We,

David Borck Immobiliengesellschaft mbH, Schlüterstr. 45, 10707 Berlin,

are operators of this website and the service offered thereon and thus responsible to collect, process and use personal data in terms of the Federal Data Protection Act (BDSG) and the Tele Media Act (TMG). The proper handling of your personal data is of particular importance to us. Therefore, we would like to inform you on the handling of your personal data in the following.

We use your personal data while adhering to the valid provisions under the data protection law. In the following, we will explain what data we collect, how we use it and what rights you are entitled to vis-à-vis us regarding the use of your data:

1. DATA COLLECTION AND USAGE WHEN SENDING AN ENQUIRY (CONTACT FORM)

In the course of an enquiry from you via our contact form on our website, we collect your first name and surname as well as your email address as mandatory data so that your enquiry can be processed and we can contact you in this matter.

If you volunteer further information, we may collect the following data:

– title;

– academic title;

– address (street, house number, postal code, place);

– telephone number (area code and phone number).

We only use this data so that we can give you the best possible and a personalised answer to your contact query.

2. DATA COLLECTION AND USAGE WHEN ORDERING OUR NEWSLETTER

If you register to receive our newsletter, we collect the following data

– title;

– first name and surname;

– email address

If you have expressly agreed, we use your email address to send you regular newsletters. At the end of each newsletter is a link with which you can cancel the newsletter at any time. You can also cancel the newsletter at any time by emailing service@david-borck.de.

3. DATA COLLECTION AND USAGE WHEN USING THE RECOMMENDATION FUNCTION.

On our website, you have the option to use our recommendation function via email. For this purpose we collect the following data:

– your first name and surname;

– your email address;

– the recipient’s first name and surname;

– the recipient’s email address.

This data is used exclusively to send the recommendation made by you to the recipient entered by you on your behalf.

4. NO TRANSMISSION OF PERSONAL DATA TO THIRD PARTIES

Without your express consent, your data will not be sold to third parties or otherwise passed on. Something else only applies if there is a legal obligation or if this is necessary for us to assert our rights, especially with regard to claims arising from this contractual relationship.

5. COOKIES

In many aspects, cookies help to make your visit to our website simpler, more pleasant and more meaningful. Cookies are alphanumeric information files that your browser automatically stores on the hard drive of your computer when you visit our internet site.

Cookies do not damage your hard drive nor is personal data transmitted to us when cookies are set.

For example, we apply cookies in order to store your language setting for the duration of your usage. Because of this application we do not receive new personal data about you as an online visitor. Most internet browsers accept cookies automatically. However, you can configure your browser in such a way that no cookies are saved on your computer or a message appears each time you receive a new cookie.

Deactivating cookies can result in you not being able to use all the functions on our website.

6. WEB ANALYSIS SERVICES

In order to design our needs specific pages and continuously upgrade them, we use the website analysis service Google Analytics. In connection with this, pseudonymous user profiles are set up and cookies used (see point 4). The information generated by the cookie about your usage of this website such as

• browser type/-version;

• operating system used;

• referrer URL (the previously visited page);

• host name of the accessing computer (IP address);

• time of server request

is transmitted to the server and stored there. The information is used to evaluate the usage of the website, write reports on the website activities and provide further services connected to the use of both the website and the internet for the purpose of market research and the needs-specific design of these internet pages. Where indicated, this information might also be transmitted to third parties, provided this is legally prescribed or if third parties are commissioned to process this data.

Under no circumstances will the IP address be linked with other data concerning the user. The IP addresses are anonymized so that allocation is not possible (IP masking).

The user can prevent the installation of cookies by adjusting the browser software accordingly (see point 5); however, we point out that in this case not all of the website’s functions can be used to their full extent.

The user can object at any time to user profiles being generated. For more information about this, click here.

7. SECURITY

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

8. INFORMATION, RECTIFICATION, CORRECTION, AND DELETION OF DATA

You are entitled to receive information about your personal data stored and have the right to rectify incorrect data as well as block or delete it.

For information on your personal data, to have incorrect data corrected or blocked or deleted as well as for additional questions on the usage of your personal data, please contact us:

David Borck Immobiliengesellschaft mbH

Schlüterstr. 45

10707 Berlin

T +49 (0)30 887 742 50

F +49 (0)30 887 742 525

service@david-borck.de

9. VALIDITY OF THE DATA PROTECTION DECLARATION

This data protection declaration is currently valid and dated 16.09.2014.

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) For proof of the possibility of closing a sales or lease agreement or for negotiating such a contract, the customer undertakes to pay a commission to the Broker. For sales agreements, the commission is 7.14% of the sales price, for lease agreements, 2.38 times the net basic rent (both including VAT). Otherwise, the commission is shown in the synopsis made available by the Broker.

(2) Contrary to the provisions of Paragraph 1, the Customer is not obligated to pay a commission if seeking an apartment for which they have received proof of the opportunity to conclude lease agreements for residential premises or have had such agreements mediated, unless the Agent is exclusively tasked by the lessor or other authorised party with offering the apartment to the Customer under the terms of the agency agreement.

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.

Berlin, February 2014