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This data protection declaration describes how McMakler GmbH (hereinafter McMakler) collects, uses, stores, passes on and protects your personal data. If you have any questions regarding data protection which are not answered in this data protection declaration or if you would like further information, please do not hesitate to contact us at email@example.com.
In the context of this data protection declaration we use the following definitions. For your better understanding, you will find here a brief explanation of the terms used within the meaning of Art. 4 para. 1 DSGVO.
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, , organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, reconciliation or linking, restriction, erasure or destruction.
"Limitation of processing" means the marking of stored personal data with the aim of limiting their future processing.
"Profiling" means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this 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.
"controller" means the natural or legal person, authority, body, 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 specified by Union law or the law of the Member States, the controller or certain criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
"processor" means a natural or legal person, authority, institution or other body processing personal data on behalf of the data controller.
"Recipient" means a natural or legal person, authority, institution or other body to which personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union law or the law of the Member States under a particular investigation mandate shall not be considered recipients; the processing of such data by the said authorities shall be carried out in accordance with the applicable data protection rules in accordance with the purposes of the processing.
"third party" means a natural or legal person, authority, institution or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the data processor.
"Consent" means any voluntary declaration of consent, in an informed and unequivocal manner, in the form of a declaration or other clear affirmative act, to which the data subject indicates that he/she agrees to the processing of personal data concerning him/her.
We take the protection of your personal data very seriously. This is why we process them exclusively in accordance with the General Data Protection Regulation (DSGVO) and other national data protection laws. This is necessary to provide a functional website. In addition, we can make our content and services available to you.
As a matter of principle, personal data will be processed if you have given your consent. An exception to this only takes place if for real reasons no consent can be obtained and legal regulations permit data processing.
The data will only be processed to the extent that it is lawful. Legality exists if at least one condition specified in Art. 6 para. 1 DSGVO is fulfilled. We delete your data as soon as the purpose of storage ceases to apply or a period prescribed by law (usually 7 days) has expired. You have the possibility to disagree to data processing with effect for the future at any time. For this purpose, please send us a written declaration of revocation in writing by post or by e-mail.
Our service is not directed at children under 13 years of age and we do not knowingly collect data from under 13 years of age. If, when we collect the data, we determine that it is the data of a child under the age of 13, we will not process or retain it without the consent of the parent or guardian. However, if we have ever processed a child's data, we will make every effort to remove this information from our systems.
When you visit our website, our system automatically collects data and information from your computer system. The following data is collected:
This data is stored in the log files of our system. This data is not stored together with other personal data.
The data is stored in the log files to ensure the functionality of our website. In addition, we can use the data to optimize our website and ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f) DSGVO also lies in these purposes. The stored data will be deleted as soon as their purpose is fulfilled. If the data is collected for the provision of the website, its purpose is achieved when the session is terminated. Since the collection of data for the provision of the website and the storage of data in log files is absolutely essential for the operation of the website, there is no possibility of objection for you.
We use so-called "cookies" on our website. These are text files that are stored on your mobile device. Some of the cookies we use, so-called session cookies, are deleted immediately when you close your browser, i.e. when you end the session. Other cookies are still stored on your device and enable us and our third party providers (see 5.2.) to recognize your browser the next time you visit our website (persistent cookies). Cookies are processed to an individual extent and collect data such as browser and location data as well as IP address values. Persistent cookies are automatically deleted after a specified period.
Cookies are used to make your visit to our website attractive and to enable the use of certain functions. If the cookies we set process personal data, the processing pursuant to Art. 6 para. 1 lit. b) DSGVO either for contractual purposes or pursuant to Art. 6 para. 1 lit. f) DSGVO for the protection of our legitimate interests of a user-friendly website is lawful.
Under 5.2. you can find out about the type and extent of data processing via the cookies collected from third party providers.
To prevent cookies from being set, you can set your browser so that you are informed when cookies are set and can decide individually whether to accept them or generally exclude the acceptance of cookies in certain cases. The type of browser setting is different for each browser. You will find a description of the cookie settings for the respective browser under the following links:Internet Explorer
Please note that the functionality of our website may be limited if cookies are not accepted.
During your visit to our website, your data may be collected and used. The following is a list of possible data processing by us or other sources.
To enable you to use our service, we provide you with the following forms for your particular requirements. If you fill out this form, we will receive the entered data and process them.
Through this form we accept inquiries and then provide our services. In order to give you a realistic valuation of your property, the following information is required:
Through this form we add inquiries from prospective buyers to our search file and then make our services available. In order to present suitable properties to you, the following information is required:
Through this form we accept applications for properties marketed by us on behalf of our clients. In order to be able to offer you an application procedure with a chance of success, the following information is required.
This data is deleted as soon as the purpose for storage no longer exists. By filling in the form, you consent to data processing and storage for the above-mentioned purposes in accordance with Art. 6 para. 1 lit. a) DSGVO. Furthermore, data processing for the implementation of pre-contractual measures with you and upon conclusion of the contract for the fulfilment of the contract in accordance with Art. 6 para. 1 lit. b) DSGVO is legal. You can revoke the data processing by sending a written declaration of revocation to firstname.lastname@example.org
When you visit our website, data from third parties may also be collected and processed. This is done for web and marketing analysis and through social networks.
The tracking measures listed below and used by us are processed lawfully within the meaning of Art. 6 para. 1 sentence 1 letter f) DSGVO, i.e. to safeguard our legitimate interests. Basically, we want to continuously optimize our website and record and evaluate it statistically.
We use Google Analytics, a web analysis service of Google Inc (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google"). Google Analytics uses "cookies", which are text files placed on your device, to help the website analyze how users use the site. The information generated by the cookie such as:
We use the Google Tag Manager. Through this service of Google Inc. (see above). website tags can be managed via an interface. The Google Tag Manager only implements tags. This means that no cookies are used and no personal data is collected. The Google Tag Manager triggers other tags that may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, it remains valid for all tracking tags if they are implemented with the Google Tag Manager.
Our website also uses Google Optimize. Google Optimize analyses the use of different variants of our website and helps us to improve the user-friendliness according to the behaviour of our users on the website. Google Optimize is a tool integrated in Google Analytics (see 188.8.131.52.).
This website uses Mouseflow, a web analysis tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark, to record randomly selected individual visits (with anonymous IP address only). This creates a log of mouse movements and clicks with the intention of randomly sampling individual website visits and deriving potential improvements for the website. The information is not personal and will not be passed on. If you do not want a recording, you can disable the mouseflow on all websites by clicking the following link: www.mouseflow.com/opt-out/
For marketing purposes we use the following marketing services. Data processing is carried out in our legitimate interest in accordance with Art. 6 I lit.f) DSGVO.
Facebook is an Internet advertising service that allows advertisers to target users directly on Facebook and on the Facebook advertising network. The purpose of Facebook is to promote our website by displaying interest-relevant advertising on Facebook and the Facebook advertising network. This website uses technologies from Facebook Inc. "("Facebook", 1601 S. California Ave, Palo Alto, CA 94304, USA). Facebook uses tracking cookies to track Facebook ads based on information about user behavior and device-related information. For more information about the purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your setting options to protect your privacy, please refer to the Facebook data protection guidelines. If you don't want interest-based ads to appear, you can disable this feature in Facebook Ads Controls. For information on how you can prevent cookies from being set, see 4 "Cookies".
affilinet is an Internet advertising service, a so-called partner program. This is a service for the integration of advertisements and for the analysis of advertising traffic via the respective advertisements. The purpose of affilinet is to promote our website by displaying interest-relevant advertising in the partner network. This website uses technologies from affilinet GmbH ("affilinet", Sapporobogen 6-8, 80637 München). affilinet uses tracking cookies to correctly record clicks and conversions on our website (a certain digital action, e.g. filling out a form). This cookie is set by the domain partners.webmaster-plan.com or banners.webmasterplan.com. You can see how you can prevent cookies from being set under 4. "Cookies". affilinet tracking cookies store the ID of the referring partner (on whom the advertisement was placed) and the order number of the advertising material (banner, text link, etc.) clicked by the visitor that is required for payment processing. When a transaction is concluded, the Partner ID is used to assign the commission to be paid to the referring partner. Find out more about data protection at affilinet here. You can also find out more information about the use of data in connection with affilinet at http://modules.affili.net/consent/program/15845 and prevent the use of affilinet.
Criteo specialises in creating and delivering personalised advertising via "Criteo Dynamic Retargeting" and "Criteo Sponsored Products". Criteo cooperates with online partners to offer advertising to users who visit their websites or use their apps. Criteo also cooperates with publishers to display personalized advertising. The purpose of Criteo is to promote our website by displaying interest-relevant advertising on Criteo's partner pages. This website uses technologies of "Criteo", operated by Criteo SA, 32 rue blanche, 75009 Paris, France. Criteo collects information about tracking cookies placed in the user's browser or advertising IDs in environments that do not support cookies, such as apps. Using these technologies, Criteo can analyze trends and identify the interests of individual users in terms of websites and apps. The following data on surfing behavior is collected:
The following information is also recorded automatically:
A hashed (pseudonymised) e-mail address is also transferred in the tracking cookie (see 1.5. "Pseudonymisation"). This is required for optimized cross-device modulation. If you do not want interest-based advertising to be displayed, you can deactivate this function here. For information on how you can prevent cookies from being set, see 4 "Cookies".
DCMN is a service for (Internet) advertising. This website uses technologies of DCMN GmbH ("DCMN", Boxhagener Str. 18, 10245 Berlin). The technology depends on a cookie-based analysis of user behavior to optimize marketing control based on user behavior. For information on how to prevent cookies from being set, see 4 "Cookies". In addition, you will find all information on data protection at DCMN here.
Outbrain is an Internet advertising service that allows advertisers to target users with advertising on Outbrain's partner websites. This advertising only appears on Outbrain advertising spaces, either on advertising spaces of Outbrain Engage or the Outbrain Extended Network. The purpose of Outbrain is to promote our website by displaying advertisements relevant to your interests on the respective partner sites. This website uses technology of Outbrain Inc. "("Outbrain", 39 W 13th Street New York, NY 10011 USA). The technology depends on a cookie-based analysis of user behavior. If you do not want interest-based advertising to be displayed, you can deactivate this function here. For information on how you can prevent cookies from being set, see 4 "Cookies".
Pardot is an offer from Salesforce.com, Inc, ("Salesforce", The Landmark @ One Market Street, San Francisco, CA 94105, USA) and is a marketing automation software. After a user has given us permission for e-mail communication, we use the Pardot platform for sending e-mails (see 6. "Marketing e-mails"). Emails sent using Pardot use tracking technologies. We use this information to identify topics relevant to you by tracking whether the emails are opened and which links within the email are clicked on. You can unsubscribe from marketing e-mails at any time by following the unsubscribe link in the respective e-mail or by sending an e-mail to email@example.com
We use social networks on our website. Here you can see which company processes data in this context. Data processing is based on our legitimate interest pursuant to Art. 6 para. 1 lit. f) DSGVO.
Our website contains plugins from Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. Facebook is a social network. The respective plugin can be recognized by the Facebook logo or the "Like Me button". You can view the complete overview of all Facebook plugins here. As soon as you visit our website, the Facebook plug-in establishes a direct connection between your Internet browser and the Facebook servers. This way, Facebook is informed that your IP address has been used to visit our website. If you are logged in to Facebook, you can use the "Like Me" button to link to the relevant content on our website in your Facebook profile. Facebook will then be able to associate your visit to our website with your Facebook account. We, as the provider of our website, are not informed by Facebook about the content of the transmitted data or the use of the data. Here you can get more information. If you are a member of Facebook but do not want Facebook to receive information about you through our website and connect to your membership information, you must log out of Facebook before visiting our website.
You will find on our website plugins of the social network LinkedIn and LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter referred to as "LinkedIn"). You can recognize the LinkedIn plugins by the corresponding logo or the "Recommend" button. Please note that the plugin establishes a connection between your Internet browser and the LinkedIn server when you visit our website. LinkedIn is thus informed that our website has been visited with your IP address. If you click the "Recommend-Button" of LinkedIn and are logged into your LinkedIn account at the same time, you have the possibility to link content from our website on your LinkedIn profile page. In doing so, you enable LinkedIn to assign your visit to our website to you or your user account. You must know that we have no knowledge of the content of the transmitted data and its use by LinkedIn. Please contact LinkedIn for more details on data collection, your legal options and recruitment options. These are made available to you here.
Our website contains functions of Twitter Inc, 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA. If you use Twitter and especially the "Re-Tweet" function, Twitter links your Twitter account to the websites you visit frequently. This will be announced to other users on Twitter, especially to your followers. This is also the way to transfer data to Twitter. We, as the provider of our website, are not informed by Twitter about the content of the transmitted data or the use of the data. Here you can get more information. Please note, however, that you can change your privacy settings on Twitter in your account settings there.
We use Ambassador to establish a partner network within our affiliate portal (mcmakler.getambassador.com). Ambassador is a referral marketing software offered by Zferral, Inc.dba Ambassador Software, 301 West 4 th Street, STE 301, Royal Oak, MI 48067, USA.Contact details that are submitted after program registration will be stored within the software for further management of the partnership.
The legal basis of data processing is your consent pursuant to Art. 6 (1) of the GDPR and our legitimate interest in implementing the partner network pursuant to Art. 6 (1) (f) of the GDPR. For more information about Ambassador's data processing and data privacy, visit https://www.getambassador.com/privacy.
If you have given us your consent for communication by e-mail in the course of our service, we will send you relevant e-mails on all aspects of real estate. The data that we process in this course, we have collected through previous services you have used with us. After obtained consent, the sending of marketing e-mails is legal pursuant to Art. 6 para. 1 lit. a) DSGVO. If you are already an existing customer of ours, the sending of marketing e-mails is permitted according to § 7 III UWG after the provision of services. However, if you no longer wish to receive these marketing e-mails, please send a written cancellation to firstname.lastname@example.org. You can also unsubscribe from marketing emails at any time by following the unsubscribe link in the marketing email.
You have the possibility to contact us via the following e-mail addresses.
Data protection-relevant topics: email@example.com
General Customer Service: firstname.lastname@example.org
Topics around real estate marketing: email@example.com
In this case we process and store the personal data transmitted by the e-mail. This will be your email address and any other information you provide. Such data processing is necessary for the processing of the conversation. Data processing is based on our legitimate interest within the meaning of Art. 6 para. 1 lit. f) DSGVO and is therefore legal, provided that you are not unreasonably restricted in your rights as a result. If the establishment of contact serves the conclusion of a contract, the processing according to Art. 6 Abs. 1 lit. b) DSGVO is legal. If you provide further data without being asked, the processing is based on your consent within the meaning of Art. 6 para. 1 lit. a) DSGVO. We delete this data as soon as the conversation is over and there is no longer a purpose for storing it. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified. All other data transmitted by the sending process will be deleted after a period of 7 days at the latest. The data processing can be contradicted by a written declaration of the revocation of the data processing to firstname.lastname@example.org
We disclose personal information to comply with legal obligations, investigate complaints about offers or content that infringe the rights of third parties, and protect the rights, property or safety of others. This information will only be disclosed in accordance with the applicable laws. As stated above, we will not disclose your personal data to third parties for their marketing purposes without your consent.
We may also disclose your personal information to law enforcement or regulatory authorities or authorized third parties on the basis of a request for information in connection with a criminal investigation or suspicion of a criminal offence, an unlawful act or other actions that may give rise to legal liability for us, you or another user. In such cases, we will disclose information necessary for the investigation, such as name, city, zip code, telephone number, e-mail address, previous user names, IP address, fraud complaints and offer overview.
The applicable data protection law grants you as a data subject comprehensive rights of data subjects (rights of information and intervention) with respect to the data controller (McMakler) with regard to the processing of your personal data, about which we inform you in the following:
The data subject has the right to request confirmation from the data controller as to whether personal data concerning him/her are processed.
If personal data of the data subject are processed, the data subject has the right of access to this personal data and to the following information:
The data subject shall have the right to request the controller to rectify any inaccurate personal data concerning him/her without delay.
Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
The data subject shall have the right to require the data controller to delete personal data concerning him/her without delay and the data controller shall be obliged to delete personal data without delay if one of the following reasons applies:
However, the above does not apply if the processing is for legal purposes (see 8.).
The data subject has the right to require the controller to restrict processing if one of the following conditions is met:
Accordingly, where processing has been restricted, such personal data may not be processed except with the data subject's consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
A data subject who has obtained a restriction on processing shall be informed by the controller before the restriction is lifted.
The data subject has the right to receive the personal data concerning him/her which he/she has provided to a controller in a structured, current and machine-readable format and he/she has the right to transmit this data to another controller without interference by the controller to whom the personal data have been provided, provided that:
In exercising his right to data transferability, the data subject shall have the right to have the personal data transferred directly by a data controller to another data controller, where this is technically feasible.
The data subject has the right to object at any time to the processing of personal data concerning him/her on the basis of Article 6(1)(e) and (f) for reasons arising from his or her particular situation; this also applies to profiling based on these provisions. The data controller no longer processes the personal data unless he can prove compelling grounds for protection 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.
The person concerned has the right to revoke his/her consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation. The person concerned will be informed before giving his/her consent. The revocation of consent must be as simple as the granting of consent.
Without prejudice to any other administrative or judicial remedy, any data subject shall have the right of appeal to a supervisory authority, in particular in the Member State of his habitual residence, place of work or place of presumed infringement, where the data subject considers that the processing of personal data concerning him or her is contrary to this Regulation.