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Name and contact of the responsible according to the article 4 paragraph 7 DSGVO

ImmobilienBau Mallorca
Vito Bruno Bertucci
Carrer / Placa de l' Església 6
07509  Son Macia

Phone:      0034 - 971 816 905
Mobile:  0034 - 609 814 326             
Mail: bertucci@immobilienbau-mallorca.de

Safety and protection of your personal data

We consider it as our primary responsibility, to safe the confidentiality provided personal data from you and protect them from unauthorized access. That's why we use the outermost care and latest safety standards, to ensure the maximum protection of your personal data.

As private company, we are subject to the regulations of the European Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG). We have made technical and organizational measures, which secure, that the regulations about the data protection are respected, from us as well as from the external service providers.

Term Definition

The legislation demands, that personal data has to be processed lawfully, with faith and loyalty and in a reasonable way for the affected person (“lawfulness, processing with faith and loyalty, transparence”). To ensure this, we inform you about the individual legal term definitions, which are also used in this data protection:

  1. Personal Data
    “Personal Data” are all the informations, which refer to an identified or identifiable person (in the following “affected person”); an identifiable person is viewed as a natural person, which can be identified directly or indirectly, in particular in relation with an identification such as a name, an identification number, location data, to an online identification or special features, which express the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person.

  2. Processing
    “Processing” is everyone, with or without help of automatic methods, performed procedures or any such procedure series in relation with personal data like impose, capture, organize, order, saving, adapt or change, retrieval, consultation, use, disclosure by transmission, dissemination or an other form of availability, alignment or association, limitation, deleting or destroying.

  3. Limitation of the processing
    “Limitation of the processing” is the mark of saved personal data with the aim, to restrict their future processing.

  4. Profiling
    “Profiling” is any kind of automated processing of personal data, which consists of, that these personal data are used, for special personal aspects, which refer to a natural person, to evaluate and predict especially the aspects regarding working performance, economic situation, health, personal preferences, interests, reliability, behavior, abode or change of location of this natural person.

  5. Pseudonymous
    “Pseudonymous” is the processing of personal data in a way, that the personal data without adding any further information can't be related to a specific person, as long as these informations are provided separately and subject to technical and organizational measures, to ensure, that the personal data can not be assigned with an identified or identifiable natural person.

  6. File System
    “File System” is any structured collection of personal data, which is accessible according to specific criteria, whether they are centralized, decentralized or organized on functional or geographical point of views.

  7. Responsible
    “Responsible” is a natural or legal person, public authority, body or another body, which decides alone or jointly about the purposes and means of the processing of personal data; are the purposes and means of the processing determined by Union law or the law of the Member States, the responsible or the specific criteria for his designation may be laid down by Union law or by the law of the Member States.

  8. Processor
    “Processor” is a natural or legal person, public authority, body or another body, which processes personal data behalf of the responsible.

  9. Recipient
    “Recipient” is a natural or legal person, public authority, body or another body, to which personal data are disclosed, whether or not it is a third party. Public authorities, which might receive personal data in connection of a specific investigation task under the Union law or the law of the Member States, are not considered as “recipient”; the processing of these datas with the named public authorities work in accordance with the applicable data protection rules according with the purposes of the processing.

  10. Third Party
    “Third Party” is a natural or legal person, public authority, body or another body apart of the affected person, the responsible, the processor and the persons, who are authorized to process the personal data under the direct responsibility of the responsible or the processor.

  11. Approval
    An “Approval” of the affected person is any voluntarily, informed and unambiguous expression of a particular case, in form of a statement or other unambiguous affirmative act, by which the data subject indicates the consent to the processing of personal data.

Legality and Processing

The processing of personal data is only legal, when there is a legal foundation for the processing. Legal foundation for the processing in accordance to article 6 paragraph 1, lit. GDPR can be as follows:

  1. the affected person gave its approval for the processing of its personal data for one or more specific purposes;

  2. the processing is necessary for the performance of a contract, whose contract-party is the affected person, or for the implementation of pre-contractual measures, which follow with a request of the affected person;

  3. the processing is necessary to fulfill a legal obligation, which the responsible is subject of;

  4. the processing is necessary, to protect important life interests of the affected person or another natural person;

  5. the processing is necessary for the perception of a task, which lies in public interest or in the performance of public violence, which was transferred to the responsible;

  6. the processing is for securing the legitimate interests of the responsible or a third party, as long as the interests or the fundamental rights and fundamental freedom of the affected person, which require the protection of personal data, outweigh, especially than, when the affected person is a child.

Information about the elevacion of personal data

(1) In the following we will inform about the elevation of personal data using our website. Personal data are for example name, address, mail address, user behavior.

(2) When contacting us via mail, the from you provided data (your mail address, possibly your name and your telephone number) are saved, to answer your questions. The in this context obtained data will be deleted, when the saving is not longer necessary, or the processing is limited, in case there are legal saving obligations.

Elevation of personal data when visiting our website

When only using the website informational, so when you do not register or give us any other information, we only elevate the personal data, which your browser submits to our server. When you only want to look at our website, we elevate the following data, which are technically required, to show you our website and to ensure stability and security (legal basis is article 6 paragraph 1 page 1 lit. f GDPR):

  • IP-Address – anonymized
  • Date and Time of the request
  • Time Zone Difference to Greenwich Mean Time (GMT)
  • Content of the request (concrete page)
  • Access Status/ HTTP Status Code
  • Transferred amount of data each time
  • Website, from which the request comes
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

Use of Cookies

(1) In addition to the before mentioned data, when using our website cookies will be saved on your computer. Cookies are small text files which are stored on your hard drive associated with the browser you are using and through which certain information flows to the place that sets the cookie. Cookies can not execute programs or transmit viruses on your computer. They serve to make the internet, user-friendlier and more effectively.

(2) This website uses the following kind of cookies, whose scope and functionality are explained below:

  • Transient Cookies (here a.)

  1. Transient Cookies are deleted automatically, when you close the browser. These are especially the Session-Cookies. These save a so called session-ID, which can be used to associate different requests from your browser with the common session. Therefore your computer can be recognized when you return to our website. The Session-Cookies are deleted when you log out or when you close the browser.

  2. You can configure your browser-settings according to your wishes and
    for example refuse the acceptance from Third-Party-Cookies or any other cookies. So called “Third-Party-Cookies” are cookies, which where set by a third party, consequently not by the website you are currently on. We advise you, that if you deactivate the cookies, you may not be able to use everything on this website.

Further features and offers on our website

(1) Apart of the only informational use of our website we offer different features, which you can use when interested. In this case you usually have to provide further personal data, which we use to provide the respective services and for the before mentioned guidelines of data processing apply.

(2) Partly we use external service providers to process your data. These were selected carefully and instructed, are tied to our instructions and are checked regularly.

(3) Further we can transmit your personal data to third-parties, when we offer promotions, sweepstakes, contract conclusions or similar services in conjunction with partners. You can receive further informations by providing your personal data or in the offer description below.

(4) If our service provider or partner is based in a state outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the offer description.

Newsletter

(1) With your approval, you can subscribe our newsletter, with which we will inform you about current and interesting offers. The advertised goods and services which are named in the declaration approval.

(2) For the registration of our newsletter we use the so called Double-Opt-in-procedure. This means, that after your registration we will send you a mail to the provided mail address, in which we ask you to confirm, that you wish to receive our newsletter. If you don't accept the registration within 24 hours, your information will be suspended and deleted automatically after a month. Furthermore we save your used IP-address and time of the registration and confirmation. The purpose of the procedure is, to be able to prove your registration and if necessary to clarify, in case of misuse of your personal data.

(3) The only obligatory data to transmit the newsletter is your mail address. The indication of further, special marked data are voluntary and will be used, to contact you personally.  (3) After your confirmation we will save your mail-address for the purpose of sending the newsletter. The legal foundation is (3) article 6 paragraph 1 page 1 letter a GDPR.

(4) You can revoke your approval of sending the newsletter at any time and cancel the newsletter. The revocation can be done by clicking the link provided in every newsletter-mail (4) with the form on the website, sending a mail to bertucci@immobilienbau-mallorca.de or by sending a message to the contact details given in the imprint.

(5) We advise, when sending the newsletter we will evaluate your user behavior. For this evaluation the mails sent contain so called Web-Beacons or Tracking-Pixel, which present One-Pixel-Picture-Files, which are saved on our website. For the evaluation we link the in § 3 (5) data mentioned in paragraph 3 and the Web-Beacons with your e-mail address and an individual IP-address. (5) The datas are collected exclusively under a pseudonym, so the ID s are not linked to any further personal data from you, a direct personal reference is therefore excluded.(5) You can refuse this tracking any time by clicking the link provided in every e-mail or inform us over an other way of contact. The information is saved as long as you subscribe the newsletter. After a cancellation we save the data only statistically and anonymously.

Children

Our offer is basically only aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the approval of their parents or legal guardian.

Rights of the affected person

(1) Revocation of the approval

As long as the processing of the personal data is based on a given approval, you have the right to revoke the approval at any time. The revocation of the approval will not affect the legality of the processing carried out on the basis of the approval up to the revocation.

To exercise the right of revocation you can contact us at any time.

(2)Right of Confirmation

You have the right, to request a confirmation from the responsible, if we processed the personal data. You can request a confirmation at any time at the contact details above.

(3) Right to information

When personal data is processed, you can request information about these personal data at any time and about the following information:

  1. the processing purposes;

  2. the categories of personal data, that will be processed;

  3. the recipients or categories from recipients, to whom the personal data has been or will be disclosed, especially recipients in third countries or international organizations;

  4. if possible, the planned duration, for whom the personal data is saved, or, in case it is not possible, the criteria for determining the duration;

  5. the existence of a right to rectify or delete the you concerning personal data or limitation of processing through the responsible or a contradiction against the processing;

  6. the existence of a right to complain at a supervisor authority;

  7. when the personal data is not collected from the affected person, all available information about the origin of the data;

  8. the existence of an automated decision finding including profiling in accordance to article 22 paragraph 1 and 4 GDPR and – at least in these cases – meaningful informations about the involved logic as well as the scope and the desired effects of such a processing for the affected person.

Is personal data provided to third countries or to an international organization, you have the right, to be informed about the appropriate safeguards in accordance to article 46 GDPR in relation to the transmission. We provide a copy of the personal data, which is subject of the processing. For any further copies which are requested, we may charge a reasonable fee based on administrative costs. If you submit the application electronically, the information has to be provided in a common electronic format, unless otherwise stated. The right to receive a copy according paragraph is not allowed to impair the rights and freedom of other persons.

(4) Right of Correction

You have the right, to ask from us immediately the correction of incorrect personal data. Under the consideration of the purposes of the processing you have the right to ask, to complete incomplete personal data – also with a supplementary explanation.

(5) Right of Cancellation ("Right to be forgotton")

You have the right, to ask the responsible, to delete immediately the affected personal data, and we are obliged to delete the personal data immediately, in case of one of the following reasons:

  1. the personal data provided is no longer necessary for the purposes for which they were provided or in an other way processed

  2. the affected person revokes its approval on which the processing in accordance to article 6 paragraph 1 letter a or article 9 paragraph 2 letter a GDPR was based, and there is missing an other legal foundation for the processing.

  3. The affected person files an objection in accordance to article 21 paragraph 1 GDPR against the processing, or the affected person files objection against the processing in accordance to article 21 paragraph 2 GDPR.

  4. The personal data was processed unlawfully

  5. The cancellation of the personal data is necessary to fulfill a legal obligation under the Union law or the law of Member States to which the responsible is subject of.

  6. The personal data was collected in relation to offered services of the information society in accordance to article 8 paragraph 1 GDPR.

Did the responsible make the personal data public and is obligated to cancellation according to paragraph 1, he has to take under reasonable measures the available technology and the implementation costs, also technical arts, to inform the responsible of the processing who processes the personal data, that the cancellation of all links to the personal data or copies or replications of these personal data are requested.

The right to cancellation (“Right to be forgotten”) does not exist, as far as the processing is necessary:

  • to exercise the rights free opinion manifestation and information;
  • to complete a legal obligation, that the processing according the Union law or the law of Member States, which the responsible is object to, asks, or acceptance of a task, which lies in the public interest or in exercise of official authority, which has been passed to the responsible;
  • reasons of public interest in in the field of public health in accordance to article 9 paragraph 2 letter h and I as well as article 9 paragraph 3 GDPR;
  • for in public interest lying archival purposes, scientific or historical research purposes or statistical purposes in accordance to article 89 paragraph 1 GDPR, as long as the right in paragraph 1 is likely to realize the aims of this processing which makes it impossible or impairs seriously, or
  • Assertion, exercising or protection of legal claims.

(6) Right of limitation of processing

You have the right, to ask from us the limitation of processing of your personal data, if one of the following conditions is given:

  1. the accuracy of the personal data of the affected person is disputed, for a period of time, which makes it possible for the responsible, to examine the accuracy of the personal data;

  2. the processing is unlawful and the affected person rejects the cancellation of the personal data and instead asks for the restriction of the use of the personal data;

  3. the responsible does not need the personal data for any further purposes, but the affected person uses them for assertion, exercising or protection of legal rights, or

  4. the affected person filed an objection against processing in accordance to article 21 paragraph 1 GDPR, as long as it is not clear wether the legitimate reasons of the responsible toward the affected person overweigh.

Was the processing restricted according the requirements above, like that the personal data – is seen from your saving – just with the approval of the affected person or assertion, exercising or protection of legal claims or to protect the rights of an other natural or juristic person or because of reasons of an important public interest of the Union or a Member State being processed.

To claim the right of limitation of processing, the affected person can contact us at any time with the above contact details.

(7) Right of data transmission

You have the right to receive the from you provided personal data, in a structural, useful and readable for machines, and you have the right, to give this data to an other responsible without any problems, with the responsible whom the personal data was provided, transmit, as long as:

  1. the processing relies on an approval in accordance to article 6 paragraph 1 letter a or article 9 paragraph 2 letter a or on a contract in accordance to article 6 paragraph 1 letter b GDPR and

  2. the processing takes place with help of automated procedures.

Exercising the right of data transmission in accordance to paragraph 1, you have the right to obtain, that the personal data is provided directly from one responsible to an other responsible, as long as it is technically possible. The exercising of the right to data transmission leaves the right to cancellation (“Right to be forgotten”) untouched. This right does not apply for a processing, which is necessary for a perception of a task, which lies in public interest or in exercise of public authority, which has been assigned to the responsible.

(8) Right of objection

You have the right, for reasons which result out of special situations, to file objection against the processing of your personal data, which result in accordance to article 6 paragraph 1 letter e or f GDPR; this also applies for profiling based regulations. The responsible does not process the personal data anymore, unless he can prove compelling legitimate reasons for the processing, which overweigh the interests, rights and freedoms of the affected person, or the processing is for assertion, exercise or protection of legal claims.

When personal data is processed, for the reason of direct marketing, you have the right, to file objection against the processing of your personal data for reasons of such marketing; this also applies for profiling, as long as it is related to this kind of marketing. Contradict the processing for reasons of marketing, like this the personal data will not be used for this reasons.

In combination of the use of services of the information company you can exercise your right of objection regarding the guideline 2002/58/EG exercising the right of objection, where technical specifications are used.

You have the right, for reasons which result out of a special situation, to file objection against affected processing of your personal data, which are used for scientific or historical research purposes or for statistical purposes in accordance to article 89 paragraph 1, unless, the processing is to fulfill a task of the public interest.

The right of objection can be exercised at any time, when contacting the responsible.

(9) Automated decisions in individual cases including profiling

You have the right, not to be subjected to a decision based solely on automated processing, including profiling, that has any legal effect on you, or similarly affect you in a similar way. This does not apply if the decision:

  1. is necessary for the completion or fulfillment of a contract between the affected person and the responsible;

  2. is authorized on the basis of the legislation of the Union or the Member States to which the responsible is subject to, and these legislation contains adequate measures to safe the rights and freedoms as well as the legitimate interests of the affected person or

  3. with approval of the affected person.

The responsible makes appropriate measures, to protect the rights and freedoms as well as the legitimate interests of the affected person, whereto at least the right to obtain the intervention of a person from part of the responsible, to state your own point of view and contesting the decision.

The affected person can exercise this right at any time, by contacting the responsible.

(10) Right to complain at a supervisor authority

In addition, you have the right without prejudice to any other administrative or judicial remedy, to complain to a supervisor authority, especially in the Member States of your residence, your place of work or the place of alleged infringement, if the affected person considers that the processing of your personal data is contrary to these regulations.

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or extrajudicial remedy including the right to complain at a supervisor authority in accordance to Article 77 GDPR the right to an effective judicial remedy if you consider that the rights under this regulation have been infringed as a result of the processing of your personal data, not in accordance with this regulation.

Integration of Google Maps

(1) On this website we use the services of Google Maps. Therefore we can show you interactive maps directly on the website and enables you the comfortable use of the map function.

(2) Durch den Besuch auf der Website erhält Google die Information, dass Sie die entsprechende Unterseite unserer Website aufgerufen haben. Zudem werden die unter § 3 dieser Erklärung genannten Daten übermittelt. Dies erfolgt unabhängig davon, ob Google ein Nutzerkonto bereitstellt, über das Sie eingeloggt sind, oder ob kein Nutzerkonto besteht. Wenn Sie bei Google eingeloggt sind, werden Ihre Daten direkt Ihrem Konto zugeordnet. Wenn Sie die Zuordnung mit Ihrem Profil bei Google nicht wünschen, müssen Sie sich vor Aktivierung des Buttons ausloggen. Google speichert Ihre Daten als Nutzungsprofile und nutzt sie für Zwecke der Werbung, Marktforschung und/oder bedarfsgerechten Gestaltung seiner Website. Eine solche Auswertung erfolgt insbesondere (selbst für nicht eingeloggte Nutzer) zur Erbringung von bedarfsgerechter Werbung und um andere Nutzer des sozialen Netzwerks über Ihre Aktivitäten auf unserer Website zu informieren. Ihnen steht ein Widerspruchsrecht zu gegen die Bildung dieser Nutzerprofile, wobei Sie sich zur Ausübung dessen an Google richten müssen.

(3) Weitere Informationen zu Zweck und Umfang der Datenerhebung und ihrer Verarbeitung durch den Plug-in-Anbieter erhalten Sie in den Datenschutzerklärungen des Anbieters. Dort erhalten Sie auch weitere Informationen zu Ihren diesbezüglichen Rechten und Einstellungsmöglichkeiten zum Schutze Ihrer Privatsphäre: www.google.de/intl/de/policies/privacy. Google verarbeitet Ihre personenbezogenen Daten auch in den USA und hat sich dem EU-US Privacy Shield unterworfen, https://www.privacyshield.gov/EU-US-Framework.