Data Protection Policy
GENERAL DATA PROTECTION INFORMATION
Below we provide information about the processing of personal data in conjunction with use of our online services.
GLÜCK AUF Immobilien GmbH
Am Stadtbad 37
D-45219 Essen
Tel: + 49 (0) 20 54 / 969 51 70
Fax: +49 (0) 20 54 / 969 51 50
Mail: info@glueck-auf.de
The Data Protection Officer
c/o GLÜCK AUF Immobilien GmbH
Am Stadtbad D-3745219 Essen
Purposes and legal basis of processing
We process the personal data of various data subjects (e.g. website users, interested parties and customers) as part of our business activities. We are informing you about the purposes and legal bases as well as additional details of the respective processing, categorized according to the different processing situations, in the lower part of this Data Protection Policy.
Depending on the respective processing situation, your personal data shall not only be processed by the controller, but also by third parties. Potential recipients include, in particular, processors (e.g. web hosting, software providers and other technical service providers) and third-party providers of online services and content. Please see the information about the respective processing for details. Recipients within the meaning of the GDPR are also the companies that are part of the GLÜCK AUF Group.
We only process your personal data within the EU. You shall be informed separately about possible third-country transfers, depending on the situation.
Personal data is stored for as long as is required for the purpose. We are legally obliged to store it or other legal reasons justify further processing.
In accordance with Article 15, GDPR (General Data Protection Regulation), you have the right to obtain information about the personal data stored about you, including any recipients and the planned retention period. Insofar as the processed data is not (or is no longer) correct, you have the right to rectification (Article 16, GDPR). If the respective legal requirements are met, you can request the erasure (Article 17) or restriction (Article 18) of the processing and object to the processing (Article 21, GDPR). If you believe that the processing of your personal data violates data protection law, you have the right to lodge a complaint with a data protection supervisory authority of your choice (Article 77, GDPR).
RIGHT TO OBJECT
You have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, which is based on Article 6(1), Point f, GDPR. We shall then no longer process your personal data unless there are compelling legitimate grounds that outweigh your interests or the processing serves the establishment, exercise or defense of legal claims. You can object to the processing of your data for the purposes of direct advertising or any associated profiling without stating reasons for your actions.
PROCESSING SITUATIONS
Our website aims to provide information about our company and our services, conclude or initiate contractual relationships and communicate and interact with our customers and interested parties.
We also process personal data for these purposes. The scope and legal basis of data processing depend on the services requested by the user, the respective browser configuration and the scope of any granted consent.
To improve communication and interaction with our customers and optimize the user experience, we use various software solutions and web technologies, including tools provided by third-party providers for web analysis and marketing as well as services for integrating third-party content, such as fonts, maps or videos.
Analysis tools are used to record, measure and analyze data points such as visitor numbers, visitor sources, pages visited, dwell time on the website or scroll depth. Marketing tools enable the targeted control and evaluation of marketing measures (ad campaigns, affiliate advertising and multichannel analysis).
Use of such tools often requires the consent of the respective user for reasons of ePrivacy and data protection. We use a so-called consent management tool to obtain and manage the necessary consent in accordance with Section 25(1), TTDSG (German Telecommunications Digital Services Data Protection Act) and, if applicable, Article 6(1), Sentence 1, Point a., GDPR (see the following section).
Detailed information about the subject matter and scope of the corresponding consent and the data processing based on them shall be made available to you directly via the CMT.
Insofar as consent is not required, personal data is processed based on Article 6(1), Sentence 1, Point f), GDPR, for the purposes described, which also constitute the interests pursued by us or our partners. The collection of data for the provision of the website and the retention of log files are absolutely necessary to operate the website.
We use a consent management tool (CMT) for the purpose of consent management. When you visit our website, a CMT Cookie is set, which is used to store the consents granted for the individual services and control the corresponding activation or deactivation of the respective functionalities.
The CMT is used to obtain the necessary consent and document it in accordance with our obligation to furnish proof. The legal basis in this respect is Article 6(1), Point c, GDPR.
The CMT is provided by a service provider, which processes the data for us. The collected data is stored until you delete the Cookie. Details about data processing by the CMT can be found in the tool’s user interface.
Customer management, direct advertising
We use a so-called Customer Relationship Management System (CRMS) for the purpose of centralized management of business-related contact and marketing information within the GLÜCK AUF Group. The data managed in the CRMS entails both existing customer contacts and registered website users, including whitepaper subscribers, webinar participants, newsletter subscribers and other marketing contacts.
The CRMS enables us to combine marketing information from various sources and evaluate it for the purpose of optimizing our marketing strategy and targeting direct advertising. This may also entail the creation and analysis of customer or user profiles to establish which offers and services are particularly popular and design individualized marketing campaigns in line with the respective interests.
In addition to the operational existing customer data, the data generated via our online offers (e.g. landing pages and contact forms) is also processed via the CRMS. Data from email and social media marketing (e.g. opening rates and referral paths etc.) may also be processed.
We are interested in the efficient and targeted organization of the sales efforts and marketing activities of the various business divisions within the GLÜCK AUF Group, and coordinating them across divisions. To that end, we process the relevant CRM data (including with the help of service providers) in accordance with Article 6(1), Point f, GDPR, based on the balancing of interests.
Consent management is an additional component of our CRMS. In accordance with Section 7(2), Nos. 1 and 2, UWG, certain direct advertising measures, such as email advertising or telephone advertising to consumers in particular, are only permitted based on prior express consent.
If and insofar as you grant us your consent in the context of our internet offers, we document and retain (also with the help of service providers) the information required to honor our obligations to furnish proof (Article 7(1), GDPR, and, if applicable, Section 7a, UWG) based on Article 6(1), Point c, GDPR.
In the event of withdrawal of consent, we shall retain the evidence for documentation purposes based on Article 6(1), Point f, GDPR, until expiry of the statutory limitation periods. This is aimed at safeguarding our interest in a legal defense that may be required. The same applies to documenting advertising objections, which we also retain in a blocking list for sending emails to ensure that no advertising is sent to recipients who expressly do not wish to receive it.
Personalized direct advertising
If consent has been granted, data is processed for the purposes covered by the consent based on Article 6(1), Point a, GDPR. Irrespective of any requirement for consent, we process personal data from our CRMS and, where applicable, from other sources (including service providers) for the purpose of target group-oriented and, where applicable, personalized delivery and design of direct advertising. The legal basis for processing to pursue our advertising interests is Article 6(1),Point f, GDPR.
Please note that consent is not required for advertising to existing customers in accordance with the conditions of Section 7(3), UWG (German Unfair Competition Act). Data can thus be processed based on legitimate interests in conjunction with email marketing including if you have not granted your advertising consent or have withdrawn any consent granted to us.
If you contact us via our contact forms or by email, we regularly process your personal data (including with the help of service providers) to answer your inquiry or process your request based on Article 6(1), Point f, GDPR, and safeguard fundamental interests of business activities, in particular corporate communications.
Contract-related communication that is required to honor a contractual relationship concluded with you or as part of pre-contractual measures based on your inquiry is also implemented based on Article 6(1), Point b, GDPR.
Prize competitions/competitions
We organize prize puzzles or other competitions from time to time. For the purpose of organizing such competitions, we process the personal data of the participants based on Article 6(1), Point b, GDPR, and, if applicable, based on Article 6(1), Point f, GDPR, including for marketing purposes (marketing interest – e.g. publication of the winners by name).
Where not provided for to the contrary in individual cases, the following conditions apply to participation in our competitions. The overall organizer of the competition is GLÜCK AUF Immobilien GmbH. Persons aged 18 and over who are resident in Germany are eligible to participate. Employees and family members living in the same household as employees of the GLÜCK AUF Group and any other companies involved in organizing the competition are not eligible to participate. Multiple entries and entries via third-parties (so-called “straw men”) or commercial competition (entry) services are not permitted. The entry period, entry procedure and prizes awarded are set out in the respective announcement. The winners shall be determined by drawing lots (computer-supported if necessary). Payment of the prize value in cash is not possible. The prize claim is not transferable. We reserve the right to amend the conditions of participation at any time (including during the participation period) and/or cancel or prematurely terminate a competition for objective reasons (e.g. attempted manipulation). Legal recourse is excluded.
As part of applicant management, we process applicant data for the purpose of initiating a possible employment relationship based on Article 6(1), Sentence 1, Point b, GDPR, in conjunction with Section 26(1), BDSG. If an employment relationship is not established, we shall delete all application data at the latest six months following completion of the application process. With your consent, which is also the legal basis (Article 6(1), Sentence 1, Point a, GDPR) for further data processing, we may retain your application documents in our applicant pool for future job advertisements for one additional year.
We process contact and communication data and other business-relevant information of our cooperation partners, suppliers and service providers or the contact persons working on their behalf. Data are processed based on Article 6(1), Point f, GDPR, in the interest of initiating, implementing and maintaining our business relationships and on the basis of Article 6(1), Point b, if the data subject is a contracting party as an individual entrepreneur.
GENERAL TERMS AND CONDITIONS OF BUSINESS
Section 1 GENERAL
The following General Terms and Conditions apply to all services of Glück auf Appartements GmbH, Am Stadtbad 37, D-45219 Essen (hereinafter referred to as the User), which it makes available to customers in conjunction with the renting out of apartments.
Section 2 PERFORMANCE DESCRIPTION
The services provided by the User comprise granting the use of apartments in the houses specified in the booking process. The provision is for temporary use within the meaning of Section 549 II, No. 1, BGB (German Civil Code) usually in conjunction with a temporary stay of the customer in the respective region.
Services also include the heating and cleaning of the rooms.
Section 3 CONCLUDING A CONTRACT
(1) The contract shall be concluded in writing, by telephone or via online booking procedures.
(2) As part of the online booking process, the customer selects the desired apartment in the desired service period at the prices offered by the User and submits a binding offer to conclude the contract by clicking on the corresponding button. The customer can change and view the data at any time before submitting the offer. However, the offer can only be submitted and forwarded if the customer accepts these terms and conditions by clicking on the “Accept terms and conditions” button and these thus become part of the offer.
(3) By submitting an offer, the customer warrants that the data provided is complete and truthful. The customer undertakes to notify us without delay of any changes to his personal data.
(4) A contract between the customer and the User is only concluded when the user states acceptance.
(5) In the event that a written contract is concluded between the Customer and the User outside of the online booking procedure, the content of which varies in full or in part from these General Terms and Conditions of Business, the content of the written contract shall take precedence in this respect.
(6) The User is authorized to ask the Customer to present a valid passport/identity card.
Section 4 TERM OF CONTRACT, TERMINATION, CANCELLATION
(1) The start and end of the contract term are determined by the contract concluded between the parties.
(2) The rented apartment shall be available to the customer from 15 h on the first day of the contract period.
(3) If the first payment specified in Section 5 (2) is not received at least 7 days before the start of the contract term and, in the case of a booking made less than 7 days before the start of the contract term, not at the latest one workday after the booking, the User reserves the right to terminate the contract concluded between the parties without notice.
(4) The other right to cancellation without notice for good cause is based on the statutory provisions. A reason for extraordinary termination on the part of the User shall also be deemed given, in particular, if the customer is in arrears with the payment of the rent or a significant part of the rent on two consecutive dates or is in arrears with payment of the rent during a period of more than two dates in an amount equal to the rent for two months. A reason for extraordinary cancellation without notice on the part of the User shall also apply, in particular, if the customer fails to comply with the rules of conduct listed below, in particular the smoking ban.
(5) Any termination is subject to the written form.
(6) Cancellation free of charge is possible in writing up to the following dates.
⦁ In the case of bookings with a maximum duration of 14 nights: Up to 2 days before arrival
⦁ In the case of bookings with a maximum duration of 30 nights: Up to 7 days before arrival
⦁ In the case of bookings with a duration of 31 nights or more: Up to 14 days before arrival
Special cancellation deadlines may apply for trade fairs and special events; these shall be agreed separately.
The following applies in the case of bookings of 30 nights or more:
⦁ If notice of departure is given up to 14 days before the end of the contract period, the remaining amount shall be canceled free of charge.
⦁ In the event of cancellation up to 7 days before the end of the contract term, 30% of the agreed monthly price is to be paid.
⦁ In the event of cancellation up to 3 days before the end of the contract term, 50% of the agreed monthly price is to be paid.
⦁ In the event of cancellation up to 2 days before the end of the contract term, cancellation free of charge shall no longer be possible.
Section 5 TARIFFS AND TERMS AND CONDITIONS OF PAYMENT
(1) All prices are gross prices and refer only to the services stated at the time of booking. Services extending beyond this are to be paid for separately. The User’s separately stated tariffs/prices apply.
(2) One-off payments are due immediately upon conclusion of the contract. If payments are to be made monthly, these are due three working days before the beginning of a respective month. Insofar as the term of contract does not begin at the beginning of a calendar month in individual cases, the first day of the month shall be the day that corresponds numerically to the day on which the contract term begins.
(3) The User may, at its discretion, offset payments by the customer against outstanding claims, unless the customer has specified a different purpose for the payment.
Section 6 RULES OF BEHAVIOR
(1) Smoking is strictly prohibited in the apartments. In the event of non-compliance, the User may charge the customer for the cost of any special final cleaning required due to the smell of nicotine, among other things.
(2) Disturbing noise is to be avoided in the building and apartment. Notwithstanding official regulations, disturbing housework and disturbing activities are to be refrained from between 12.00 noon and 2:00 pm and between 8:00 pm and 8:00 am on weekdays. Such work and activities are, at all times, prohibited on Sundays and public holidays.
(3) Parties are not permitted in the apartments.
(4) Radio and television sets and other sound reproduction devices may only be operated at room volume. Music may only be played at room volume and only between 8:00 am and 8:00 pm.
(5) The parking of items, in particular motorbikes, bicycles and prams in corridors, stairwells and the courtyard is only permitted, notwithstanding official regulations, insofar as this does not obstruct other tenants.
(6) Household waste may only be disposed of in the garbage bins made available for this purpose. The official regulations are to be complied with when disposing of special waste, in particular bulky waste.
(7) As a matter of principle, if a separate washing or drying room is available, neither washing nor drying may be undertaken in the apartment.
(8) The customer is advised to take out liability insurance in light of the dangers that may arise from water ingress in washing machines and dishwashers.
(9) If a laundry room or drying room is used by several people, the applicable usage regulations are to be complied with and the reserved times adhered to.
(10) Building and fire regulations are to be observed and complied with.
(11) Flammable or highly flammable materials may not be stored or kept in the attic or cellar. In addition, no furniture, mattresses, textiles or similar items may be stored in the attic.
(12) Doors and windows must be carefully closed at night and in stormy and rainy weather. This also applies to windows in cellar and storage compartments as well as for the respective User of communal rooms.
(13) The apartments are to be adequately heated and ventilated. The floors and all equipment in the apartment are to be treated with due care.
Section 7 ELECTRONIC DEVICES AND TECHNICAL CONNECTIONS
(1) The customer is permitted to use the electronic devices available in the apartment.
(2) The customer is prohibited from connecting their own electronic devices that are not intended for daily use in the rented apartment without the consent of the user. If faults occur in the technical equipment of the apartments in the event of non-compliance, the customer shall be liable for any damage incurred by the User as a result.
(3) The customer is not authorized to upload or download copyright-protected files via the internet made available to the customer. Should this nevertheless occur, the customer shall be liable for all damages incurred by the customer.
Section 8 KEEPING ANIMALS
(1) Bringing pets into the apartments it not permitted. However, exceptions include guide dogs, dogs for the deaf and other comparable service dogs. These may be brought along free of charge and at any time upon presentation of proof.
(2) The customer shall be liable, regardless of culpability, for all damage caused to the User by the animal and shall also indemnify the User against claims by third parties in relation to the animal.
Section 9 ACCESS TO THE APARTMENT
The User, or a person authorized by the User or the User accompanied by authorized persons, is entitled to enter the apartments to determine damage and defects or necessary construction work as well as read measuring devices following prior, timely notification.
In the event of imminent danger, the User, or a person authorized by the User, may also enter the rooms without prior notice to avert the danger if the Customer is absent.
Section 10 MAINTENANCE AND REPAIR OF THE RENTED PREMISES, OTHER LIABILITY
(1) The strict liability in tort on the part of the User for material defects that exist at the time of concluding the contract (warranty liability) is excluded. Section 536 a(1), BGB, shall not, insofar, apply. The exclusion of liability does not apply to damage resulting from grievous bodily harm, physical injury or detrimental effects on health that are based on an intentional or negligent breach of duty by the User or an intentional or negligent breach of duty by a legal representative or vicarious agent of the User. In addition, the exclusion of liability does not apply to other damage that is based on intent or a grossly negligent breach of duty by the User or a legal representative or vicarious agent of the User.
(2) The customer is to notify the user without delay of any damage to the apartment. If the customer performs repair work without having previously requested remedy from the User within a reasonable period of time, the customer shall not be reimbursed for such expenses. This does not apply if immediate action by the customer is required and the User cannot be contacted. The customer shall be liable for any further damage caused by failure to notify the User in good time.
(3) The customer shall be liable for damage culpably caused by him, his family members, visitors, household members, subtenants or by tradesmen and suppliers he commissions. Proving that no culpable behavior applied shall be incumbent upon the customer.
(4) Insofar as the User’s scope of services also includes the provision of a car parking space, the User shall only be responsible for the parking space as such, but not for monitoring the vehicle. Accordingly, there is no custodial relationship between the parties.
Section 11 CONSTRUCTION MEASURES
(1) The customer is to tolerate repair measures and structural changes that are necessary to maintain the house, apartments, avert imminent dangers or eliminate damage in accordance with Section 555 a, BGB.
(2) Modernization measures to save final energy, primary energy, protect the climate, sustainably reduce water consumption, sustainably increase the utility value of the rented property, improve general living conditions in the long-term or to create new living space are to be tolerated by the customer in accordance with Sections 555b, et seq., BGB.
Section 12 SUBLETTING
The customer is only permitted to sublet the apartment with the written consent of the User.
Section 13 END OF THE CONTRACTUAL RELATIONSHIP
(1) The customer is to return the apartment at the end of the contract period by 11 a.m. at the latest, swept clean and with all rented equipment, appliances and keys, including those procured by the customer. Insofar as the customer has not left the apartment by 11:00 am at the latest, the User shall be entitled to pack up the customer’s personal belongings and deposit them, excluding liability for damage to these items (with the exception of damage caused by an intentional or grossly negligent breach of duty by the user or a vicarious agent of the user), if the customer cannot be reached by telephone or his booking portal.
(2) All items brought into the apartment by the customer must be taken away by the customer on the day of departure. Unused food and rubbish produced by the customer must be removed by the customer and disposed of properly.
(3) The customer is to compensate the User in full and without “Deduction new for old” for damage to the furnishings caused by the customer or lost furnishings.
(4) If the customer does not honor his obligation to vacate the apartment in a swept clean condition, the customer shall bear the cost of the additional cleaning work required as a result. Insofar as the customer is required to pay a contractually agreed flat rate for the final cleaning, such a flat rate shall not be offset against the additional obligation to bear the costs. This does not affect potential claims for damages by the user due to loss of expected profits.
(5) Contrary to Section 545, BGB, the tenancy shall not be extended for an indefinite period if the tenant continues to use the rented property following expiry of the rental period.
(6) In the event of loss of keys handed out to or procured by the customer, the User shall be entitled to procure new keys at the customer’s expense or to fit new locks or locking systems and have them fitted with the required number of keys.
Section 14 FINAL PROVISIONS
(1) The User is entitled to amend these General Terms and Conditions of Business unilaterally insofar as this is necessary to eliminate any subsequent equivalence disturbances or to adapt matters in line with changed legal or technical framework conditions. The customer shall be informed by email of the amendment to the General Terms and Conditions of Business. The customer has the option of objecting to the new General Terms and Conditions of Business in text form within 4 weeks. If no express objection is made within the four-week period, the customer shall be deemed to have consented to the validity of the new General Terms and Conditions of Business.
(2) Terms and conditions of business of the customer that contradict or extend beyond these General Terms and Conditions of Business shall not apply without the express written confirmation of the User.
(3) The law of the Federal Republic of Germany applies by way of exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, insofar as the customer is not a consumer.
(4) The City of Essen is deemed the place of jurisdiction, irrespective of the location of the apartments, insofar as the customer is not a consumer.
