This privacy information applies to the data processing of CapRate GmbH (also “we“, “us”, “our“) towards visitors to our website and all persons with whom we are in contact, e.g. as a customer, prospective customer or job applicant (also “you“, “you”, “your(er)”) and is valid as of July 2023.

§ 1 Name and contact details of the responsible person

Controller of personal data pursuant to Art. 4 No. 7 of the EU General Data Protection Regulation (GDPR) is

CapRate GmbH
Zum Bahnhof 44, D-15806 Zossen

Tel: + 49 172 9890373
E-Mail: info@tectonics-real-estate.com

§ 2 Processing your data

In the following, we inform you about the processing of your personal data by us.

If you visit our website or contact us in any other way and provide us with personal data (e.g. if you write to us, contact us by telephone, give us a business card, apply for a job with us) or if you provide us with your personal data in any other way, this data will be processed by us.

Personal data is any data relating to an identified or identifiable natural person (“data subject”), e.g. name, address, email address or user behaviour.

Data processing when visiting our website

When you use our website for information purposes only, we only collect the personal data that your browser transmits to our server. When you view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure the stability and security of our website:

• IP address
• Date and time of the request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (exact page)
• Access Status/HTTP Status Code
• Data volume transferred in each case
• Website from which the request is carried out
• Browser type
• Operating system and its interface
• Language and version of the browser software.

We also use cookies when you visit our website. You will find more detailed explanations on cookies below in this privacy information.

Data processing in connection with contacting us

When you contact us, we process the following categories of personal data – to the extent provided by you:

• Salutation, title, first name, last name
• E-mail address,
• Telephone number (landline and/or mobile)
• Address
• Any other information provided by you, e.g. your profession or education.

To the extent necessary in the context of your contact request, we may also process other personal data that we collect from publicly accessible sources (e.g. commercial register or register of associations).

Data processing in connection with job applications:

When you apply for a job with us, we process the following categories of personal data – to the extent provided by you:

• Salutation, title, first name, last name
• E-mail address,
• Telephone number (landline and/or mobile)
• Qualification-relevant documents, in particular certificates, information about your professional training and further education and information contained in the CV
• Photos attached to the application documents
• Salary expectation
• Other information you have enclosed with your application documents.

Further personal data may be processed as part of the application process. This may include, for example, the transcription of information you provide us in job interviews or assessments carried out by us. We may also process additional personal data that we have retrieved from other publicly accessible sources (e.g. professional networks), insofar as this data is required to process your application.

Data processing in connection with your consent

If you have separately given us consent, e.g. to contact you for marketing measures, the consent is logged in order to be able to prove your consent in accordance with the legal requirements.

This includes the time of the consent together with our possibly preceding enquiry, the IP address used, if applicable, as well as the personal data provided by you in the context of your consent, such as title, first name, last name, company, address, e-mail address, telephone number (landline and/or mobile).

Right to withdraw your consent

You can withdraw your consent at any time with effect for the future in accordance with Art. 7 para. 3 GDPR, for example, by sending an email with the subject “Withdrawal of consent” to the email address given under our contact details.

§ 3 Purposes and legal bases of the processing

When visiting our website:

The personal data collected in connection with the use of our website is processed by us to ensure and improve our offer, including the guarantee of a smooth connection, the comfortable use of our website and the system’s security and stability. The legal basis for the processing is Art. 6 para 1 sentence 1 lit. f GDPR and our legitimate interest follow from the aforementioned purposes.

In connection with the contact with you: 

Insofar as we collect personal data in connection with contact with you, this data will be processed by us for the following purposes:

• to manage you as our contact
• to submit offers to you
• to send you product information
• to be able to answer your questions
• to exchange ideas with you
• to contact you as part of our marketing activities (e.g. for specialist information, event notices, news from our product range)

In connection with the execution and performance of a contract with you

If you have contacted us for the purpose of concluding a contract for our products and/or services (interested party/customer), we will also process your personal data for the purposes of establishing the contract, executing the contract, fulfilling the contract and carrying out pre-contractual measures, including:

• to supply or provide our products or services to you
• invoicing
• the settlement of any existing legal claims and the assertion or defence of and/or against legal claims.

When processing personal data that is required for the performance of a contract with you, including software-supported documentation, e.g. of our correspondence, Art. 6 para. 1 sentence 1 lit. b GDPR serves as the legal basis.

This legal basis also includes processing operations that are necessary for the implementation of pre-contractual measures, e.g. the collection of the data necessary for us to be able to meet your expressed interest in our products, as well as the examination of a possible conclusion of a contract with you. This also includes, for example, proof provided by yourself or your financing bank to secure financing and/or information about your profession and your family status.

Processing your data for the purpose of legitimate interests

In addition, data processing is carried out on the basis of Art. 6 para 1 sentence 1 lit. f GDPR insofar as processing is necessary for the purpose of a legitimate interest of our company and/or a third party and your interest or fundamental rights and freedoms which require protection of your personal data do not override these legitimate interests.

The legitimate interest of our company lies in particular in the proper performance of our business activities, which may also include the transfer of data within our company group, insofar as this is necessary to protect our legitimate interests. In addition, we would like to inform and advise you about our products as specifically as possible. Furthermore, our legitimate interest follows from the purposes listed above.

In connection with job applications:

The processing of personal data in connection with your job application is carried out for the purpose of carrying out the application procedure. The legal basis for data processing in the context of the application procedure is Section 26 para. 1 of the German Data Protection Act (“Bundesdatenschutzgesetz”, BDSG).

In connection with your consent

If you have given us consent to process your data, e.g. to contact you for marketing measures, we will process the personal data you have provided us with in this context to fulfil the purpose defined in the consent (e.g. sending newsletters). This processing is carried out on the basis of Art. 6 para. 1 sentence 1 lit. a and Art. 7 GDPR.

In connection with business collaborations

Insofar as we intend to enter into collaborations with third parties (e.g. a merger with another company), there is the possibility that we may process your personal data specified in § 2 for this purpose. This may include the transfer of your personal data to our potential cooperation partners for the purpose of examining the economic viability and feasibility of a collaboration. We will only process your data for this purpose to the extent that is necessary for purposes of our legitimate interests in the realisation of the business cooperation and legally permissible. The legal basis for this processing is Art. 6 para. 1 sentence 1 lit. f GDPR, whereby our legitimate interest follows from the aforementioned purposes.

Data processing due to legal obligations

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject (e.g. statutory storage obligations), the legal basis of the processing is Art. 6 para. 1, sentence 1 lit c GDPR.

§ 4 Use of cookies and local storage

When you use our website, cookies are stored on your computer. Cookies are small text files that are stored on your hard drive in relation to the browser you are using and which provide the party setting the cookie (us) with certain information. Cookies cannot execute programs or transmit viruses to your computer. Cookies serve to make the use of the website more user-friendly and effective.

We use cookies that are necessary for the operation and functionality of the website. These cookies are used to make the website accessible and provide essential and basic functionality. They are used to store data about your visit for recognition of you as a visitor and to improve and guarantee the operations of our website.

We use the following transient cookie (“session cookie”):

• csrf_https-contao_crsf_token; This cookie protects the website against cross-site request forgery attacks.

Transient cookies are automatically deleted when you log out or close the browser. The cookie stores a so-called “session ID”, which can be used to assign various requests from your browser to the joint session. This allows your computer to be recognised when you return to our website.

To enable you to adapt our website to your personal needs and improve the user experience, we also use technically necessary so-called “local storage technology” in addition to cookies. In this context, data is stored locally in the cache of your browser, which continues to exist even after you close the browser. You can delete this data at any time in the security settings of your browser (“Clear cache”). We use the following local storage techniques:

Name	Description/Purpose
“user_privacy_settings	Saves the user’s cookie privacy and media settings
“user_privacy_settings_expire”	Stores the retention period of the cookie setting in days
“ce_popup_isClosed”	Saves that the cookie pop-up has been closed by the user.
“onepage_animate”	Saves that the script for scrolling the website has started the animation.
“onepage_last”	Saves to which point on the website was last scrolled (css-ID/anchor)
“onepage_position”	Saves the current scroll position on the website
“onepage_active”	Indicates that the current website is a “one-page” website structure.
“nepage_scrollOffset”	Saves which point on the website was last scrolled to in order to return here when returning from another website.
“view_isGrid”	Saves whether the view of the website is divided into columns/grids (“Grid view”).
“portfolio_MODULE_ID”	Saves the user-defined filter value
“Eclipse. outdated-browser:’confirmed'”	Creates an info banner in case of an outdated browser
“accessibility_fontsize”	Saves the user-defined font size settings
“accessibility_default_fonts”	Saves the user-defined settings to the default font
“accesibility_contrast”	Saves the user-defined settings for the contrast of the display
“accesibility_boldface”	Saves the user-defined settings for bold text
“accessibility_focus”	Saves the user-defined settings for focus adjustment (highlighting of certain e.g. changeable elements).
“accessibility_black-white”	Saves the user-defined black and white view settings.
“accessibility_reverse_colors”	Saves the user-defined settings for inverted colour display

Third parties cannot access the data stored in the local storage and this data is not passed on to third parties.

You may prohibit the use of cookies by selecting the appropriate settings on your browser. Please note that if you do this you may not be able to use the full functionality of our website. In this case you may not be able to use all the functions of this website to their full extent.

In accordance with Section 25 para. 2 German Telecommunications Telemedia Data Protection Act. (TTDSG), we use cookies that are technically absolutely necessary without your consent. Insofar as personal data is processed by the cookies or local storage technology, the processing is carried out in order to ensure that our website and the functions provided are available to you. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR, our legitimate interest follows from the aforementioned purpose.

§ 5 Integration of YouTube videos

Our Website may contain embedded YouTube videos. YouTube is an online video service that allows us to post video clips free of charge to showcase our services. The video-service is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).

The videos are stored on http://www.YouTube.com and can be played directly from our website, provided you have consented to the integration of YouTube videos. If no prior consent is given, the videos can only be used by you if you give your consent when playing the embedded video.

The integration of YouTube videos by us is based on Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest is to provide you with the content and functionalities.

The videos are all integrated in “extended data protection mode”. Despite the “extended data protection mode”, it cannot be ruled out that YouTube and/or Google, may take note of personal data i.a. your IP address before you press the “Play” button or give your consent to the integration of the videos. If you wish to prevent data collected this way from being assigned to your YouTube account, you must log out of your YouTube member account before visiting a website with embedded YouTube videos.

The processing of personal data in connection with the embedded YouTube videos is carried out in accordance with Google’s privacy policy, available at: https://policies.google.com/privacy?hl=de, where you will also find further information on the purpose and scope of data processing as well as your rights and setting options for protecting your privacy.

Google may also share personal data with other third parties within their company group, which may result in the transfer of personal data to the United States or other Non-EU-countries. Google legally bases the transfer of personal data to the United States on the standard contractual clauses approved by the EU-commission pursuant to Art. 46 para 2 lit. c GDPR. Please note that the standard contractual clauses do not guarantee compliance to European level of data protection in the US. In case personal data is transferred to the US, there is a risk that US authorities may gain access to your personal data and EU citizens have no effective legal protection against such access in the US or the European Union.

§ 6 Disclosure of personal data to third parties

In accordance with the principles of data avoidance and data minimisation, only those persons within our company receive your personal data that need access to the data to fulfil our contractual and legal obligations and other purposes in accordance with clause § 3.

Furthermore, we will only transfer your data to third parties outside our company if:

• you have given us your express consent to do so in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
• the transmission is legally permissible and necessary for the processing of contractual relationships with you according to Art. 6 para. 1 sentence 1 lit. b GDPR,
• there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR. This is the case, for example, if state institutions (e.g. authorities and agencies) request information in writing, or a court order for disclosure exists, or
• the disclosure is necessary in accordance with Art. 6 para 1 sentence 1 lit. f GDPR for the assertion, exercise or defence of legal claims or for other reasons in purpose of our legitimate interests (e.g. to realise a business cooperation) and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data.

To the extent necessary and permissible within the scope of the aforementioned purposes, it is possible that we transmit your data i.a. to the tax authorities, tax advisors, auditors or other consultants, logistics service providers, fee offices or payment service providers, as well as our subsidiaries (CapRate Beteiligungen GmbH, CapRate Services GmbH, CapRate nordics ApS, CapRate Technics GmbH, CapRate Finance GmbH) and potential business collaboration partners.

In addition, in certain cases we use the support of external service providers, so-called data processors, to whom we pass on your data and which process your data on our behalf. The data processors may only use your data for the purposes specified by us and exclusively in accordance with our instructions. We have concluded a data processing contract with all processors in advance in accordance with Article 28 GDPR. Therefore, we can ensure that the data processors also provide sufficient guarantees that appropriate technical and organisational measures are implemented in such a way that the processing of your data is carried out in accordance with the requirements of the GDPR and the protection of your rights is guaranteed.  

§ 7 Transfer of personal data to third countries

There is no transfer of personal data to third countries outside the EU/EEA (European Economic Area).

§ 8 Storage period of the data/deletion periods

We process and store your personal data as long as it is necessary for the fulfilment of our contractual obligations as well as for all other purposes mentioned in § 3 or as long as it is required by the retention periods defined by law.

The personal data collected when visiting our website will be deleted after 30 days, unless the purposes of the processing require processing beyond this date (e.g. to eliminate identified security risks). In this case, the data will be deleted as soon as the purpose has been achieved.

When we process your data for the purpose of enforcing and defending civil law claims arising from the contractual and statutory obligations existing with you (in particular contracts for our products and services), we store your data until the end of the year following the commencement of the limitation period for all mutual claims.

We delete your data processed as part of the job application procedure – insofar as the application has not led to an employment relationship with us – six months after the end of the application procedure.

In the event that you have given us your consent to data processing, we will store your data until you withdraw your consent. Regardless of your withdrawal, we will delete your data in any case five years after our last contact.

The above deletion periods do not apply if statutory provisions (e.g. retention periods) stipulate a longer storage period. We are subject to various statutory retention and documentation obligations, which result i.a. from the German Fiscal Code (“Abgabenordnung”; AO) and the German Commercial Code (“Handelsgesetzbuch”; HGB). The retention/documentation periods prescribed are two to ten years, depending on the type of documents.

§ 9 Your rights

If the legal requirements are met, you have the following rights with regard to your personal data processed by us:

• The right of access to your personal data processed by us (Art. 15 GDPR), including the right to request a copy of your personal data (Art. 15 para 3 GDPR).
• The right to request the rectification of inaccurate personal data and/or the completion of incomplete personal data without undue delay (Art. 16 GDPR).
• The right to immediate erasure of your personal data (Art. 17 GDPR).
• The right to obtain restriction of processing of your personal data (Art. 18 GDPR).
• The right to request that we provide you with the personal data you have provided to us in a structured, commonly used and machine-readable format and/or to transmit the data directly to another controller, where this is technically feasible (“data portability”, Art. 20 GDPR).
• The right to object at any time, on grounds relating to your particular situation to processing of your personal data which is based on Art. 6 para. 1 sentence 1 lit e or lit. f GDPR (Art. 21 GDPR). We will not further process the personal data after your objection, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or in case the processing serves the assertion, exercise or defence of/against legal claims.
• The right to withdraw your consent at any time in accordance with Art. 7 para 3 GDPR. This has the effect that we will no longer process the personal data collected and processed on basis of the withdrawn consent in the future. A withdrawal does not affect the lawfulness of the processing carried out up to that date.
• The right to lodge a complaint with a supervisory authority (Art. 77 GDPR).

To exercise your rights, please contact us, e.g. by e-mail to the address given above.

§ 10 Obligation to provide personal data

In principle, you are not obliged to provide us with your personal data. However, without your personal data, we will generally not be able to answer your enquiries without restriction and it is possible that the conclusion of a contract or the execution of an order cannot be carried out if you do not provide us with the data required for this purpose.

§ 11 Actuality of this privacy information

This privacy information is currently valid and has the status of July 2023.

Under certain circumstances, it may become necessary to amend this privacy information due to changes to our website and offers or due to changes in legal requirements.