UPARTMENTS Real Estate GmbH with its brands Linked-Living, Youniq & Joyn (we, us inform you in the following paragraphs about the processing of your personal data by us. When we talk about data in the following, we mean your personal data. This is any information from which you can be directly or indirectly identified as a person. We are obliged to provide this information in accordance with the General Data Protection Regulation (GDPR).
1. Who is responsible for processing of data and who can be contacted?
Controller for processing of your personal data is:
UPARTMENTS Real Estate GmbH
Tel: [+49 341 98998400]
In case of questions concerning privacy you may contact our data protection officer at any time:
c/o eyeDsec Information Security GmbH
Tel.: +49 (921) 23059035
2. What data do we use and where do we get this data from (sources)?
We process the data that we receive directly from you or from third parties commissioned by you for this purpose (e.g. your bank, guarantors or corresponding service providers for the purpose of providing rental security) for the conclusion and implementation of the tenancy.
This data includes in particular your contact details (such as first name, surname, address when the tenancy agreement is concluded as well as address and flat number of the rented property, telephone number, e-mail address), your date of birth, your bank details, your creditworthiness data (such as your Schufa information and your salary statements).
If a rental contract is concluded, we also process the following data: Data about your rent payments and any outstanding debts, your consumption data (e.g. for heating, water and electricity), information about the condition of the flat e.g. when you move out or if complaints are being issued and any other data you provide us with.
If you occupy a publicly subsidised flat, we also process the information from the housing entitlement certificate, whether your housing entitlement certificate has been withdrawn and whether the tenancy complies with the housing entitlement certificate.
3. What do we process your data for (purposes) and on which legal basis?
We process your data for the decision on the conclusion of a tenancy agreement as well as for the preparation and implementation of the tenancy agreement. This is legally based on Article 6(1)(b) GDPR.
In addition, we are subject to various legal obligations, i.e. legal requirements, e.g. from the German Commercial Code (HGB), the German Fiscal Code (AO) and the German Money Laundering Act (GWG) as well as local laws in the country of your potential tenancy. The processing of your data for these purposes is based on Article 6(1)(c) GDPR.
We also process your data to protect the legitimate interests of us or third parties in accordance with Article 6(1)(f) GDPR. Our legitimate interests are, for example, the assertion, enforcement, exercise or defence of legal claims or defence against legal disputes, including judicial assertion, exercise, enforcement or defence of our rights and claims based on or in connection with the tenancy. In addition, our legitimate interests include, for example, direct advertising, insofar as you have not objected to the use of your data for advertising purposes, ensuring IT security, prevention and investigation of criminal offences, measures to ensure housekeeping, for and in connection with corporate transactions, proper administration and measures for the further development of services and products.
Insofar as you have given us consent to process personal data for certain purposes (e.g. sending our newsletter), the lawfulness of this processing is based on your consent in accordance with Article 6 (1) a) GDPR.
4. With whom are we sharing your data with?
We will share your data with entities of the CORESTATE group, which we are part of, that are required in order to decide on the conclusion of a tenancy agreement and for the preparation and execution of the tenancy agreement.
After the conclusion of a tenancy agreement, we share your data with the following recipients:
• the property manager responsible for your rental property;
• other service providers working for your rental property, e.g., tradesmen or technicians, surveyors and metering companies who collect consumption data for us for the purpose of billing operating costs;
• Collection agencies, lawyers, courts for the management of claims in the event of rent arrears or payment of rent security and for the assertion, exercise, enforcement or defence of our rights and claims based on or in connection with the tenancy;
• any prospective purchasers of the Leased Property and surveyors to the extent necessary to value the Leased Property;
• Asset managers and portfolio managers;
• government agencies and authorities, e.g. registration authorities, law enforcement agencies, courts, tax authorities or customs; and
• Energy supply companies.
5. Is data being transmitted to countries outside of the EU or international organisations?
We also share your data with recipients in the UK. These recipients are companies of the CORESTATE group. The transfer to a country outside of the EU takes place in accordance with Article 44 of the GDPR on the basis of an EU adequacy decision (Article 45 of the GDPR) for the UK. Further information on this can be obtained from the contact details listed under point 1.
6. How long is your data being saved?
If a rental agreement is not concluded, we will store your data for 6 months after the rental of the rental property and then delete it.
If a tenancy agreement is concluded with us, we will store your data for the duration of the tenancy agreement. Please note that open-ended tenancies are continuing obligations for a period of years.
We store your creditworthiness data for a further 6 months after the rental property has been let.
In addition, we are subject to various statutory storage and documentation obligations, which result from the German Commercial Code (HGB) or the German Fiscal Code (AO), among other things, and last between two and ten years.
Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB), usually amount to 3 years, but in certain cases can also be up to thirty years, whereby the regular limitation period is three years.
7. Which rights do you have?
In relation to your data and our processing of your data, you have the following rights:
• Right of access to the personal data concerned from Article 15 GDPR;
• Right to rectification under Article 16 GDPR;
• Right to erasure of your data under Article 17 GDPR;
• Right to restrict the processing of your data under Article 18 GDPR;
• Right to data portability under Article 20 GDPR.
• Insofar as we process your data for our legitimate interests or those of a third party, you have the right to object to the processing of your data on the basis of legitimate interests pursuant to Article 21 GDPR at any time for reasons arising from your particular situation.
To assert these rights, you are welcome to contact us directly using the contact details provided in point 1 above.
You also have the right to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR.
8. Is there any obligation to provide your data?
For the establishment and implementation of the tenancy, you must provide the data that is required for the assessment of your suitability as a tenant for the rental property and for the implementation of the tenancy (e.g. your current bank details or contact details for tradesmen) or which we are legally obliged to collect. Without this data, we will generally not be able to carry out the tenancy.
9. Automated decision finding and profiling.
We sometimes process your data automatically with the aim of evaluating certain personal aspects (so-called profiling). We use profiling in the following cases, for example:
• In order to be able to inform and advise you about products in a targeted manner, we use evaluation tools. These enable needs-based communication and advertising, including market and opinion research.
• In the context of assessing your creditworthiness, we use scoring. This involves calculating the probability that a customer will meet his or her payment obligations in accordance with the contract. The calculation may include, for example, income, expenses, existing liabilities, occupation, employer, length of employment, experience from the previous business relationship, contractual payment of previous rent payments as well as information from credit agencies. The scoring is based on a mathematically-statistically recognised and proven procedure. The calculated score values support us in decision-making in the context of product transactions and are included in ongoing risk management.