ChatBot)
– after ten minutes, if you do not consent to the storage of optional information,
– three months after you last contacted our virtual assistant.
The anonymization includes all data with which we can identify you, including all entries that you have made in WhatsApp.

7. Your rights as a data subject
Under the legal requirements, you have the following rights as a data subject, which you can assert against us:

State representative for data protection and freedom of information

North Rhine-Westphalia
Kavalleriestr. 2-4 2-4
40213 Dusseldorf
Telephone: 0211 / 38424-0
Fax: 0211/38424-10
Email: poststelle@ldi.nrw.de

8. Obligation to provide data
In principle, you are not obliged to provide us with your personal data. However, if you do not do this, we will not be able to make our website available to you, will not be able to answer your inquiries to us and will not be able to pass on your inquiry to the responsible real estate agent. Personal data that we absolutely need for the processing purposes mentioned above are marked with an asterisk “*”.


9. Automated decision making / profiling
We do not use automated decision making or profiling (an automated analysis of your personal circumstances).

Right to object
You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data by us, which is based on Art. 6 Para. 1 lit. e (performing a task in the public interest) or Art. 6 para. 1 lit. f GDPR (legitimate interest of the person responsible) to object; this also applies to profiling based on these provisions. We will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.