Privacy notice for customers

This information in accordance with Articles 13, 14 and 21 of the [EU] General Data Protection Regulation (hereinafter “GDPR”) is intended to provide you with an overview of the processing of your personal data by TAG Immobilien AG (hereinafter “TAG”) and of your rights under the European General Data Protection Regulation that took effect on 25 May 2018. Which data are specifically processed and how they are used essentially depends on the business relations and arrangements made with us. Accordingly, not all parts of this data protection information may necessarily apply to you.

1. Who is responsible for data processing and whom can I contact?

The entity responsible for data processing is:

TAG Immobilien AG
Steckelhörn 5,
20457 Hamburg.

You can contact our Data Protection Officer at:

TAG Immobilien AG
Datenschutzbeauftragter
Kreuzstraße 7 c, 04103 Leipzig
E-Mail: datenschutz(at)tag-ag.com.

These contact details of the Data Protection Officer for TAG also apply to all companies affiliated with TAG Immobilien AG (hereinafter “TAG”), i.e. All companies belonging to the TAG Group.

2. When does data protection apply to me and when am I a data subject?

This data protection statement is aimed at customers, visitors to the TAG website, potential tenants, users and other business partners whose personal data are collected by TAG. TAG is the parent company of a group to which all companies affiliated with TAG belong. If the affiliated companies do not have their own operations and do not process your personal data, this task will be assumed by TAG or TAG Wohnen & Service GmbH, which generally acts as representative and authorised agent of the Tag companies and has data protection notices of its own at www.tag-ag.com.

In line with the terminology used in the GDPR, the customers, visitors to the TAG website, potential tenants, users and other business partners whose personal data are collected are also referred to as “Data Subjects”. Data subjects include, in particular, authorised agents, relationship managers or third-party collateral providers such as sureties and guarantors.

For reasons of improved legibility, the need for simultaneous use of male and female language forms has been dispensed with. All designations of persons nevertheless apply to both genders.

3. What sources and data do we use?

We process personal data that we receive within the scope of our business relations from our customers or other data subjects. Furthermore, to the extent necessary for the provision of our services and business activities, we process personal data that have been lawfully obtained from publicly accessible sources (e.g. land registers, debtor registers) or legitimately transmitted to us by other companies of the TAG Group or by other third parties (e.g. credit agencies).

Relevant personal data are personal details (name, address and other contact data, date and place of birth as well as nationality), identification data (e.g. ID card data) and authentication data (e.g. specimen signature). Moreover, this may also include order data (e.g. payment orders), data from the fulfilment of our contractual obligations, information about your financial situation (e.g. creditworthiness data), advertising and sales data including advertising scores, documentation data, data about your use of the telemedia we offer (e.g. access to our website at www.tag-ag.com, apps and/or newsletters, clicked pages or entries and other data comparable with the categories mentioned).

4. What do we process your data for (purpose of processing) and on what legal foundations?

a) to fulfil contractual obligations (Art. 6 (1) b) GDPR)

The processing of data takes place within the framework of the initiation and conclusion of contracts as well as for the execution of such contracts and all other agreements concerning the business activities of a listed real estate company that essentially focuses on the housing industry and, as a portfolio owner and portfolio developer, manages the properties owned by the portfolio companies of the TAG Group. The purposes of data processing are primarily based on the specific arrangement and specific contractual content and may include the initiation and execution of purchases and sales, arrangements with tenants, users, neighbours, suppliers and other service providers who are either commissioned within the scope of property management and financing or who are addressed as investors - in particular shareholders - or capital market participants due to their stock exchange listing. Further details of data processing purposes may be available in the relevant contractual documents and/or arrangements made.

b) within the scope of the balancing of interests (Art. 6 (1) f) GDPR)

If necessary, we process your data beyond the actual contractual performance to protect the legitimate interests of us or third parties; in particular:

  • consultations and data exchange with credit agencies,
  • advertising or market and opinion research if you have not objected to the use of your data,
  • assertion of legal claims and defences in legal disputes,
  • safeguarding TAG’s IT security and IT operations, and
  • measures for business management and further development of the services and products offered by TAG and the other companies of the TAG Group.

c) on the basis of your consent (Art. 6 (1) a) GDPR)

If you have given us your consent to process personal data for certain purposes (e.g. disclosure to third parties, evaluation of data for marketing purposes, dispatch of offers and information and the like), such processing is lawful on the basis of your consent. Any consent given may be revoked at any time. This also applies to the revocation of declarations of consent given to us prior to entry into force of the GDPR, i.e. before 25 May 2018. The revocation of any consent given is only effective for the future and does not affect the lawfulness of the data processed until the time of revocation.

d) on the basis of legal requirements (Art. 6 (1) c) GDPR) or in the public interest (Art. 6 (1) e) GDPR)

Moreover, TAG is subject to various legal obligations. TAG Immobilien AG is a company with a stock exchange listing and must therefore comply with the requirements of the German Securities Trading Act (WpHG) and other capital market regulations, in particular instructions from the German Federal Financial Supervisory Authority (BaFin). The purposes of processing include the verification of identities and compliance with control and reporting obligations under tax law as well as the assessment and management of risks of TAG and its affiliated Group companies.

5. Who receives my data?

Within TAG and the TAG Group, those entities will have access to your data that may need them to fulfil our contractual and statutory obligations. Service providers and vicarious agents used by us may also receive data for such purposes, e.g. utilities, cable companies and banks, to the extent necessary. If such third parties receive and process personal data, this is done within the framework of what is referred to as order data processing, which is expressly provided by legislation. In such cases, TAG remains responsible for the protection of your data. Contractors commissioned by us as contemplated by Art. 28 GDPR include companies in the categories of IT services, printing services, telecommunications, debt collection, sales, marketing and address research.

With regard to the transfer of data to recipients outside the TAG Group, it should be borne in mind that we are obliged to maintain confidentiality regarding all customer-related facts and assessments of which we obtain knowledge (secrecy). We may disclose information about you only if permitted ore required by statutory regulations, if you have given your consent or if we are authorised to provide such information. In these circumstances, recipients of personal data may be, in particular:

  • public bodies and institutions (e.g. Federal Financial Supervisory Authority, tax authorities) in the event of a statutory or official obligation,
  • other institutions or comparable facilities to which we transfer personal data (e.g. credit agencies), if this is necessary to conduct the business relationship with you.

Other data recipients may be those entities for which you have given us your consent or which you have designated to us as recipients of your data.

6. Are data transferred to a third country or to an international organisation?

Your personal data will not be passed on to third parties; with the exception of the anonymised IP address and use of website service providers as described herein, your personal data will not be passed on outside the EU.

7. How long will my data be stored?

We process and store your personal data as long as this is necessary for compliance with our contractual and statutory obligations. It should be noted in this context that our business relations can constitute continuing obligations and may be designed to prevail on a long-term basis.

If the data are no longer required for compliance with contractual and statutory obligations, they will generally be erased unless their further - limited - processing is necessary for the following purposes:

  • Compliance with storage or retention obligations under commercial and tax law that may arise e.g. from the German Commercial Code (HGB), the German Fiscal Code (AO) or the German Securities Trading Act (WpHG). As a rule, the prescribed periods for storage and documentation amount to two to 10 years.
  • Preservation of evidence within the scope of the regulations under the statute of limitations. According to Sections 195 ff. of the German Civil Code (BGB), these limitation periods can be up to 30 years; generally, the limitation period amounts to three years, however.

8. What data protection rights do I have?

Every data subject has the right to information according to Article 15 GDPR, the right to rectification pursuant to Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to limitation of processing according to Article 18 GDPR and the right to object arising from Article 21 GDPR and the right to data portability under Article 20 GDPR. The restrictions of Sections 34 and 35 of the German Federal Data Protection Act (BDSG) apply to the right to information and to erasure. This means that the right to erasure is confined to the processing of personal data as TAG is obliged to safeguard its automated data processing systems (backups) and erasure of personal data in these systems would involve unreasonable disproportionate effort. Finally, there is a right to complain to a competent data protection supervisory authority (Article 77 GDPR, read in conjunction with Section 19 of BDSG).

You may contact us to revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent given to us prior to entry into force of the GDPR, i.e. before 25 May 2018. Please note that such revocation will only take effect in the future. Any data processing that took place before the revocation will not be affected by this.

The assertion of these data protection rights and, in particular, the assertion of the revocation, are to be sent by email to:

datenschutz(at)tag-ag.com

or in writing, by post, to the Data Protection Officer

TAG Immobilien AG
Datenschutzbeauftragter
Kreuzstraße 7 c, 04103 Leipzig

. The assertion of such rights is free of charge.

9. Is there an obligation for me to provide data?

Within the scope of our business relations, you must provide those personal data that are required for the establishment, execution and termination of a business relationship and for fulfilment of the associated contractual obligations or which we are legally obliged to collect. Without such information, as a rule we will not be able to conclude, execute and terminate a contract with you.

10. To what extent does automated decision-making and profiling take place?

In principle, we do not use fully automated decision-making in accordance with Article 22 GDPR.

In exceptional cases, we partly process your data automatically, with the aim of evaluating certain personal aspects (profiling). However, such profiling is considered only to inform and advise you specifically about products. We use evaluation instruments to this end. These facilitate needs-based communication and advertising, including market and opinion research.

11. What measures are taken to ensure data protection at TAG Immobilien AG and the TAG Group?

Within our area of responsibility, we have designed the internal organisation in such a way that the special requirements of data protection and the those of the GDPR and the BDSG are complied with. Technical and organisational measures have been taken to protect your data that meet these requirements. TAG is convinced that the measures taken throughout the Group for the risks associated with the processing of personal data offer an appropriate level of protection. In doing so, we observe the principle of data economy, i.e. only those data are collected, processed and retained that are necessary for the execution and processing of the contracts or which are to be provided or kept available on the basis of consent and/or legal requirements. Acceptance and forwarding of personal data (e.g. in the case of purchase and sale) only takes place on the basis of strict confidentiality agreements and to the extent that this is necessary for the processing and execution of the transactions.

If you contact us via our websites to find out about the company, its share in the context of investor relations or about letting offers, in addition to these data protection notices, the data protection information for accessing the websites shall be applicable; these are stored and can be viewed on the website itself (at tag-wohnen.de and https://www.tag-ag.com).

TAG reserves the right to supplement and continuously update these data protection notices owing to technical developments and the unknown practices of the supervisory authorities. The updated data protection notice is effective from the time it is posted on the website.

12. Information on your right to object pursuant to Article 21 GDPR

Right to object on a case-by-case basis

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you, which is based on Article 6 (1) e) GDPR (data processing in the public interest) and Article 6 (1) f) GDPR on the basis of a balance of interests; this also applies to profiling based on this provision within the meaning or Article 4 no. 4 GDPR.

If you object, we will no longer process your personal data unless we can prove that there are compelling, legitimate reasons for the processing that override your interests, rights and freedoms, or that the processing serves to assert, exercise or defend legal claims.

Right to object to processing of data for purposes of direct marketing. In individual cases, we process your personal data to carry out direct marketing. You have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling to the extent that it is associated with such direct marketing.

If you object to the processing for direct marketing purposes, then we will no longer process your personal data for such purposes.

Recipients of a complaint

The objection may be lodged form-free with the subject “Objection”, stating your name, your address and date of birth and should be addressed to:

TAG Immobilien AG
Kreuzstraße 7 c, 04103 Leipzig
E-Mail: widerspruch(at)tag-ag.com.

Hamburg, den 24. Mai 2018

TAG Immobilien AG