David Borck Immobiliengesellschaft mbH

In the context of usage of our websites personal data of yours will be processed by us as the entity responsible for data processing and be stored for the length of time necessary for the defined purposes and the fulfilment of statutory obligations. We shall be informing you in the following as to which data are affected hereby, the manner in which they are processed and the rights you have in this respect.

According to Art. 4 No. 1 of the General Data Protection Regulation (GDPR) personal data refers to all information that refers to an identified or identifiable natural person.

1. Name and contact data of the entity responsible for the processing as well as the company data protection officer

This data protection information applies to data processing on all of our websites that refer to this data protection information. The responsible entity is:

David Borck Immobiliengesellschaft mbH
Schlüterstr. 45
D-10707 Berlin

Email:           service@david-borck.de
Telephone:   +49 30 88774250
Fax:              +49 30 887742525

Our data protection officer may be contacted at the above address, attn.: Data Protection Officer or via datenschutz@david-borck.de.

Should you have any questions pertaining to data protection laws or your rights as an affected person you may approach our data protection officer directly at any time.

2. Processing of Personal Data and Purposes of the Processing

a) When visiting the Websites

You may call up our websites without necessarily giving any details regarding your identity. The browser used on your terminal device merely automatically transmits information to the servers on our websites (e.g. browser type and version, date and time of access) in order to be able to establish a connection to the website. These also include the IP address of your inquiring terminal device. This is stored temporarily in a so-called log file and will be automatically deleted after four weeks.

The processing of the IP address takes place for the technical and administrative purposes of the establishment and stability of the connection, of guaranteeing the security and functional capability of our websites and in order to be able, if necessary, to pursue any illegal attacks thereupon.

The legal basis for the processing of the IP address is Art. 6 Para. 1 Clause 1 lit. f GDPR. Our legitimate interests derive from the aforementioned security interest and the necessity of a disturbance-free provision of our websites.

We are not able to draw any immediate conclusions regarding your identity from the processing of the IP address and any other information contained in the log file.

We additionally use cookies and analysis services when our websites are visited. You will find more detailed explanations pertaining to this in Figures 4 and 5 of this data protection information.

b) Upon Registering for our Newsletters

Inasmuch as you have explicitly granted your consent in accordance with Art. 6 Para. 1 Clause 1 lit. a GDPR we shall be using your e-mail address for the purpose of regularly sending you our newsletters. We differentiate thereby between our newsletter that supplies you with general information pertaining to the activities of our company (hereinafter: “Company Newsletter”) and the newsletter that informs you pertaining to specific real estate offers (hereinafter: “Exposé Offers).

In the context of registration for a newsletter we also gather, in addition to your e-mail address, your first and last names as compulsory information in order to be able to send you personalised newsletters.

De-registration is possible at any time, e.g. via a link at the end of every newsletter. Alternatively you are also welcome to communicate your wish to de-register to us at any time by sending an e-mail to service@david-borck.de.

Your e-mail address will be deleted immediately after the revocation of your consent to the sending of the newsletter.

We send our Company Newsletter through the service Newsletter2Go offered by the provider Newsletter2Go GmbH, Köpenicker Str. 126, D-10179 Berlin, Germany (“Newsletter2Go”). Newsletter2Go has been certified by TÜV Rhineland as a services provider with an audited system of data protection management. Newsletter2Go uses the information provided by you for the sending and evaluation of the newsletter on our behalf. We have concluded an order processing contract with Newsletter2Go.

By means of Newsletter2Go we are able to measure and evaluate the conduct of the recipients of our newsletters. This involves the opening, click, bounce, delivery, de-registration, conversion and social sharing rates.

This analysis is effected on the basis of Art. 6 Para. 1 Clause1 lit. f GDPR, in order to optimise our newsletters. A legitimate interest within the meaning of the aforementioned regulation is to be seen herein.

c) When using our Contact Form

We offer you the possibility of establishing contact with us via a form provided on our website. We thereby collect the following compulsory information:

– Your first and last names and
– Your e-mail address.

While using our contact form we also obtain the so-called referrer to be able to retrace your way to our contact form. We require your first and last names in order to know who the inquiry has come from. We require your e-mail Address in order to be able to reply to your inquiry. You may also supply your telephone number as a voluntary detail. The provision of your telephone number serves the purpose of making it easier to establish contact with you. This data processing occurs on the basis of our legitimate interest according to Art. 6 Para. 1 Clause 1 lit. f GDPR. Replying to the contact inquiry and an internal evaluation of our services are legitimate interests according to this norm.

d) When using our valuation tool

We offer you the opportunity to value your property using a valuation tool provided on our website.  You can access the valuation tool via a pop-up window by clicking on a banner in the header of our website or via our sub website https://david-borck.de/immobilienbewertung.

We collect the following mandatory information:

– Type of property (house/flat/residential and commercial house/land)
– Salutation
– Your last name
– Your email address

We need salutation and surname in order to recognize from whom the inquiry originates. We need the type of property and your e-mail address in order to answer your enquiry. Depending on the type of property, we will ask you further voluntary questions, e.g. about the size of the property or the year of construction of the house. This allows us to provide a preliminary assessment of your property. You can also voluntarily provide us with your first name, company name and telephone number. The indication of your telephone number serves to contact you more easily and to simplify the communication with you.

We process your personal data based on our legitimate interest pursuant to Art. 6 Para. 1 S. 1 lit. f GDPR within the framework of answering your contact enquiry via the valuation tool in order to determine the value of your property and, if interested, to submit you an appropriate offer. This is a legitimate interest within the meaning of the aforementioned provision.

3. Forwarding of Data to Third Parties

As a general rule we do not forward your data to any third parties. The transmission of personal data can at most be an option if

– you have granted your explicit consent hereto in accordance with Art. 6 Para. 1 Clause 1 lit. a GDPR,
– there is a legal obligation to forwarding in accordance with Art. 6 Para. 1 Clause 1 lit. c GDPR.

4. Cookies

We use cookies on our internet site. These are small files that your browser automatically creates and which are stored on your terminal device (laptop, tablet, smartphone and suchlike) when you visit our site. Cookies do not cause any harm to your terminal device and do not contain any viruses, Trojans or other types of malware.

Information is stored in the cookie that always arises in the context of the terminal device specifically deployed in the respective case. This does not mean, however, that your identity is made known to us in this way.

The deployment of cookies serves the purpose of making the use of our offer more comfortable for you. For example, we use so-called session cookies in order to be able to tell that you have already visited individual sites on our website.

Additionally, we also use temporary cookies in order to increase user friendliness, which are stored on your terminal device for a certain predefined period of time. Should you visit our site once again in order to avail yourself of our services, it is automatically established that you had already visited us and which entries and settings you had made at that time, so that it is not necessary to enter these again.

Another reason why we deploy cookies is to statistically register the usage made of our website and in order to be able to assess the optimisation of our offer to you (cf. Figure 5). These cookies enable us to automatically establish that you had already visited us in the past in the event of a further visit. These cookies are deleted automatically after a predefined time set in the respective case has elapsed.

The data processed by cookies are necessary for the named purposes in order to preserve our legitimate interests and those of third parties in accordance with Art. 6 Para. 1 Clause 1 lit. f GDPR.

Most browsers accept cookies automatically. You may, however, configure your browser is such a way that no cookies are stored on your computer or that a warning always appears before a new cookie is created.

The full deactivation of cookies may, however, result in your not being able to use all the functions of our website.

5. Web Analysis

The tracking and targeting measures listed in the following and deployed by us are implemented on the basis of Art. 6 Para. 1 Clause 1 lit. f GDPR.

With the aid of the tracking measures used we wish on the one hand to ensure the needs-based designing and continuous optimisation of our website. On the other hand we use the tracking measures in order to statistically record the use of our website. We furthermore use the data for the optimised blending in of advertising. These interests are to be regarded as legitimate within the meaning of the aforementioned regulation.

The other targeting measures listed in the following and deployed by us are implemented on the basis of Article 6 Para. 1 Clause 1 lit. f GDPR. The targeting serves the purpose of targeted advertising. We wish by way of the targeting measures deployed to ensure that only advertising oriented towards your interests is displayed on your terminal devices.

The respective data processing purposes and data categories are to be gathered from the descriptions of the respective tracking tool.

a) Google Analytics

We use Google Analytics on our website, a web analysis service of Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, hereinafter “Google Inc.”). In this connection pseudonymised user profiles are created and cookies (cf. Fig. 4) are used. The information generated by the cookie relating to your usage of this website, such as

– Browser type/version,
– Operating system used,
– Referrer-URL (the site previously visited),
– Host name of the accessing computer (IP address),
– Time of the server inquiry,

are transmitted to a server operated by Google in the USA and stored there. Google observes the data protection provisions of the “US Privacy Shield” and is registered with the US Privacy Shield programme of the US Ministry of Trade. We have furthermore concluded with Google an order processing contract for the usage of Google Analytics.  Google gives its assurance by way of this contract that it will process the data in accordance with the provisions of the General Data Processing Regulation and guarantee the protection of the rights of the affected person.

The information is used to analyse the usage of our website, compile reports on the website activities and perform other services connected with the usage of the website and of the internet for purposes of market research and the needs-based designing of this internet site.

The information may also be transmitted to third parties, inasmuch as this is prescribed by law or third parties should process said data by order. Under no circumstances will your IP address be merged with other data possessed by Google. The ).

You may prevent the installation of the cookies by an appropriate setting of your browser software. We do point out, however, that in this case you might not be able to use all functions of the website to their full extents.

You may furthermore prevent the registration of the data generated by the cookie and which refer to your usage of the website (incl. your IP Address) and the processing of said data by Google by downloading and installing a browser add-on.

As an alternative to the browser add-on, in particular in the case of browsers located on mobile terminal devices, you may also prevent registration by Google Analytics by clicking on this link. An opt-out cookie is then set that prevents the future registering of your data when visiting this website. The opt-out cookie applies only in this browser and only to our website and will be stored on your device. If you delete the cookies in this browser you must set the opt-out cookie once again.

You may find further information pursuant to data protection in connection with Google Analytics in, for example, the Google Analytics Assistant.

b) Google AdWords

We use the Google service AdWords and, in this respect, conversion tracking, in order to measure the effectiveness of individual advertisements, offers and functions. To this end a cookie is set as soon as you click on a Google advertisement. This cookie does not serve the purpose of personal identification but is intended to make it possible to establish whether you, during the valid lifetime of the cookie, 30 days, re-visit the site with the specific offer.

Every AdWords customer receives a different cookie. Cookies may thus not be traced via the website of AdWords customers. The information obtained with the aid of the conversion cookies serve the purpose of compiling conversion statistics for AdWords customers who have decided in favour of conversion tracking. We learn the total number of users who have clicked on an advertisement and been guided to a site furnished with a conversion tracking tag.

You may permanently prevent the storage of the Google Conversion cookie by an appropriate setting of your browser software. The data protection declaration of Google on the matter of conversion tracking is to be found here.

c) Google AdWords Remarketing

We use Google Remarketing Tags, which are a service of Google Inc. Google uses cookies (see section 4), which are stored on your computer allowing analysis of your website usage. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to a Google server in the US and stored there. Google is subject to the EU-US Privacy Shield, which guarantees an appropriate level of data privacy.

The IP address is then shortened by Google by the last three digits, making a unique assignment of the IP address no longer possible. Google will use this information to evaluate your use of the website, compile reports on website activity for website operators and provide other website and internet usage-related services.

Google may furthermore forward this information to third parties as required by law, and to third parties processing this data on Google’s behalf. Third parties, including Google, place ads on internet websites. Third parties, including Google, use stored cookies to serve ads based on previous visits to this site by a user. Google will never associate your IP address with any other data held by Google. You may revoke permission for data collection and storage at any time with effect for the future. You may deactivate the use of cookies by Google by visiting the page for deactivating Google advertising.

However, please be advised that you may not be able to use all functionalities of this website to their full extent in such case. By using this website, you consent to the processing of data gathered about you by Google in the manner and for the purpose outlined above. Further information about Google´s policies can be found here.

d) Google DoubleClick

On our website information is registered and evaluated using cookies in order to optimise advertising pop-ups. For this purpose we use targeting technologies of Google Inc. (Double Click, Double Click Exchange Buyer, Double Click Bid Manager).

These technologies enable us to approach you purposefully with individual, interest-related advertising. The cookies register, for example, those of our contents in which you have shown interest. On the basis of the information we are also able to display to you offers on the sites of third parties that are specifically oriented towards your interests as these may be deduced from your previous conduct as a user. The registration and evaluation of your conduct as a user is effected exclusively by pseudonym and does not enable us to identify you.

The cookie will be automatically deleted after 30 days.

You may also undertake settings for the display of interest-related advertisements using the advertising setting manager supplied by Google.

Further information and the data protection provisions regarding advertising and Google can be found in the data protection declaration and conditions of usage of Google.

e) Google Tag Manager

We furthermore use the Google Tag Manager from Google on our website. With the aid of the Google Tag Manager we manage the tools we are informing you about in this data protection declaration. Please, therefore refer to the information regarding the specific tool in question for more details on any of these tools

The Tool Tag Manager itself (which implements the tags) is a cookie-free domain. The tool takes care of the dissolution of other tags which may possibly themselves register data. Google Tag Manager does not access these data. If deactivation has taken place at domain or cookie level this shall remain in existence for all tracking tags that have been implemented with the aid of Google Tag Manager.

Further information pertaining to the Google Tag Manager may be found in the usage guidelines for this product.

f) Bing Ads

We use Bing Universal Event Tracking (UET) by Microsoft Bing Ads. This is a service offered by the Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (hereinafter: “Microsoft”). This enables us to track the activities of users on our website should they have reached our website via advertisements from Bing Ads.

If you reach our website via a Bing Ads advertisement a cookie will be set on your computer. A Bing UET-Tag is integrated on our website. This is a code by way of which, in conjunction with the cookie, some non-personal data concerning the usage of the website are stored. These include the length of the visit to the website, which areas of the website had been called upon and the advertisement via which the users had reached the website. Information regarding your identity is not registered.

This information is transmitted to servers of Microsoft in the USA and stored there, as a basic rule, for a maximum of 180 days. Microsoft observes the data protection provisions of the “US-Privacy Shield” and is registered with the “US-Privacy Shield” programme of the US Ministry of Trade. We have also concluded with Microsoft an order processing contract for the use of Bing Ads. By way of this contract Microsoft gives its assurance that the data are processed in accordance with the General Data Protection Regulation and the protection of the rights of the affected person are guaranteed.

More detailed information pertaining to the analyses services of Bing may be found on the Bing website.

More specific information on the topic of data protection at Microsoft may be found in the data protection provisions of Microsoft.

g) Facebook Pixel/Facebook Tracking

We use Facebook Website Custom Audiences of Facebook Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland). This is a marketing service offered by Facebook. This enables us to cause individually coordinated and interest-related advertising on Facebook to be displayed to certain groups of pseudonymised visitors to our websites who also use Facebook.

A Facebook Custom Audience Pixel Tag is integrated within our website. This is a Java Script code by means of which non-personal data pertaining to the usage of the website are stored. These include your IP address, the browser used and the departure and target sites. This information is transmitted to servers of Facebook in the USA. Facebook is subject to the EU-US Privacy Shield, so that an appropriate level of data protection is guaranteed.

Here an automated comparison takes place whether you have saved a Facebook cookie. It is automatically established via said Facebook cookie whether you belong to the target group relevant to us. If you should belong to the target group our appropriate advertisements will be displayed to you on Facebook. During this procedure you will not be personally identified as a result of the comparison of the data, neither by ourselves nor by Facebook.

You may object to the use of the service Custom Audience on the website of Facebook. After logging into your Facebook account you will reach the settings for Facebook advertising pop-ups.

You may find more detailed information on data protection at Facebook in the data protection guideline of Facebook.

We use so-called Web Fonts that are provided by Adobe Typekit, a service of Adobe Systems Inc., 345 Park Avenue, San Jose, CA 95110-2704. When you call up our website your browser loads the required web fonts into your browser cache in order to be able to display typefaces correctly.

For this purpose the browser you use must establish connections to the servers of Adobe Typekit. Your IP address will thus be transmitted to Adobe in the USA. You may find more detailed information in the data protection pointers of Typekit, which you may call up here.

We use Adobe Typekit on the basis of Art. 6 Para. 1 Clause 1 lit. f GDPR, in order to be able to present our website appropriately. A legitimate interest within the meaning of the aforementioned regulation is to be seen herein.

7. Affected Person’s Rights

You have the right:

– To demand in accordance with Art. 15 GDPR information pertaining to your personal data process by us. You may in particular demand information pertaining to the purposes of processing, the category of personal data, the categories of recipient to whom your data have been disclosed or will be disclosed, the intended duration of storage, the existence of a right of correction, deletion, restriction upon processing or objection, the existence of a right of complaint, the origin of your data should these not have been collected by us and of the existence of an automated decision-making process including profiling and, where appropriate, meaningful information concerning the details thereof;

– To demand in accordance with Art. 16 GDPR the immediate correction of incorrect data affecting you and/or to the completion of any incomplete data of yours stored by us;

– To demand in accordance with Art. 17 GDPR the deletion of your personal data stored with us inasmuch as the processing should not be necessary for the exercising of the right of free speech and information, fulfilment of a legal obligation, for reasons that lie in the public interest or for the assertion, exercising or defending of legal entitlements;

– To demand in accordance with Art. 18 GDPR the restriction of the processing of your personal data inasmuch as the correctness of your data is disputed by you; if processing of the data should be illegal but you reject their deletion and we no longer need the data but you should require them for the assertion, exercising or defending of legal entitlements or if you have objected to the processing on the basis of Art. 21 GDPR;

– To demand in accordance with Art. 20 GDPR to receive the personal data which you have supplied to us in a structured, standard and machine-readable format or to demand transmission to another responsible person;

– To revoke in accordance with Art. 7 Para. 3 GDPR the consent you may have granted to us to the processing of data at any time with effect for the future. The consequence of this will be that we shall not be permitted to continue in the future the processing of data that was based upon said consent and

– To complain in accordance with Art. 77 GDPR to a supervisory authority. As a general rule you may address yourself for this purpose to the supervisory authority responsible for your normal place of residence, the place at which your workplace is located or the head office of our company.

8. Right of Objection

Inasmuch as your personal data are processed on the basis of legitimate interests according to Art. 6 Para. 1 Clause 1 lit. f GDPR you have the right to lodge an objection to the processing of your personal data in accordance with Art. 21 GDPR inasmuch as grounds are given for this that derive from your own particular situation or the objection is aimed against direct advertising. In the latter case you possess a general right of objection that will be realised by us without the need to invoke a particular situation.

Should you wish to exercise your right of objection an e-mail to service@david-borck.de shall be sufficient.

9. Data Security

All personal data submitted by you will be transmitted in encrypted form using the commonly accepted and safe standard TLS (Transport Layer Security). TLS is a safe and tried and tested standard that is, for example, also used in online banking. You may recognise a safe TLS connection, inter alia, by the “s” suffixed to http (i.e. https://..) in the address bar of your browser or by the lock symbol in the lower area of your browser.

We otherwise use suitable technical and organisational security measures in order to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or the unauthorised access of third parties. Our security measures are being continuously improved in accordance with technological developments.

10. Topicality and Amendment of this Data Protection Information

This data protection information is currently valid and up-to-date as of May 2018.

The further development of our website and offers pertaining thereto or altered statutory or official specifications may render it necessary to amend this data protection information. The latest data protection information valid at a particular time may be retrieved and printed out whenever you wish at

https://www.david-borck.de/#dataprotection.

GENERAL TERMS OF CONTRACT AND OF USE

ART. 1
SCOPE

These Terms of Contract and of Use govern the use of the online offer of David Borck Immobiliengesellschaft mbH,Schlüterstr. 45 10707 Berlin (hereinafter: Broker) under the domain name www.david-borck.de (hereinafter: Website) and the contractual relationship between the Broker and its customers.

ART. 2
CONTENT, COPYRIGHTS

(1) The offers on the Website and in the synopses are based on the data and information received from the owner or other third parties and are not checked by the Broker. The offers are without obligation and non-binding.

(2) All rights to the contents of the Website and the synopses are vested in the Broker unless otherwise stipulated. The customer is prohibited from copying, disseminating and/or publishing copyrighted contents outside of the legal limits of Art. 44a et seq. Copyright Law. This prohibition exists irrespective of the form in which the contents is copied, disseminated and/or published and also refers explicitly to the inclusion of copyrighted contents for direct access (so-called embedded content).

ART. 3
COMMISSION

(1) The client undertakes to pay a commission to the broker for brokering the conclusion of a sale or rental agreement. In the case of sale agreements, the commission shall amount to 7.14% of the sales price incl. sales tax; in the case of rental agreements, the commission shall amount to 2 times the net monthly rent (plus sales tax in each case), unless otherwise stated in the following paragraphs or in the prospectus provided by the broker.

(2) If the client is a prospective tenant looking for an apartment to rent and for whom the opportunity to conclude rental contracts for residential premises has been brokered, the client shall not be obliged to pay a commission unless, in deviation from (1) above, the client has commissioned the broker to act exclusively on client’s behalf to broker an apartment from a landlord or another entitled party.

(3) If the client is a private consumer and the broker has been mandated to mediate the conclusion of a sales agreement for an apartment or a single-family house, the commission, in deviation from (1) above, amounts to only 3.57% of the sales price incl. sales tax, unless another figure is expressly stated in the prospectus.

(4) The sales price shall be the agreed price of the property plus the value of any encumbrances assumed to reduce the sales price (e.g. right of residence in rem).

(5) The commission is due upon conclusion of the sales agreement or main agreement, without the need for a separate invoice.

(6) Whenever the broker markets a property as “commission-free” for the buyer, this means that the broker has been mandated by the seller and does not conclude a brokerage contract in the sense of Section 652 of the German Civil Code (BGB) with the client. In this case, the client shall not be obligated to pay a brokerage fee to the broker. Notwithstanding the above, the broker’s General Terms of Contract and of Use shall also apply in full to broker’s legal relationship with the client.

ART. 4
PROHIBITION AGAINST DISCLOSURE

(1) The customer undertakes not to exploit any of the offers, information or synopses transmitted by the Broker or disclose or provide it to third parties without the Broker’s prior written consent.

(2) For every proven violation against the obligation in Art. 4 (1) of these General Terms of Contract and of Use, the customer pays a contractual penalty to the Broker in the amount of the lost commission according to Art. 3 (1) of these General Terms of Contract and of Use on concluded sales or principal agreements if subsequently a sales or principal agreement is concluded between the third party and the owner without involving the Broker. To calculate commission, Clause Art. 3 (1) of these Terms applies accordingly.

(3) The above prohibition against disclosure also applies beyond the end of the contractual relationship.

ART. 5
CUSTOMER DATA

The customer assures that the data provided by him is relevant and complete.

ART. 6
DUAL AGENCY

The Broker is entitled to work for both the owner as well as the customer.

ART. 7
LIABILITY

(1) The Broker is not liable for the accuracy and completeness of the offers listed on the Website or in the synopsis. If third party contents (videos, pictures), which is marked as such, is embedded in the Website or in the synopsis, the Broker assumes no responsibility for the accuracy and/or legality of these contents. Independent of this, the Broker is liable for the diligent and expert provision of its contractual services as well as for their faultlessness.

(2) Unlimited liability: The Broker is liable in the case of intent and gross negligence. For slight negligence, the Broker is liable for damages arising from injury to life, limb and health of persons.

(3) Limitations of liability: Otherwise, the Broker is liable for slight negligence only

if an essential contractual duty has been violated whose fulfilment is a pre-requisite for being able to execute the contract properly in the first place and on whose fulfilment the customer may normally trust (cardinal obligation), and the liability is limited in amount to the foreseeable damage typical for the contract at the conclusion of contract.

(4) This limitation of liability also applies to the Broker’s vicarious agents.

ART. 8
FINAL PROVISIONS

(1) Should these Terms of Contract and of Use contain invalid provisions, the validity of the remaining provisions remains unaffected.

(2) Exclusively German law is applicable to the present Terms under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) Should the customer be a business owner, a legal entity under public law or special fund under public law, then Berlin is the legal venue for all disputes arising from or in connection with these Terms.

(4) The European Commission provides a platform for extra-judicial arbitration under the following link: http://ec.europa.eu/consumers/odr/ .
We are neither bound by law nor willing to participate in such an arbitration by the Consumer Arbitration Board.

Berlin, February 2014