We, Shams Immobilien GmbH (hereinafter: “the company”, “we” or “us”), take the protection of your personal data seriously and would like to inform you here about data protection in our company.
Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the EU General Data Protection Regulation (Regulation (EU) 2016/679 coming into force; hereinafter: “GDPR”) to ensure the protection of personal data of the person affected by a data processing (we also refer to you as the data subject hereinafter as the “customer”, “user”, “you” or “data subject”).
Insofar as we decide either alone or jointly with others on the purposes and means of data pro-cessing, this includes above all, the obligation to inform you transparently about the nature, scope, purpose, duration, and legal basis of the processing (cf. Art. 13 and 14 DS-GVO). With this dec-laration (hereinafter: The “data protection notice”), we inform you about the manner in which your personal data is processed by us.
Our data protection information has a modular structure. It consists of a general part for all processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part where in each case, the content relates solely to the processing situation specified by designating a respective offer or product, in particular visiting websites (B. Visit to Websites) and bookings of apartments (C. Bookings), which are described in more detail here.
In order to be able to find the parts that are relevant to you, please refer to the following overview for the breakdown of the data protection notices:
|Part||Designation||This part is for you|
|Part A||General||always relevant.|
|Part B||Website and Social Media Presence||relevant if you use our German website, including our social media presence.|
|Part C||Bookings||relevant when you book flats.|
(1) Information on the collection of personal data
In the following, we inform you about the collection of personal data when using our website.
Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviour.
(2) The name and address of the data controller
We are the data controller for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:
Shams Real Estate Ltd.
For further information on our company, please refer to the imprint details on our website https://munich-finest-apartments.com/impressum/.
(3) Legal basis for data processing
In principle, any processing of personal data is prohibited by law and only permitted if the data processing falls under one of the following justifications:
- Art. 6 para. 1 p. 1 lit. a GDPR (“consent”): If the data subject has indicated voluntarily, in an informed manner and unambiguously by a statement or other unambiguous af-firmative action that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
- Art. 6 para. 1 p. 1 lit. b GDPR: If processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject;
- Art. 6 para. 1 p. 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
- Art. 6 para. 1 p. 1 lit. d GDPR: If processing is necessary to protect the vital interests of the data subject or another natural person;
- Art. 6 para. 1 p. 1 lit. e GDPR: Where processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller, or
- Art. 6 para. 1 p. 1 lit. f GDPR (“Legitimate Interests”): If processing is necessary to safeguard legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject prevail (in particular, if the data subject is a minor).
We indicate below the applicable legal basis in each case for the processing operations carried out by us. A processing operation may also have several legal bases.
(4) Data deletion and the storage period
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. Your data will only be stored on our servers in Germany, subject to any transfer in accordance with the provisions in A.(7) and A.(8).
However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is required by statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
(5) Data security
We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction, or against unauthorised access by third parties (e.g. TSL encryption for our website), taking into account the latest tech-nology, implementation costs, and the nature, scope, context, and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on the request. Please contact us directly (see A.(2)).
(6) Cooperation with processors
We use external service providers (e.g. for IT, logistics, telecommunications, sales, and marketing) to process our business transactions. These service providers only act on our instructions and are contractually obliged to comply with data protection regulations in accordance with Article 28 of the GDPR
(7) Conditions for the transfer of personal data to third countries
In the course of our business relationships, your personal data may be passed on or disclosed to
third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. This type of processing takes place exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points.
Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). How-ever, in other third countries to which personal data may be transferred, there may not be a con-sistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates, or recognized codes of conduct. Please contact us (see under A.(2)) if you would like more information on this.
(8) No automated decision making (including profiling)
We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).
(9) No obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the services we offer presented below, you will be informed of this separately.
(10) Legal obligation to transmit certain data
We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular, public bodies (Art. 6 para. 1 p. 1 lit. c GDPR).
(11) Your rights
You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). You have the following rights with regard to the personal data concerning you:
– Right to information,
– Right to rectification or erasure,
– Right to restriction of processing,
– Right to object to processing,
– Right to data portability.
You also have the right to complain to a data protection supervisory authority about our processing of your personal data.
(12) Changes to the data protection notice
In the context of the further development of data protection laws, as well as technological or
organisational changes, our data protection information is regularly checked for the need to adapt or add to it. You will be informed of any changes, in particular, via our website. This data protection notice is valid as of December 2020.
B. Visiting websites
(1) Explanation of the function
You can obtain information about our company and the services we offer in particular at www.munich-finest-apartments.com together with the associated sub-pages (hereinafter jointly referred to as the “Websites”). When you visit our Websites, personal data may be processed.
(2) Personal data processed
During the informative use of the Websites, the following categories of personal data are collected, stored, and processed by us:
“Log data”: When you visit our Websites, a log data record (server log file) is stored temporarily and anonymously on our web server. This consists of:
– the page from which the page was requested (the referrer URL)
– the name and URL of the requested page
– the date and time of access
– the description of the type, language, and version of the web browser used.
– the IP address of the requesting computer, which is truncated so that a personal ref-erence can no longer be established.
– the amount of data transferred
– the operating system
– the message as to whether the access was successful (access status/http status code).
– the GMT zone difference
“Contact form-data”: When contact forms are used, the data transmitted through these is processed (e.g. gender, surname and first name, address, company, e-mail address, and the time of trans-mission).
(3) Purpose and legal basis for data processing
We process the personal data described in more detail above in accordance with the provisions of the GDPR, the other relevant data protection regulations, and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 para. 1 p. 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.
The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f GDPR).
Contact form data is processed for the purpose of handling customer inquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f GDPR).
(4) Duration of the data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes applies accordingly. With regard to the use and storage period of cookies, please note point A.(4).
Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services for us according to the respective order.
You can find more details on the storage period under A.(4).
(5) Transfer of personal data to third parties; Basis of justification
The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data
- Service providers for the operation of our Website and the processing of data stored or transmitted by the systems (e.g. for data centre services, IT security). The legal basis for transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, insofar as it does not involve order processors;
- Government agencies/authorities, insofar as this is necessary for the fulfillment of a legal ob-ligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c GDPR;
- Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions, or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A.(8).
In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a GDPR.
Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that are not personally identifiable. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:
- Technical cookies: these are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
- Performance cookies: these collect information about how you use our website, which pages you visit, and, for example, whether errors occur during website use; they do not collect information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;
- Advertising cookies, targeting cookies: These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
- Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
(1) Use of our booking service
If you would like to book via our website, it is necessary for the conclusion of the contract that you provide your personal data, which we require for the processing of your booking. Mandatory in-formation required for the processing of the reservation is marked separately, other information is voluntary. We process the data you provide to process your booking. For this purpose, we may pass on your payment data to our house bank. The legal basis for this is Art. 6 para. 1 p. 1 lit. b GDPR.
For the processing of online payments, we use the external payment service provider Adyen N.V. German Branch (Friedrichstraße 63, 10117 Berlin, Tel. +49 (0)30 30808505), through whose platform you can initiate payment transactions based on your free decision.
We may also process the data you provide to inform you of other interesting offers by email.
(2) The Storage period
We are obliged by commercial and tax law to store your address, payment, and booking data for a period of ten years. However, we restrict processing after two years, i.e. your data is only used to comply with legal obligations.
(3) Protection of your data
To prevent unauthorized access by third parties to your personal data, in particular financial data, the ordering process is encrypted using TLS technology.