Jahn Urban| David Borck Immobiliengesellschaft mbH

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Data Protection Declaration

General terms of contract and use

Data Protection Declaration

Whenever you visit our website, you provide certain personal data and we, as the data controller, process these personal data. If you would like to know what data we collect, how they are processed and what rights you have in relation to your personal data, please read on.

1. How to contact our Data Controller and Data Protection Officer

This Data Protection Policy applies to all of the data processing operations on all websites operated by the responsible entity specified below and which contain references and/or links to this Data Protection Policy.

David Borck Immobiliengesellschaft mbH

Schlüterstr. 45

10707 Berlin

Email: service@david-borck.de

Telephone: +49 (0) 30 887 742 50

Fax: +49 (0) 30 887 742 525

Our Data Protection Officer can be contacted at the above address, FAO: Data Protection Officer, or via email to datenschutz@david-borck.de.

Should you have any questions pertaining to data protection laws or your rights as a data subject, please feel free to contact our Data Protection Officer at any time.

2. Why we process personal data

a) When visiting our websites

When you visit our website, your browser automatically sends some personal data (e.g. browser type and version, date and time of access) to our website’s server to establish a connection with our website. These data also include the IP address of your electronic device, which is subsequently stored in a log file and automatically deleted after four weeks.

Your IP address is processed for the technical and administrative purposes of establishing a stable internet connection, to ensure the security and functionality of our websites and to enable us to track any illegal access to our websites.

The legal basis for the processing of your IP address is Article 6.1.f of the European Union’s General Data Protection Regulation (GDPR). As specified above, we have a legitimate interest in the security, stability and functionality of our websites.

b) When subscribing to our newsletters

Once you have subscribed to our newsletter and granted consent in accordance with Article 6.1.a of the GDPR, we will process your email address in order to send you our regular newsletters, including sales prospectuses.

When you register for our newsletter, you are asked, as a minimum, to provide us with your first name, last name and email address. We require this information in order to be able to send you personalized newsletters.

You can unsubscribe from our newsletter at any time, e.g. via the “unsubscribe” link at the end of each newsletter. Alternatively, you can also unsubscribe at any time by sending an email to service@david-borck.de.

If you do unsubscribe, we will delete your email address immediately upon receipt of your cancellation of your subscription.

We use certain newsletter marketing tools to analyze the behavior of our newsletter recipients. This analysis includes the open, click, bounce, delivery, unsubscribe, conversion and social sharing rates for each newsletter.

This analysis is carried out in accordance with Article 6.1.f of the GDPR in order to optimize our newsletter. This constitutes a legitimate interest within the meaning of the aforementioned provision.

c) When using our contact form

You can contact us via the contact form we have integrated into our websites. If you contact us in this way, we will collect the following personal data in order to process your request/enquiry:

– your first and last name

– your contact details (email address and, where necessary, your telephone number)

These contact details may be used to take steps prior to concluding a contract and thus represent pre-contractual measures in accordance with Article 6.1.b of the GDPR.

d) When using our valuation tool

You can use our website’s integrated property valuation tool to have the value of your property assessed by us. 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/real-estate-appraisal.

If you choose to take advantage of our valuation tool, we will collect the following personal data in order to process your request and contact you:

– Type of property (house/apartment/residential or commercial property/land)

– Greeting

– Last name

– Email address

If you would like an even more accurate valuation, you have the option of providing additional details, for example, the size of the property or the year of construction.

These data are processed on the basis of our legitimate interest pursuant to Article 6.1.f of the GDPR. We process these data in order to respond to your valuation request, to determine the value of your property and, if you express an interest, to make you a corresponding offer.

3. How long we store your data

We will delete your personal data as soon as they are no longer required for the purpose for which they were provided, unless we are legally entitled or obligated to retain them further.

4. Transferring data to third parties

As a matter of principle, we will not transfer your personal data to third parties. Personal data may only be transferred to third parties insofar as there exists a legal obligation to do so within the meaning of Article 6.1.c of the GDPR.

5. Cookies

We use cookies on our website. Cookies are small text files that are automatically created by your browser software when you visit one of our websites. Cookies are stored on your electronic device (laptop, tablet, smartphone or similar) and contain information related to your specific electronic device (e.g. your IP address and the time and duration of your visit to our website).

Insofar as cookies are absolutely necessary to display our website correctly, the processing of your personal data represents a legitimate interest in accordance with Article 6.1.f of the GDPR.

When you visit our website, your browser will also create functional cookies, which serve to optimize your interactions with our website. For example, functional cookies can be used to store information you enter in forms but do not submit so that this information is available for a later visit. In addition, we also use analytical cookies in order to statistically evaluate the way visitors use our website. We use this information to optimize our products and services and to interact with social media.

Functional and analytical cookies are only created when you grant consent in accordance with Article 6.1.a of the GDPR via the pop-up cookie banner.

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

6. Your rights as a data subject

You have the right,:

– in accordance with Article 15.1 of the GDPR, to obtain confirmation from us as to whether or not we have processed your personal data.

– in accordance with Article 16 of the GDPR, to obtain the rectification of inaccurate personal data concerning you;

– in accordance with Article 17 of the GDPR, to obtain the erasure of personal data concerning you;

– in accordance with Article 18 of the GDPR, to obtain the restriction of processing of your personal data;

– in accordance with Article 20 of the GDPR, to receive the personal data concerning you, and which you have provided, in a structured, commonly used and machine-readable format or to have these data transmitted to another controller;

– in accordance with Article 7.3 of the GDPR, to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;

– in accordance with Article 21 of the GDPR, to object to processing, unless the controller can demonstrate a compelling and legitimate ground for processing;

– in accordance with Article 77 of the GDPR, to lodge a complaint with a supervisory authority.

If you wish to exercise any of these rights, please send an email to datenschutz@david-borck.de

Last revised: December 2020.

General terms of contract and 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

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