Data Protection Statement

Last updated on April 26, 2024

This Data Privacy Statement offers you an insight into the collection, use and processing otherwise of personal data by pwr development GmbH and companies that are its affiliates (hereinafter referred to jointly as “we” or “us”). To the extent that an affiliate company refers to this Data Privacy Statement, the affiliate is the agency responsible for processing the data. Otherwise, pwr development GmbH, Rosenthaler Strasse 42, 10178 Berlin, is the responsible entity. Please read this statement carefully so that you understand how we handle your personal data.

Collection and use of personal data
Transfer of personal data
Cookies
Legal basis for data processing
Your rights
Storage period
Transfer of data to third countries
Amendments to this Data Protection Statement
Contact

1. Collection and use of personal data
2. Transfer of personal data
3. Cookies
4. Social Media
5. Your rights
6. Data storage duration
7. Data transfer to third-party countries
8. Changes to this Data Privacy Statement
9. Contact

1. Collection and use of personal data

Personal data are information that refer to an identified or identifiable person. This includes, among others, a person’s name, email address, phone number, or payment data. Personal data is only collected, used, and processed by us if this is legally permissible, or if you have given us your consent to do so. In the following, we offer you an overview of what kinds of personal data we collect and how we handle that data:

a) What personal data do we collect?

Depending on the kind of business relationship we have with you, it is possible we collected personal data on you. As a matter of principle, we only collect data directly from you. In addition, we may also receive personal data about you from third parties.

Data that we collect direct from you covers in particular the following categories of data:

• Personal and contact data of (prospective) clients, interested buyers, interested tenants, service providers or business partners (such as the name, address, phone number, email address), or of their representatives or contacts;
• Function-related data on (prospective) clients, interested buyers, interested tenants, service providers or business partners or of their representatives or contacts (such as their professional designation, tasks, or department);
• Financial data such as banking details and account information;
• Applicants’ personal and contact data as well as information on their skills, knowledge, experience, and qualifications;
• Information on the use of our website, on how you make use of our services and products as well as information on properties and housing units, special wishes, or additional services.

Through our collaboration with service providers, we may, moreover, receive personal data on you from said service providers (such as distribution partners, credit agencies, or other service providers). This includes, for example, information on your creditworthiness.

b) How do we use your personal data?

We make use of your personal data in various ways, in particular:

• in order to respond to your enquiries. The legal basis for processing the data is the implementation of pre-contractual or contractual measures (section 6 para. 1 sent. 1 lit. b) DSGVO (General Data Protection Regulation) as well as our justified interests (section 6 para. 1 sent. 1 lit. f) DSGVO) in efficient communication with you;
• in order to prepare or conclude purchase contracts, rental or service contracts or similar service contracts with you or a company you represent or to provide other client support services. The legal basis for this is section 6 para. 1 S. 1 lit. b) DSGVO, which permits data processing as is necessary in order to fulfil a contract with the person in question or to conduct precontractual measures. To the extent that you yourself are not the party to the respective contract (for example, because the contract is concluded not with you in person but with a company you represent), we process the data on the basis of our legitimate interest in conducting the contractual preparations and/or contractual conclusion process as per section 6 para. 1 sent. 1 lit. f) DSGVO;
• for due diligence audits under applicable law, such as to conduct the necessary money laundering assessments. The legal basis for this is adherence to legal obligations (section 6 para. 1 sent. 1 lit. c) DSGVO) to which we are subject as well as our justified interests (section 6 para. 1 sent. 1 lit. f) DSGVO) in identifying business risks;
• to conduct application procedures. The legal basis for this is section 26 para. 1 BDSG (German Federal Data Protection Act), which allows data processing for the purposes of entering into an employment relationship;
• to exercise legal rights or defend against legal claims. The legal basis for this lies in our legitimate interests (section 6 para. 1 sent. 1 lit. f) DSGVO) in exercising legal interests or defending against legal claims;
• to satisfy legal or regulatory requirements. The legal basis for this is compliance with legal obligations (section 6 para. 1 sent. 1 lit. c) DSGVO), to which we are subject;

2. Transfer of personal data

We can forward your personal data to third parties, who perform services for us in connection with the purposes listed under item 1 lit. b). This relates especially to service providers in the following areas: IT; e-mail and marketing, such as cloud, website, or hosting services. The service providers are bound by contract to implement suitable technical and organizational safety measures for the protection of your personal data and to process the latter solely in line with the terms of our contract.

We can also forward your personal data to other recipients in accordance with the applicable data protection legislation. These recipients comprise the following categories:

• suppliers, estate agents, general contractors, sales persons, renters, tradespeople, kitchen installers, metering services and other business partners;
• tax consultants, auditors, notaries, lawyers, and debt collection agencies; payment service providers;
• public bodies when it is a matter of statutory obligations to provide information or make disclosures;
• marketing and project partners such as AM TACHELES Residential Development GmbH, (Oranienburger Strasse 37, 10117 Berlin, Germany), Homebase Realestate GmbH (Kurfürstendamm 103/104, 10711 Berlin, Germany), Engel & Völkers (EuV Projekte Berlin GmbH, Joachimsthaler Strasse 1, 10623 Berlin, Germany), SEG Kapital Vermögensverwaltung GmbH (Gabriele Tergit Promenade 17, 10963 Berlin, Germany), Studio For Space GmbH (Oranienburger Strasse 37, 10117 Berlin, Germany), Immobilien Projekt Marketing GmbH (Hopfensack 6, 20457 Hamburg, Germany), Aermont Capital LLP (St. James’s, London SW1A 1LD, United Kingdom), Engel & Völkers Berlin Mitte GmbH, (Lennéstrasse 3, 10785 Berlin, Germany);
• our group member companies or affiliated organisations.

The legal basis for this lies in the necessity of transferring data for the preparation or performance of the respective contract (section 6 para. 1 sent. 1 lit. b) DSGVO), in compliance with statutory obligations (section 6 para. 1 sent. 1 lit. c) DSGVO), to which we are subject, and in our legitimate interests (section 6 para. 1 sent. 1 lit. f) DSGVO), such as in the exercising of legal rights or defending against legal claims.

Moreover, in the case of a restructuring, merger, acquisition, transfer, cession, or sale of our company or parts of our company or an asset, we are entitled within the scope permitted by law to forward your personal data to the probable buyer or respective third parties. The legal basis for this is our legitimate interest (section 6 para. 1 sent. 1 lit. f) DSGVO), to have the part of the company or asset examined as part of due diligence.

3. Cookies

Our website employs cookies. “Cookies” are small text files that are stored on your computer and exchange certain settings and data with our system via your browser. Cookies enable us to make the website more appealing to you and easier to use, for example by storing certain entries you make so that you do not need to keep repeating them. We use two types of cookies:

Session cookies: these cookies are deleted after you close your browser.

Long-time cookies: these remain on the hard disk of your computer for a certain time. When you visit our website again you are automatically recognised together with the entries and settings you favour.

The information stored in the cookies is not used by us to identify you, nor is it combined with other personal data of yours we have stored.

Should the cookies being used not be critical for displaying our website and performing our services we will obtain your consent, which can be revoked at any time with effect for the future. Should you not wish cookies to be employed you can also alter your browser settings so that the storage of cookies is not accepted. Please bear in mind that as a result it is possible you will only have limited use of our website or will be unable to access it at all.

Google Analytics

This website uses functions of the web analysis service Google Analytics by Google LLC. The responsible body for users in the EU/ the EEA and Switzerland is Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (hereinafter: “Google”).

Google Analytics employs cookies that allow your use of the website to be analysed. Generally speaking, the information generated by the cookies are stored on a Google server in the United States and stored there. We have activated the IP-anonymization “annonymizeIp()”. As a result, IP addresses are further processed by Google in abbreviated form within member states of the EU and in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the United States and abbreviated there. Google will process this information on our behalf to evaluate your use of the website, compile reports about website activities and perform the services connected with website and Internet use. According to Google, the IP address transmitted from your browser as part of Google Analytics is not combined with other data from Google.

The use of your personal data is based on your consent (section 6 para. 1 sent. 1 lit. a DSGVO). For the United States, the European Commission has adopted an adequacy decision with regard to the EU-US Data Privacy Framework. Google LLC is certified under the EU-US Data Privacy Framework. That said, as Google servers are distributed worldwide and it cannot be entirely ruled out that personal data are transferred to third countries (like Singapore), we have also concluded the standard EU contractual clauses with the provider.

You will find further information on conditions of use and data processing in connection with Google Analytics as well as setting options and opt-outs under https://marketingplatform.google.com/about/analytics/terms/de/ and under https://policies.google.com/?hl=de .

6. Your rights

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 the consent you have granted in accordance with Article 6.1.a) of the European Union’s General Data Protection Regulation (GDPR).

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 6.1.b) of the GDPR), (ii) for the fulfilment of legal obligations to which we are subject (Article 6.1.c) of the 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 6.1.f) of the GDPR).

5. Your rights

You have the following rights in accordance with the provisions of the law, (in particular the DSGVO and the Bundesdatenschutzgesetz (Federal Data Protection Act) and in compliance with the conditions specified there:

You have the right to receive information about your personal data we have stored.

You have the right to demand that we correct or complete your stored data, if the information is incorrect or incomplete.

Moreover, you can demand the deletion of your personal data, forbid its transfer to a third party, or insist that its processing is restricted.

If we process your data in our legitimate interest, you can object to the processing at any time for reasons arising from your particular situation. We will then no longer process this data unless we can demonstrate compelling legitimate grounds that outweigh your interests, rights, and liberties, or if the processing serves the establishment, exercise, or defence of legal claims. If the objection is also or only directed against data processing for direct advertising, we will no longer process your personal data for this purpose.

If you have consented to the processing of your personal data, you can withdraw that consent at any time with effect for the future, i.e., the revocation does not affect the legality of the processing conducted on the basis of your consent prior to you withdrawing your consent.

Moreover, you are entitled to lodge a complaint with a data protection authority.

6. Storage period

We process and store your data for the duration of our business relationship. This includes the imitation of a contract and the performance of a contract.

In addition, we are subject to various safekeeping and documentation obligations, ensuing amongst other things from the German Commercial Code and the German Fiscal Code. The time periods stipulated there for the retention or documentation of information can be up to ten years beyond the end of the business relationship or the pre-contractual legal relationship.

Moreover, special statutory provisions may require a longer retention period such as the preservation of evidence within the scope of the statutory limitation period. According to sections 195 ff. 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 needed for the fulfilment of contractual or legal obligations and rights, they are regularly deleted, unless their – limited – processing is necessary for the fulfilment of the purposes set out under item 1 lit. b) arising from a largely legitimate interest. Such a legitimate interest is considered to exist, for example, if given the special manner of storage deletion would require a disproportionately large effort and processing for other purposes using suitable technical and organization measures can be excluded.

7. Transfer of data to third countries

Data transfer to bodies domiciled in countries outside the European Union (“EU”) or the European Economic Area countries (“EEA”) (so-called “third-party countries”) takes place when it is necessary for the performance of a contract with you, it is prescribed by law, we or a third party have a legitimate interest to do so, or you yourself have consented to the transfer. The processing of your data in a third country can also be conducted in connection with the engagement of service providers charged with processing a contract. If there is no decision by the EU Commission on an adequate level of data protection in the country in question, we ensure that your rights and freedoms are adequately protected in line with EU data protection regulations by means of appropriate contracts. We can provide you with the relevant detailed information on request.

8. Changes to this Data Privacy Statement

We are entitled to alter or adapt the Data Privacy Statement at any time. All significant changes will be published on our website before the change comes into effect. Please check regularly to see if there are any changes to our Data Privacy Statement.

9. Contact

Should you have any questions or wish to comment on or inquire about this Data Privacy Statement, or wish to exercise your rights please contact:

pwr development GmbH
Krisztina Guhl
Rosenthaler Straße 42
10178 Berlin

T +49 (30) 72 62 175 58
F +49 (30) 72 62 175 99
k.guhl@pwrdevelopment.com