Privacy policy

Data protection is our highest priority. We protect the privacy and private data of our users (hereinafter "users" or "you"). We take 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 data protection declaration.

If you would like to use our company's services 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 always obtain the consent of the person concerned.

In order to be able to provide the products and services of TELA Immobilienservice GmbH, Kleiststraße 23-26, 10787 Berlin, Germany in a customer-oriented and appropriate manner, we, like many other companies, are dependent on being able to collect, process and use data from our users.

The processing of personal data (e.g. name, address, e-mail address, or telephone number of a data subject) 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 us.

The following privacy policy explains which information we collect during your visit to our website and how this information is used. Furthermore, this privacy policy informs data subjects about the rights to which they are entitled.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via our website. However, data transmissions via the Internet can always contain security gaps. Absolute protection cannot therefore be guaranteed. As a user, you can of course also transmit your personal data in other ways (e.g. by fax, email or telephone).

1. Definitions

The data protection declaration of TELA Immobilienservice GmbH is based on the terms used by the European legislator for directives and regulations when issuing the GDPR. Our data protection declaration is intended to be easily legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy we use, among others, the following terms:

In this privacy policy we use, among others, the following terms:

Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.2. Data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

1.3. 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.4. Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

Profiling

Profiling is 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

1.6. Pseudonymisation

Pseudonymisation 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

1.7. Controller or person responsible for processing

The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for his or her nomination may be provided for by Union or Member State law.

1.8. Processors

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

1.9. Recipient

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

1.10. Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process personal data under the direct responsibility of the controller or processor.

1.11. 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 concerning him or her.

2.     Name and address of the controller

The controller within the meaning of the GDPR, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

TELA Immobilienservice GmbH

Monika Scherbel – Managing Director

Kleiststraße 23-26

10787 Berlin – Schöneberg

Telefon: 030 411 99 701

E-Mail: info@tela-immobilien.de

Website: www.tela-immobilien.de

3. Collection of general data and information

The website of TELA Immobilienservice GmbH records a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following may be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), and (7) other similar data and information that serve to avert dangers in the event of attacks on our information technology systems.

When using this general data and information, TELA Immobilienservice GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by TELA Immobilienservice GmbH 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 we process. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned. The entries in the server log files are automatically deleted after seven days.

4.     Possibility of contact via the website

Due to legal regulations, the website of TELA Immobilienservice GmbH contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

5. SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you send to us cannot be read by third parties.

6. Processing of data (customer and contract data)

We only collect, process and use personal data to the extent that it is necessary for the establishment, content design or modification of the legal relationship (master data). This is done on the basis of Art. 6 Paragraph 1 Letter b of GDPR, which permits the processing of data to fulfill a contract or pre-contractual measures. We only collect, process and use personal data about the use of our websites (usage data) to the extent that this is necessary to enable the user to use the service or to bill them.

The customer data collected will be deleted after completion of the order or termination of the business relationship. Statutory retention periods remain unaffected.

7. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

8. Rights of the data subject

8. Rights of the data subject

Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

8.2. Right to information

Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following information:

  • the processing purposes
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
  • the existence of a right of complaint to a supervisory authority
  • if the personal data are not collected from the data subject: All available information about the origin of the data
  • the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right to information, he or she may contact any employee of the controller at any time.

8.3. Right to rectification

Any person affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, also by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller at any time.

8.4. Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, where one of the following reasons applies and to the extent that processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws consent on which the processing is based according to point (a) of Art. 6(1) GDPR or point (a) of Art. 9(2) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 Para. 2 GDPR.
  • The personal data were processed unlawfully.
  • The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data were collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by TELA Immobilienservice GmbH, he or she may contact an employee of the controller at any time. The employee of TELA Immobilienservice GmbH will ensure that the erasure request is complied with immediately.

If the personal data was made public by TELA Immobilienservice GmbH and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, TELA Immobilienservice GmbH shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of TELA Immobilienservice GmbH will arrange the necessary measures in individual cases.

8.5. Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
  • The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by TELA Immobilienservice GmbH, he or she may at any time contact any employee of the controller. The employee of TELA Immobilienservice GmbH will arrange the restriction of the processing.

8.6. Right to data portability

Any person concerned by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was made available to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data was made available, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the 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 the controller.

Furthermore, in exercising his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact any employee of TELA Immobilienservice GmbH at any time.

8.7. Right to object

Any person affected by the processing of personal data has the right granted by the European legislator to object at any time, for reasons related to his or her particular situation, to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, TELA Immobilienservice GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If TELA Immobilienservice GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to TELA Immobilienservice GmbH to the processing for direct marketing purposes, TELA Immobilienservice GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons related to his or her particular situation, to object to the processing of personal data concerning him or her by TELA Immobilienservice GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary to perform a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of TELA Immobilienservice GmbH or another employee directly. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right of objection by automated means using technical specifications.

8.8 Automated decisions in individual cases, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject’s explicit consent, TELA Immobilienservice GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise rights with regard to automated decisions, he or she may contact any employee of the controller at any time.

8.9 Right to withdraw consent to data protection

Any person concerned by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact any employee of the controller at any time.

9.     Data protection for applications and the application process

The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing can also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller electronically, for example by email or via a web form on the website. If the controller concludes an employment 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 the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is announced, provided that there are no other legitimate interests of the controller that conflict with deletion. Other legitimate interests in this sense include, for example, the burden of proof in proceedings under the General Equal Treatment Act (AGG).

10. Legal basis for processing

Art. 6 I lit. a GDPR 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 to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary 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 his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

11. Legitimate interests in the processing pursued by the controller or by a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

12. Period for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.

13. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of non-provision of the personal data would be.

14.  Plug-ins and tools

14.1. OpenStreetMap

We use the open source mapping tool “OpenStreetMap” (OSM) to display geo-data. OSM does not store any user data, appointment data is only stored on our servers. You can find more details at http://wiki.openstreetmap.org/wiki/Legal_FAQ

14.2. Trustami trust seal

The Trustami trust seal is integrated into this website to display the collected reviews and social media feedback. This serves to implement our legitimate interests in the optimal marketing of our offer on our own website. When the Trustami trust seal is called up, the web server automatically saves data (access data) in the form of a server log file, which contains, for example, the date and time of the call, your IP address in abbreviated form and the requesting provider. This access data is not evaluated and is automatically overwritten no later than seven days after the end of your visit to the site. The Trustami trust seal and the services advertised with it are an offer from Trustami GmbH, Bamberger Str. 40, 10779 Berlin. For more information about the Trustami trust seal, see Trustami’s privacy policy: https://www.trustami.com/datenschutz/.

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This privacy policy is currently valid and is dated September 2022.

Due to the further development of our website and offers on it or due to changed legal or official requirements, it may become necessary to change this data protection declaration.