Privacy Policy | Müller Merkle Immobilien

I. Privacy policy website

1. introduction

With the following information, we would like to give you as a „data subject“ an overview of the processing of your personal data by us and your rights under data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.
The processing of personal data, such as your name, address or e-mail address, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to „Müller Merkle Immobilien GmbH“. By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data we collect, use and process.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.
You too can take simple and easy-to-implement measures to protect yourself against unauthorized access to your data by third parties. We would therefore like to give you some tips on how to handle your data securely:

Protect your account (login, user or customer account) and your IT system (computer, laptop, tablet or mobile device) with secure passwords.
Only you should have access to the passwords.
Make sure that you only ever use your passwords for one account (login, user or customer account).
Do not use the same password for different websites, applications or online services.
The following applies in particular when using publicly accessible IT systems or IT systems shared with other people: You should always log out after logging in to a website, application or online service.

Passwords should consist of at least 12 characters and be chosen in such a way that they cannot be easily guessed. Therefore, they should not contain common everyday words, your own name or the names of relatives, but should contain upper and lower case letters, numbers and special characters.

2. responsible persons

The controller within the meaning of the GDPR is the:

Müller Merkle Immobilien GmbH
Hauptstraße 110,
69117 Heidelberg, Germany

Representatives of those responsible:

3. data protection officer

You can reach the data protection officer as follows:
THALES Rechtsanwälte.data protection
Dr. Christian Szidzek
Place-de-Caen 11, 97084 Würzburg
E-mail: datenschutz@mueller-merkle.de

You can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

4. definitions

The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:

1. personal data
Personal data is any information relating to an identified or identifiable natural person. 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.

2. person concerned
Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

5. profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

6. pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

7. processors
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

8. recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

9. third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

10. consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

5. legal basis of the processing

Art. 6 para. 1 lit. a GDPR (in conjunction with § 25 para. 1 TTDSG) serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 para. 1 lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 para. 1 lit. c GDPR.
In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 para. 1 lit. d GDPR.
Ultimately, processing operations could be based on Art. 6 para. 1 lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).
Our services are generally aimed at adults. Persons under the age of 16 may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and young people, do not collect it and do not pass it on to third parties.

6. technology

6.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that the address line of the browser contains „https://“ instead of „http://“ and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

6.2 Data collection when visiting the website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser transmits to our server (in so-called „server log files“). Our website collects a range of general data and information each time you or an automated system accesses a page. This general data and information is stored in the server log files. The following can be recorded

browser types and versions used,
the operating system used by the accessing system,
the website from which an accessing system reaches our website (so-called referrer),
the sub-websites that are accessed via an accessing system on our website,
the date and time of access to the website,
a shortened Internet Protocol address (anonymized IP address) and,
the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to

to deliver the content of our website correctly,
to optimize the content of our website and the advertising for it,
to ensure the long-term functionality of our IT systems and the technology of our website, and
to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack.

This collected data and information is therefore evaluated by us both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The legal basis for data processing is Art. 6 para. 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above.

7. cookies

7.1 General information on cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our website.
Information is stored in the cookie that results from the connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity.
The use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies enable us to automatically recognize that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage duration of the cookies can be found in the settings of the consent tool used.

7.2 Legal basis for the use of cookies

The data processed by the cookies, which are required for the proper functioning of the website, are therefore necessary to safeguard our legitimate interests and those of third parties in accordance with Art. 6 para. 1 lit. f GDPR.
For all other cookies, you have given your consent to this via our opt-in cookie banner within the meaning of Art. 6 para. 1 lit. a GDPR.

8. contents of our website

8.1 Contact / contact form

Personal data is collected when you contact us (e.g. via contact form or email). Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and the deletion does not conflict with any statutory retention obligations.

8.2 Application management / job exchange

We collect and process the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents to us electronically, for example by e-mail or via a web form on the website. If we conclude an employment or service contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude a contract with the applicant, the application documents will be automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests on our part prevent deletion. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
The legal basis for the processing of your data is Art. 88 GDPR in conjunction with. § Section 26 (1) BDSG.

9 Our activities in social networks

So that we can also communicate with you on social networks and inform you about our services, we have our own pages there. If you visit one of our social media pages, we are jointly responsible with the provider of the respective social media platform for the processing operations triggered by this, within the meaning of Art. 26 GDPR.
We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective providers.
As a precautionary measure, we would therefore like to point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore be associated with data protection risks for you, as it may be more difficult to safeguard your rights, e.g. to information, deletion, objection, etc., and processing in social networks is often carried out directly for advertising purposes or for the analysis of user behavior by the providers without us being able to influence this. If user profiles are created by the provider, cookies are often used or the user behavior is assigned to your own social network member profile.

The described processing operations of personal data are carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest and the legitimate interest of the respective provider in order to be able to communicate with you in a timely manner or to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 para. 1 lit. a GDPR in conjunction with Art. 7 GDPR. Art. 7 GDPR.
As we do not have access to the providers‘ databases, we would like to point out that it is best to exercise your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in the social networks and the possibility of exercising your right of objection or revocation (so-called opt-out) is listed below with the respective provider of social networks used by us:

9.1 Facebook
(Joint) controller for data processing in Europe:
Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

Privacy Policy (Data Policy):
https://www.facebook.com/about/privacy

9.2 Instagram
(Joint) controller for data processing in Germany:
Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

9.3 LinkedIn
(Joint) controller for data processing in Europe:
LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

9.4 XING (New Work SE)
(Joint) controller for data processing in Germany:
New Work SE, Am Strandkai 1, 20457 Hamburg, Germany

Information requests for XING members:
https://www.xing.com/settings/privacy/data/disclosure

10. web analysis

10.1 Google Analytics
On our websites we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/de/about/), Gordon House, Barrow Street, Dublin 4, Ireland („Google“). In this context, pseudonymized user profiles are created and cookies (see „Cookies“) are used. The information generated by the cookie about your use of this website such as

the browser type/version,
the operating system used,
the referrer URL (the previously visited page),
the host name of the accessing computer (IP address) and
Time of the server request,

are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for the purposes of market research and the needs-based design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that they cannot be assigned (IP masking).
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
These processing operations are only carried out if express consent is given in accordance with Art. 6 para. 1 lit. a GDPR.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on the following link: Deactivate Google Analytics. An opt-out cookie will be set to prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
You can view the data protection provisions of Google Analytics at: https://support.google.com/analytics/answer/6004245?hl=de.

11. plugins and other services

11.1 Google Maps
We use Google Maps (API) on our website. The operating company of Google Maps is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Maps is a web service for displaying interactive (land) maps in order to visualize geographical information. By using this service, you can, for example, see our location and make it easier for you to find us.
Information about your use of our website (such as your IP address) is transmitted to Google servers in the USA and stored there as soon as you access the subpages in which the Google Maps map is integrated. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish your data to be associated with your Google profile, you must log out of your Google user account. Google stores your data (even for users who are not logged in) as usage profiles and analyzes them. You have the right to object to the creation of these user profiles, but you must contact Google to exercise this right.
If you do not agree to the future transmission of your data to Google in the context of the use of Google Maps, you also have the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus also the map display on this website can then not be used.
These processing operations are only carried out if express consent has been granted in accordance with Art. 6 para. 1 lit. a GDPR.
You can view Google’s terms of use at https://www.google.de/intl/de/policies/terms/regional.html, the additional terms of use for Google Maps can be found at https://www.google.com/intl/de_US/help/terms_maps.html
You can view the data protection provisions of Google Maps at („Google Privacy Policy“): https://www.google.de/intl/de/policies/privacy/.

11.2 Google reCAPTCHA
We use the reCAPTCHA function on this website. The operating company of Google reCAPTCHA is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The main purpose of the reCAPTCHA function is to differentiate whether an entry is made by a natural person or is misused by machine and automated processing. The service also includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google.
These processing operations are only carried out if express consent has been given in accordance with Art. 6 para. 1 lit. a GDPR.
Further information about Google reCAPTCHA and Google’s privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/.

11.3 Microsoft Teams
We use the tool „Microsoft Teams“ („MS Teams“) to carry out our communication both in written form (chat) and in the form of telephone conferences, online meetings and video conferences. The operating company of the service is Microsoft Ireland Operations („Microsoft“), Ltd, 70 Sir John Rogerson’s Quay, Dublin, Ireland. Microsoft Ireland Operations, Ltd. is part of the Microsoft group of companies based at One Microsoft Way, Redmond, Washington, USA.
When using MS Teams, the following personal data is processed:

Meetings, chats, voicemails, shared files, recordings and transcriptions.
Data that is shared about you. Examples of this are your e-mail address, your profile picture and your telephone number.
A detailed history of the telephone calls you make.
Call quality data.
Support/feedback data Information related to troubleshooting tickets or feedback sent to Microsoft.
Diagnostic and service data Diagnostic data in connection with the use of the service.

To enable the display of video and the playback of audio, the data from the microphone of your end device and from a video camera on the end device is processed for the duration of the meeting. You can switch off or mute the camera or microphone yourself at any time via the „Microsoft Teams“ applications.
If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a) GDPR. In the context of an employment relationship, corresponding data processing takes place on the basis of Section 26 BDSG. The legal basis for the use of „MS Teams“ in the context of contractual relationships is Art. 6 para. 1 lit. b) GDPR. In all other cases, the legal basis for the processing of your personal data is Art. 6 para. 1 lit. f) GDPR. Our interest here is in the effective conduct of online meetings.
If we record online meetings, we will inform you of this before the start and, if necessary, ask for your consent to the recording. If you do not wish this, you can leave the online meeting.
As a cloud-based service, „MS Teams“ processes the aforementioned data as part of the provision of the service. To the extent that „MS-Teams“ processes personal data in connection with Microsoft’s legitimate business operations, Microsoft is an independent data controller for such use and as such is responsible for compliance with applicable laws and data controller obligations. If you access the MS Teams website, Microsoft is responsible for the data processing. Accessing the website is necessary to download the MS-Teams software.
Detailed information on data protection at Microsoft, in connection with „MS Teams“, can be found at: https://docs.microsoft.com/de-de/microsoftteams/teams-privacy.

11.4 TeamViewer Meeting – Video conferencing
We use the „TeamViewer Meeting“ tool to carry out our communication in the form of telephone conferences, online meetings, video conferences and webinars (hereinafter: „online meetings“). The provider is TeamViewer Germany GmbH, Bahnhofsplatz 2, 73033 Göppingen, Germany.
When using „TeamViewer Meeting“, various types of data are processed. The scope of the data also depends on the data you provide before or during participation in an „online meeting“. The following personal data may be processed:

User details such as first name, surname, telephone number (optional), e-mail address (optional), password (if „single sign-on“ is not used), profile picture (optional).
Meeting metadata such as topic, description (optional), participant IP addresses, device/hardware information.
For recordings (optional), all video, audio and presentation recordings and text files from the online meeting chat can be processed.
When dialling in with the telephone, details of the incoming and outgoing phone number, country name, start and end time are processed. Additional connection data such as the IP address of the device may also be saved.

You may have the opportunity (optional) to use the chat, question or survey functions in an „online meeting“. The text entries you make are processed in order to display them in the „online meeting“ and, if necessary, to log them. In order to enable the display of video and the playback of audio, the data from the microphone of your end device and from any video camera of the end device will be processed accordingly for the duration of the meeting. You can switch off or mute the camera or microphone yourself at any time via „TeamViewer Meeting“.
If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a) GDPR. In the context of an employment relationship, corresponding data processing takes place on the basis of Section 26 BDSG. The legal basis for the use of „TeamViewer Meeting“ in the context of existing or prospective contractual relationships is Art. 6 para. 1 lit. b) GDPR. In all other cases, the legal basis for the processing of your personal data is Art. 6 para. 1 lit. f) GDPR. Our interest here is in the effective conduct of „online meetings“.
If we record „online meetings“, we will inform you of this before the start and, if necessary, ask for your consent to the recording. If you do not wish this, you can leave the online meeting.
The personal data concerning you will be stored until the purpose of the data processing no longer applies. You will be informed of the storage period of recorded online meetings before recording begins. You have the option of withdrawing your consent to the recording at any time, with the result that we will delete the recording.
The provider of „TeamViewer Meeting“ necessarily receives knowledge of the above-mentioned data, insofar as this is provided for in the context of our order processing contract (Art. 28 GDPR) with „TeamViewer“. In particular, this includes the purpose of providing, optimizing and securing the service. The participation information you provide is used for the purpose of identification in the „online meeting“. Data processing outside the EU / EEA does not take place in principle, but we cannot rule out the possibility that data may be routed via Internet servers located outside the EU / EEA, which may be the case in particular if participants in „online meetings“ are located in a third country. The data is encrypted during transport via the Internet and thus protected against unauthorized access by third parties.
To the extent that „TeamViewer“ processes personal data in connection with „TeamViewer’s“ legitimate business operations, „TeamViewer“ is an independent data controller for such use and as such is responsible for compliance with applicable laws and obligations of a data controller. When you visit the Provider’s other websites or install the Provider’s tool on your device, the processing of personal data is governed exclusively by the Provider’s privacy policy.
Further information on „TeamViewer“ can be found at: https://www.teamviewer.com/de/datenschutzinformation/.

11.5 Virtual tour with Matterport
We have created a virtual tour using the Matterport tool and integrated it into our website using an iFrame. The operating company of Matterport is Matterport, Inc, 352 E. Java Dr., Sunnyvale, CA 94089, USA.
When you visit our website, a connection to the Matterport servers is established. The page you have visited and the IP address of your end device are transmitted to Matterport. If you also have a Matterport account and are logged into it at the time you access our website, Matterport assigns your surfing behavior to your personal profile.
The use of Matterport is based on our legitimate interest in an attractive presentation of our website and products within the meaning of Art. 6 para. 1 lit. f GDPR.
Further information on data processing by Matterport can be found at: https://matterport.com/privacy-policy.

12. your rights as a data subject

12.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data concerning you is being processed.

12.2 Right to information Art. 15 GDPR
You have the right to receive free information from us at any time about the personal data stored about you and a copy of this data in accordance with the statutory provisions.

12.3 Right to rectification Art. 16 GDPR
You have the right to request the rectification of inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

12.4 Erasure Art. 17 GDPR
You have the right to demand that we delete the personal data concerning you immediately, provided that one of the reasons provided by law applies and insofar as the processing or storage is not necessary.

12.5 Restriction of processing Art. 18 GDPR
You have the right to demand that we restrict processing if one of the legal requirements is met.

12.6 Data portability Art. 20 GDPR
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
Furthermore, when exercising your right to data portability pursuant to Art. 20 (1) GDPR, you have the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

12.7 Objection Art. 21 GDPR
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 Article 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balancing of interests) of the GDPR.
This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves the establishment, exercise or defense of legal claims.
In individual cases, we process personal data for the purpose of direct advertising. You can object to the processing of your personal data for the purpose of such advertising at any time. This also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, we will no longer process the personal data for these purposes.
You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

12.8 Revocation of consent under data protection law
You have the right to withdraw your consent to the processing of personal data at any time with effect for the future.

12.9 Complaint to a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

13. updating and amending the privacy policy

This privacy policy is currently valid and has the status: July 2022.
It may become necessary to amend this privacy policy as a result of the further development of our website and services or due to changes in legal or official requirements. You can access and print out the current privacy policy at any time on the website at „https://www.mueller-merkle.de/datenschutz/“.
This privacy policy was created with the support of the data protection software: audatis MANAGER.

II Data protection information for customers, interested parties and suppliers in accordance with Art. 13 EU GDPR (direct collection) and Art. 14 EU GDPR (third-party collection)

1. general

The purpose of this privacy notice is to tell you what personal data we collect about you, the reasons why we use and share this data, how long we keep it, what rights you have and how you can exercise them.
Müller Merkle Immobilien GmbH takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy. We would therefore like to take this opportunity to inform you about how we handle your personal data that we collect and store as part of a contractual relationship or for other reasons. Personal data is information that relates to your person and can lead to your identification.

2. name and contact details of the controller, the controller’s representative and the data protection officer

Responsible person:
Müller Merkle Immobilien GmbH
Represented by the managing directors:
Moritz Müller, David Merkle and Felix Henne
Main street 110
69117 Heidelberg

Data Protection Officer:
Dr. Christian Szidzek
THALES Rechtsanwälte.data protection
Prymstrasse 1
97070 Würzburg
E-Mail: christian.szidzek(a)thales-datenschutz.de

3. purpose of processing and legal basis

3.1 Legal and regulatory obligations

We use personal data to fulfill various legal and regulatory obligations in accordance with Art. 6 para. 1 c) EU GDPR. These include

Real estate regulations,
Banking and financial regulations according to which we
Take security measures to prevent misuse or fraud;
Recognize transactions that deviate from normal patterns;
define the right investor profile;
Record calls, chats, e-mails, etc. as required;
respond to an official request from a duly authorized public authority or judicial authority;
Prevent money laundering and terrorist financing;
implement legal sanction and embargo provisions and
Combat tax evasion and comply with tax control and reporting obligations.

3.2 Initiation of contracts and fulfillment of contracts
We use your personal data in accordance with Art. 6 para. 1 b) EU GDPR to conclude and fulfill contracts or to take steps at your request prior to entering into a contract, including to

To provide you with information relating to our products and services (brokering rental or real estate purchase contracts);
to help you and answer your questions;
evaluate whether we can offer you a product or service and under what conditions and
to provide products or services to our corporate customers of which you are an employee or customer.

3.3 Legitimate interest
We also use your personal data in the exercise of legitimate interests in accordance with Art. 6 para. 1 f GDPR to develop our products or services, to improve our risk management and to defend any legal claims

3.4 Consent
In some cases, we must ask for your consent to process your data in accordance with Art. 6 (1) a) EU GDPR. This is the case if we need it for processing for purposes other than those in sections 3.1 – 3.3. In these cases, we will inform you and ask for your consent. Where your consent is required, data processing will only take place if you have expressly given us your consent.

4. data categories

4.1 General information for clients, interested parties and suppliers
We collect and use your personal data in the context of our activities and to achieve a high standard of personalized products and services only to the extent absolutely necessary.

Depending on, among other things, the type of product or service we offer you, we may collect different types of personal data about you, including: Identification data (e.g. name, ID card and passport numbers, nationality, place and date of birth, gender, photos, IP address);
Contact information (e.g. postal address and e-mail address, telephone number);
Family situation (e.g. marital status, number of children);
Economic, financial and tax information (e.g. tax status, income and other earnings, value of your assets);
Employment data (e.g. employment, remuneration)
Banking, financial and transaction data (e.g. account data, money transfers, assets, specified investor profile, credit history, debts and expenses);
Data required to combat over-indebtedness, fraud, money laundering and terrorist financing.
We will only collect the following sensitive data after receiving your explicit prior consent, if required:
Health data: e.g. for the creation of some insurance contracts; this data is processed according to the need-to-know principle.
Furthermore, we will never ask you for personal data relating to your ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic characteristics or sexual orientation, unless this is absolutely required by law.

4.2 Questionnaire for prospective tenants
If you are interested in renting an apartment or property, all we need from you in a first step is your contact details, details of the apartment/property you would like to rent and the dates for a viewing appointment.
If you have a concrete interest in renting after the viewing, we will ask you to complete a prospective tenant questionnaire. In this questionnaire, we only ask for information that is necessary for the landlord’s decision to enter into a tenancy agreement with you. Depending on the landlord’s requirements, this includes

Specification of the preferred apartment unit / no.
Surname and first name
Duration of a possible residence permit
Address
Contact details (e-mail address or telephone number)
Professional activity (general)
Type of employment and duration
Monthly net income
Information on current housing conditions (rent / ownership / social housing)
Any rent arrears
Details of how many people would like to move in with you (adults/children)
Details of pets (unless small animals)
Information on whether insolvency proceedings have been opened in the last five years or rejected for lack of assets or whether such proceedings are currently pending
A current Schufa credit report or a declaration of consent for an independent Schufa query
In a third step, namely when the landlord has made the decision to enter into a tenancy agreement with you on the basis of the documents available to him, we require further information from you for the plausibility check, preparation and conclusion of the tenancy agreement, e.g:
- Proof of identity (identity card, passport)
- Date of birth
- Current wage and salary statements
- Names and dates of birth of any roommates
- Certificate of freedom from rent arrears

5. source of the data

The data we use about you may either be provided directly by you or obtained from the following sources to verify or enhance our databases:

Publications / databases provided by official authorities (e.g. the Official Journal);
our corporate customers or service providers;
Residents of properties we are interested in buying, selling or renting;
Interested parties
other third parties such as credit reference agencies and fraud prevention agencies or data brokers in accordance with data protection laws;
Websites
databases made public by third parties in a legally permissible manner.

For certain reasons, we may also collect information about you even though you have no direct relationship with us. This may occur if one of our customers provides us with your contact details, for example if you are one of the following:

Family member;
Co-borrower / guarantor;
Legal representative (power of attorney);
Beneficiary of payment transactions made by our customers;
Beneficiary of insurance policies and trusts;
Landlord;
Final beneficiary;
Debtor of the customer (e.g. in the event of bankruptcy);
Shareholders of a company;
Representative of a legal entity (which may be a customer or dealer);
Employees of service providers and trading partners.

6. recipient

In order to fulfill the aforementioned purposes, we only disclose your personal data to the following recipients if necessary and if there is a legal basis for doing so:

Internal employees who are bound to confidentiality;
Landlord or seller to broker a rental or purchase agreement;
service providers who provide services on our behalf (in this case, there are proper order processing contracts in accordance with Art. 28 EU GDPR);
independent agents, intermediaries or brokers, banking and trading partners with whom we have a regular relationship (on your behalf or with your express consent);
financial or judicial authorities, arbitrators and mediators, government authorities or public bodies to the extent permitted by law and
certain regulated specialists, such as lawyers, notaries or auditors.

A transfer of your data to third countries (countries that are not member states of the EU and are not subject to the EFTA Agreement) is generally not planned. Insofar as such a data transfer takes place in exceptional cases, there are suitable guarantees in accordance with Art. 44 – 49 EU GDPR, so that a level of data protection comparable to the EU GDPR is also ensured in these cases.
For certain processing activities, we use service providers who process personal data for us. These may be external data centers or cloud service providers, for example. In these cases, there is a proper order processing contract with the service providers in accordance with Art. 28 EU GDPR.

7. storage period

Your data will be stored, supplemented and updated for as long as required by the purpose for which the personal data was collected, unless otherwise required by law, such as retention obligations under the German Money Laundering Act (5 years), commercial law (6 years) or tax law (10 years) (see §§ 257 HGB, 147 AO and others).
In addition, we may store your data for a certain period of time after the purpose of processing has been achieved. This is the case if we have a legitimate interest in doing so, in particular if the further storage of your data is necessary for the exercise, assertion or defense of legal claims (Art. 6 para. 1 f EU GDPR). In this respect, we may store your data for up to three years after the conclusion of a contractual relationship (Section 195 BGB – standard limitation period).

8. your rights

You have the right to request information (Art. 15 EU GDPR) about your data stored by us at any time.
In the event that this data has been stored incorrectly or incompletely, you have the right to request rectification or erasure (Art. 16 EU GDPR).
You may request the restriction of processing (Art. 18 EU GDPR) if you dispute the accuracy of the data collected, the processing is unlawful or the purpose of the processing has been fulfilled. The same applies if you have objected to the processing of your data (Art. 21 EU GDPR) while we review the justification for your objection.
If your personal data is processed for a specific purpose on the basis of your consent, you can revoke this consent at any time; however, the data processing remains lawful until the time of your revocation.
If data processing is based on our legitimate interest (Art. 6 para. 1 f GDPR), you can object to the processing of your personal data at any time (Art. 21 EU GDPR) for reasons arising from your particular situation; processing will then no longer take place. If we use your data for advertising purposes, you can object to data processing at any time without giving reasons. We will then no longer process your data for advertising purposes (Art. 21 para. 2 EU GDPR).
You also have the right to have the data you have provided to us transferred to a third party (Art. 20 EU GDPR). We will then make your data available to you on an interoperable data carrier.
You have the right to lodge a complaint with the supervisory authority if you believe that the processing of data concerning you is unlawful. The data protection supervisory authority responsible for us is
The State Commissioner for Data Protection and Freedom of Information Baden-Württemberg, Urbanstraße 32, 70182 Stuttgart.

III Data protection information for applicants in accordance with Art. 13 EU GDPR

This data protection information informs you about the processing of your personal data in the application process at Müller Merkle Immobilien GmbH.

1. name and contact details of the controller, the controller’s representative and the data protection officer

Responsible person:
Müller Merkle Immobilien GmbH
Represented by the managing directors:
Moritz Müller, David Merkle and Felix Henne
Main street 110
69117 Heidelberg
Data Protection Officer:
Dr. Christian Szidzek
THALES Rechtsanwälte.data protection
Prymstrasse 1
97070 Würzburg
E-Mail: christian.szidzek(a)thales-datenschutz.de

2. personal information and personal data

During the application process, we collect and process information both in paper format and in digital form. This data may include

Master data (name, academic title, address, date and place of birth, gender)
Marital status, children, religious affiliation and nationality
Contract data (type of intended employment, pay scale classification, level of employment, start/end of employment)
Organizational data (job title, supervisor, location, management level)
Business contact and communication data
Applicant data (application, CV, certificates, proof of education and vocational training, diplomas)

3. purposes of collection and processing
Müller Merkle Immobilien GmbH collects, processes and uses your personal data exclusively for the purpose of carrying out the application process.

4. legal basis for the processing of your personal data
The legal basis for the processing of your personal data for the purpose of carrying out an application procedure is Art. 6 (1) b) EU GDPR.
Data is only collected and processed for this purpose if this is required by law or is necessary for the application process. Insofar as further data may not be directly required for the implementation of the application procedure, the processing is based on a legitimate interest of the company pursuant to Art. 6 para. 1 f) GDPR.
A legitimate interest may arise, for example, from internal organizational and administrative purposes, to protect the company’s facilities, equipment and assets as well as data processing systems and data. Processing of your data is permitted here unless the protection of your interests, fundamental rights and freedoms prevails.
In individual cases, we will obtain your consent to the processing or transmission of your data. In these cases, your consent is voluntary and can be revoked by you at any time in the future. You will not suffer any disadvantages if you do not give your consent or if you withdraw your consent at a later date.

5. recipient
Your personal data will only be transmitted or disclosed to external bodies to the extent that this is required by law or is absolutely necessary as part of the application process or if Müller Merkle Immobilien GmbH or an external body has a legitimate interest and the transmission is permitted under data protection regulations.
Your personal data and information may also be disclosed to authorized representatives and contractors who provide a service for us, including insurers and consultants, for legitimate purposes, insofar as this is permitted in individual cases in accordance with data protection regulations. If your consent or separate notification is required for this, we will obtain your consent in advance or inform you of this in good time.
Your data will only be transferred or disclosed to the extent necessary in compliance with the relevant data protection regulations. If data is transferred to third countries or disclosed to bodies in third countries, the additional requirements for this will be observed.
For certain processing activities, we use service providers who process personal data for us. These may be external data centers or cloud service providers, for example. In these cases, there is a proper order processing contract with the service providers in accordance with Art. 28 EU GDPR.

6. storage period
Your personal data will only be stored for as long as it is required for the purposes of the application process. After completion of the application process (sending of acceptance or rejection), your data will be stored for six months after rejection. In the event of an acceptance, the data protection information for employees applies, which we will provide to you on the occasion of the conclusion of the employment contract.

7. your rights
You have the right to request information (Art. 15 EU GDPR) about your data stored by us at any time.
In the event that this data has been stored incorrectly or incompletely, you have the right to request rectification or erasure (Art. 16 EU GDPR).
You may request the restriction of processing (Art. 18 EU GDPR) if you dispute the accuracy of the data collected, the processing is unlawful or the purpose of the processing has been fulfilled. The same applies if you have objected to the processing of your data (Art. 21 EU GDPR) while we review the justification for your objection.
If your personal data is processed for a specific purpose on the basis of your consent, you can revoke this consent at any time; however, the data processing remains lawful until the time of your revocation.
If data processing is based on our legitimate interest (Art. 6 para. 1 f GDPR), you can object to the processing of your personal data at any time (Art. 21 EU GDPR) for reasons arising from your particular situation; processing will then no longer take place. If we use your data for advertising purposes, you can object to data processing at any time without giving reasons. We will then no longer process your data for advertising purposes (Art. 21 para. 2 EU GDPR).
You also have the right to have the data you have provided to us transferred to a third party (Art. 20 EU GDPR). We will then make your data available to you on an interoperable data carrier.
You have the right to lodge a complaint with the supervisory authority if you believe that the processing of data concerning you is unlawful.
The data protection supervisory authority responsible for us is
The State Commissioner for Data Protection and Freedom of Information Baden-Württemberg, Urbanstraße 32, 70182 Stuttgart.