(Version of 01.02.2022)
The Controller, within the meaning of data protection law, is:
Peach Property Management GmbH & Co. KG
represented by its general partner PPM Verwaltung GmbH,
which is represented in turn by managing directors Dr Thomas Wolfensberger and Thorsten Arsan.
Im Zollhafen 24 / Kranhaus Süd
Tel.: +49 221 299230
Fax: +49 221 29923 200
2. Data Protection Officer
Mr Adrian Freidank
Tel.: +49 221 29923-0
3. Purposes and legal bases of data processing
3.1 General remarks
We process your personal data in accordance with the provisions of the General Data Protection Regulation, the German Federal Data Protection Act and other applicable data protection regulations. “Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
The purposes of the data processing and the corresponding legal bases are listed below.
3.2 Informational use of the webseite
You can visit our website without providing any personal information. If you use our website for information purposes only, i.e. if you do not send us any personal information via a contact form, we do not collect any personal data, with the exception of the data transmitted by your browser to enable you to visit the website and information transmitted to us in connection with cookies that we use.
3.2.1 Technical provision of the website
For technical provision of the website, it is necessary for us to process certain information transmitted automatically by you so that your browser can display our website and you can use the website. This information is collected automatically on every visit to our website and stored in our server log files. The information relates to the requesting computer system. The following information is collected:
- Website visited
- Time of access
- Amount of data sent in bytes
- Source/link from which you reached the site
- Browser used
- Operating system used
- IP address used
We use maps from Google Maps in the “Contact” and “Rent an apartment” sections of our website to show you the locations of our offices and the properties we rent out. Google Maps is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. When you visit this area of our website, your browser transfers your IP address to Google so that Google can transfer the map material to your browser. When you enter a location (e.g. your current location or your home address) to plan a route, this information is also transferred to Google.
184.108.40.206 Legal basis
We process your personal data for the technical provision of our website on the following legal bases:
- For the performance of a contract or in order to take steps prior to entering into a contract pursuant to Art. 6 (1) (b) GDPR, if you visit our website to obtain information about our range of goods, in the web shop in particular, and about our events; and
- For the protection of our legitimate interests pursuant to Art. 6 (1) (f) GDPR, to enable us in technical respects to provide the website to you. Here, our legitimate interest lies in being able to provide you with an attractive, technically functional and user-friendly website.
3.2.2 Statistical analysis of the use of the website
For statistical analysis of the use of our website, we use Google Analytics and thus cookies, which enable an analysis of your surfing behaviour. This allows us to improve the quality of our website and its content. We learn how the website is being used, so that we can continually optimise our content.
The information obtained in connection with statistical analysis of our website is not combined with your other data collected in connection with the website.
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses what are known as “cookies”, text files which are stored on your computer and which 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 and stored on a Google server in the USA. However, if IP anonymisation is enabled on this website, Google will truncate your IP address within Member States of the European Union or in other signatory states of the Agreement on the European Economic Area (EEA). Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website and Internet usage to the website operator. The IP address transmitted by your browser in connection with Google Analytics is not combined with other data from Google.
This website uses Google Analytics with the “_anonymizeIp()” extension. This means that IP addresses are truncated for further processing, in order to prevent any direct association with an individual.
You have the option to deactivate Google Analytics tracking below. However, please note that if you do this, you may not be able to use all of the features of this website to their full extent.
I would like to deactivate the storage of cookies by Google Analytics.
You can prevent Google from collecting and processing the data generated by the cookie and relating to your use of the website (including your IP address) by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the browser plugin, you can click on this link to prevent Google Analytics from collecting data on this website in the future. This will place an opt-out cookie on your end device. If you delete your cookies, you must click on the link again.
http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/ .
220.127.116.11 Legal basis
We process your personal data for statistical analysis of the use of our website on the following legal bases:
- For the protection of our legitimate interests pursuant to Art. 6 (1) (f) GDPR in conjunction with Sec. 15 (3) TMG; our legitimate interest lies in our ability to tailor the design of our website to the needs of users.
3.3 Active use of the website
In addition to using our website for information purposes only, you can also use it actively to contact us. In this case, in addition to processing your personal data as described above when you use the site for information purposes only, we will also collect and process other personal data from you that we require in order to process and respond to your enquiry.
3.3.1 User enquiries
We process the personal data you provide when you send enquiries to us, e.g. via the contact form or to our e-mail address, in order to be able to process and respond to your enquiries. In any case, this includes your name and e-mail address in order to reply to you, as well as the other information you send us in your message.
18.104.22.168 Legal basis
We process your personal data in order to respond to user enquiries on the following legal bases:
- For the protection of our legitimate interests pursuant to Art. 6 (1) (f) GDPR; our legitimate interest lies in responding appropriately to customer enquiries.
3.3.2 Letting enquiry
If you send us an enquiry regarding an advertisement on our website www.peach.immo under “Wohnung mieten”, we collect personal data from you in order to respond to the enquiry, process it and forward it to the estate agent. We collect the information that appears in the respective input forms (mandatory information is marked with an asterisk “*”):
- First and last names
- Telephone number
- E-mail address
- Type of employment
- Type of income
- Monthly net income
- Personal message
Forwarding to the estate agent
We forward your personal data to the estate agent indicated in the respective advertisement so that they can contact you directly to arrange a viewing time.
Compliance with legal provisions
We also process your personal data in order to comply with other legal obligations to which we are subject in connection with handling the letting enquiry. These include, in particular, retention periods under commercial, trade or tax law.
Enforcement of rights
We also process your personal data in order to assert our rights and enforce our legal claims, and to defend ourselves against legal claims. In addition, we process your personal data to defend ourselves against legal claims. Lastly, we process your personal data to the extent necessary for the prevention or prosecution of criminal offences.
22.214.171.124 Legal basis
We process your personal data for the purposes of processing letting enquiries and entering into or performing a rental agreement on the following legal bases:
- For the performance of a contract or in order to take steps prior to entering into a contract pursuant to Art. 6 (1) (b) GDPR; and
- To protect our legitimate interests pursuant to Art. 6 (1) (f) GDPR when establishing legal claims, defending ourselves against legal claims or preventing or investigating criminal offences.
3.3.3 WhatsApp ChatBot
As a tenant or prospective tenant, you can contact our virtual assistant (ChatBot) via WhatsApp. When you use the ChatBot, we process the data we already have from you, in order (for example) to identify you as our tenant and to process your enquiry correctly or forward it to the right place. Otherwise, we process the data you entered during your contact with our ChatBot. The data we collect and process might include:
- the phone number you sign into WhatsApp with
- WhatsApp user name,
- last name,
- first name,
- E-mail addresse,
- telephone number,
- the best time to contact you by phone,
- date of birth,
- whether you have already been a tenant with us,
- desired move-in date,
- number of people moving in,
- whether you have a certificate of eligibility for subsidised housing,
- whether you are a self-payer,
- how you became aware of us,
- desired location,
- type of property sought (e.g. apartment, parking space),
- maximum rental costs,
- minimum surface area,
- minimum number of rooms,
- rental contract number,
- nature of your enquiry,
- brief description of your enquiry,
- further information you provide to us in the free text.
We process the data listed above in order to process your application in response to an advertisement for an apartment, or if you are already a tenant with us, to respond to your enquiries.
126.96.36.199 Legal basis
We process your personal data for the purposes of processing letting enquiries and entering into or performing a rental agreement on the following legal bases:
- For the performance of a contract or in order to take steps prior to entering into a contract pursuant to Art. 6 (1) (b) GDPR;
- Based on your consent pursuant to Art. 6 (1) (a) GDPR.
3.3.4 Investors’ newsletter
You can subscribe to a free newsletter on our website, in which we report on price-sensitive or current information. This service complies with the requirements of the SIX Swiss Exchange Directive on Ad hoc Publicity [German acronym: RLAhP] of 29 October 2008. We process the data entered in the input mask when you register for the newsletter. Only the data marked with an asterisk “*” are required for subscription to the newsletter.
We also collect the following data during the registration:
- IP asdress
- Date and time of registration
188.8.131.52 Legal basis
We process your personal data for the purpose of sending out our investors’ newsletter, based on your consent pursuant to Art. 6 (1) (a) GDPR.
4. Categories of recipients
In the first instance, we disclose your personal data only to our employees. We also share your personal data to the extent permitted or required by law with other recipients who provide services to us in connection with our website. We limit the disclosure of your personal data to that which is necessary, in particular so that we can process your letting enquiries. In some cases, our service providers receive your personal data as processors. They are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act autonomously with your data that we transmit to them.
The categories of recipients of your personal data are listed below:
- IT service providers involved in administering and hosting our website and operating the WhatsApp ChatBot,
- Operators of analytics services involved in analysing usage behaviour on our website.
5. Third-country transfer
In connection with our use of Google Analytics, we transfer your truncated IP address to the USA. The data transfer is based on Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield.
In some cases, we transfer data to affiliated companies within the Group or to service providers in Switzerland, where an adequate level of data protection exists in accordance with an EU Commission adequacy decision. We do not otherwise transfer your personal data to countries outside the EU or the EEA or to international organisations.
6. Duration of storage
6.1 Informational use of the website
We do not store any personal data on our servers in the case of purely informational use of our website.
6.2 Active use of the website
When you use our website actively, we store your personal data initially for the duration of the response to your enquiry or of the initiation of a contract (pre-contractual legal relationship).
As a general principle, when entering into a rental agreement, we generally store your personal data only for as long as we need them for the performance of the tenancy. As SCHUFA sometimes carries out spot checks on our legitimate interest for up to 18 months after our request, we will erase your data only after those 18 months have elapsed, even if your application is unsuccessful.
We erase the data as soon as we no longer need them, unless there is a legal data retention obligation, e.g. under the German Commercial Code [German acronym: HGB] (Secs. 238 and 257 (4) HGB) or the German Fiscal Code [German acronym: AO] (Sec. 147 (3) or (4) AO). Those retention obligations can range from two to ten years.
We anonymise the data collected when you use our virtual assistant (ChatBot)
- after ten minutes if you do not consent to the storage of optional information,
- three months after your last contact with our virtual assistant.
Anonymisation includes all data that allow us to identify you, including all data you have entered in WhatsApp.
7. Your rights as a data subject
In accordance with the legal requirements, you are entitled to the following rights as a data subject, which you may assert against us:
- Right of access: Under Art. 15 GDPR, you have the right to obtain from us at any time confirmation as to whether or not we are processing personal data concerning you; where that is the case, you also have the right under Art. 15 GDPR to receive access to the personal data and certain other information (including the purposes of the processing, the categories of personal data, the categories of recipients, the envisaged storage period, your rights, the origin of the data, the use of automated decision-making and, in the case of data transfer to a third country, the appropriate safeguards) and a copy of your data.
- Right to rectification: In accordance with Art. 16 GDPR, you have the right to obtain from us the rectification of inaccurate or incorrect personal data stored concerning you.
- Right to erasure: Subject to what is set out in Art. 17 GDPR, you have the right to obtain from us the erasure of personal data concerning you without undue delay. The right to erasure shall not apply, inter alia, if the processing of the personal data is necessary for (i) exercising the right of freedom of expression and information, (ii) compliance with a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the establishment, exercise or defence of legal claims.
- Right to restriction of processing: Subject to what is set out in Art. 18 GDPR, you have the right to obtain from us the restriction of processing of your personal data.
- Right to data portability: Subject to what is set out in Art. 20 GDPR, you have the right to receive from us the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format.
- Right to withdraw consent: You have the right to withdraw your consent at any time with effect for the future
- Right to object: Subject to what is set out in Art. 21 GDPR, you have the right to object to the processing of personal data concerning you, so that we have to stop processing your personal data. The right to object exists only within the limits provided for in Art. 21 GDPR. Furthermore, our interests may conflict with stopping the processing, so that we are authorised to process your personal data despite your objection.
- Right to lodge a complaint with a supervisory authority: If you consider that the processing of personal data relating to you infringes the GDPR, you have the right, subject to what is set out in Art. 77 GDPR, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence or place of work or of the place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy
The supervisory authority responsible for us is:
North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information
8. Obligation to provide data
As a general principle, you are not obliged to provide your personal data to us. If you do not do so, however, we will not be able to provide our website to you, respond to your enquiries or forward them to the estate agent responsible. Personal data that we absolutely need for the processing purposes referenced 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 to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) (e) (the performance of a task carried out in the public interest) or Art. 6 (1) (f) GDPR (legitimate interest of the controller), including profiling based on those provisions. We shall no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or unless the purpose of the processing is the establishment, exercise or defence of legal claims.