Privacy and Copyright disclaimer

The Association of German Pfandbrief Banks (vdp) accords high priority to handling personal data responsibly. We would like you to know what data we collect, when we collect it and how we use it.

We have taken technical and organisational steps in line with Art. 32 of the General Data Protection Regulation (GDPR) to ensure that both we and our external service providers observe data privacy requirements. Changes to this Data Privacy Notice may become necessary as we develop our websites and implement new technologies. For this reason, we recommend that you occasionally re-read this Data Privacy Notice.

I. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States and other legal data protection provisions is:

Verband deutscher Pfandbriefbanken e.V. (Association of German Pfandbrief Banks)
Georgenstr. 21
10117 Berlin
Germany
Tel.: +49 30 209 15 100
E-mail: info@pfandbrief.de
Website: www.pfandbrief.de

II. Name and address of the Data Protection Officer

The controller’s Data Protection Officer is:

Beate Balz
Xenia Systems GmbH
Lankwitzer Str. 8a
12107 Berlin
Germany
Tel.: 030 78705666
E-mail: beatebalz@xenia-systems.de

III. General provisions about data processing

1. Scope of the processing of personal data
We process our users’ personal data strictly only insofar as this is necessary to make a functioning website available and for our content and services. Personal data from our users is generally only processed with the user’s consent. An exception will apply in cases where it has not been possible to obtain prior consent for practical reasons and the data processing is permitted by legal provisions.

2. Legal basis for processing personal data
Where we obtain consent from a data subject for the purposes of processing personal data, Art. 6, para. 1 a) of the EU General Data Protection Regulation (GDPR) is the legal basis.

Where processing of personal data is necessary for the performance of a contract to which the data subject is party, Art. 6, para. 1 b) GDPR is the legal basis. This also applies to processing methods which are necessary for the implementation of pre-contractual measures.
Where processing of personal data is necessary to comply with a legal requirement to which our business is subject, Art 6, para. 1 c) GDPR is the legal basis.

Where processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Art 6, para. 1 d) GDPR is the legal basis.

Where processing is necessary to protect a legitimate interest of our business or of a third party and the interests or fundamental rights and freedoms of the data subject do not override this interest, Art 6, para. 1 f) GDPR is the legal basis.

3. Data erasure and duration of storage
The personal data of a data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage beyond this may occur when this is provided for by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. Blocking or erasure of the data may also occur where a prescribed retention period under the above-named rules expires, unless a requirement to retain the data for an additional period arises from the conclusion of a contract or performance of a contract.

 

IV. Availability of the website and creation of log files

1. Description and scope of data processing
With each visit to our website, our system automatically collects data and information from the computer system of the computer making contact.

The following data is collected:

•    Enquiry details and target address
•    The user's IP address
•    Date and time of access
•    Data quantity transferred

The data will also be stored in our system’s log files. This data is not stored together with other personal data of the user.

2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6, para. 1 f) GDPR.

3. Purpose of data processing
It is necessary for the system to store the IP address temporarily to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

Log files are used for storage in order to ensure that the website functions properly. In addition, the data is used to optimise our website and to ensure the security of our information technology systems. Data is not evaluated for marketing purposes in connection with this. Our legitimate interest in data processing under Art. 6, para. 1 f) GDPR is also part of the purpose.

4. Duration of storage
Data is erased as soon as it is no longer required for the purposes for which it was obtained. In relation to data collection in order to make the website available, this is the case when the relevant session has ended.

Data is stored in log files for seven days at most. A longer storage period is possible. In this case, the user’s IP address will be erased or distorted in order to ensure that it can no longer be attributed to the contacting client.

5. Option to object and to delete data
The collection of data in order to make the website available and storage of the data in log files is essential for the operation of the website. As a consequence the user has no right to object to this.

V. Use of cookies

1. Description and scope of data processing
Our website uses cookies. Cookies are text files which are stored in or by the internet browser on the user's computer system. If a user accesses a website, a cookie may be stored on the user’s operating system. The cookie contains a character string which enables unique identification of the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website mean that the accessing browser can be identified even following a change of website. The following data is stored and transferred by the cookies:

•    Language settings
•    Items in a shopping basket
•    Login information

2. Legal basis for data processing
The legal basis for processing personal data while using cookies is Art. 6, para. 1 f) GDPR.

3. Purpose of data processing
The purpose of using technically essential cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without using cookies. These require that the browser can still be recognised after a change of website.

We need cookies for the following applications:

•    Order centre / shopping basket

The user data collected by technically essential cookies is not used to create user profiles.

Our legitimate interest in the processing of personal data under Art. 6, para. 1 f) GDPR is also part of these purposes.

4. Duration of storage, option to object and to delete data
Cookies are stored on the user’s computer, which transfers them to our website. Therefore, as a user, you have full control of the use of cookies. By changing the settings in your internet browser you can deactivate or restrict the transfer of cookies. Cookies that have already been stored can be erased at any time. This can also be done automatically. If cookies for our website are deactivated, it is possible that not all of the functions of the website will be fully operational.

VI. Newsletter

1. Description and scope of data processing

We require your e-mail address, last name and first name in order to send you our personalised newsletter. It is necessary to verify the e-mail address you give us and you must consent to receiving the newsletter. Additional data is not collected.

During the registration process, your consent to the processing of data is obtained and you are referred to this Data Privacy Notice.

Your data is not passed on to third parties in relation to data processing for the purpose of sending newsletters. The data is used exclusively to send the newsletter.

2. Legal basis for data processing

The legal basis for processing data following registration for the newsletter by the user is Art. 6, para. 1 a) GDPR, subject to the consent of the user.

3. Purpose of data processing

Obtaining the user’s e-mail address enables the newsletter to be delivered. Obtaining other personal data in the course of the registration process helps to prevent misuse of the services or the e-mail address that is used.

4. Duration of storage

Data is erased as soon as it is no longer required for the purposes for which it was obtained. The user's e-mail address, last name and first name will accordingly only be stored for as long as the subscription to the newsletter is active.

5. Option to object and to delete data

Subscription to the newsletter can be terminated by the relevant user at any time. There is a link for this purpose in each newsletter.

6. CleverReach

We use CleverReach to dispatch newsletters. The service provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede, Germany. This service enables us to organise and analyse the dispatch of newsletters. The data you input to subscribe to the newsletter, such as your e-mail address, is stored on CleverReach servers. The servers are located in Germany and Ireland.

Dispatching the newsletter via CleverReach allows us to analyse the behaviour of newsletter recipients. The analysis indicates, for example, how many recipients open their newsletter and the frequency with which they click on links in the newsletter. CleverReach supports conversion tracking to analyse whether, after clicking on a link, a pre-defined action is taken, such as buying a product. Details of the data analysis carried out by CleverReach are available at: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.

Data is processed on the basis of your consent (Art. 6, para. 1 a) GDPR). You may revoke your consent at any time.

An informal notification by e-mail is sufficient to revoke your consent, or you can de-register using the "Unsubscribe" link in the newsletter. The withdrawal of consent shall not affect the lawfulness of data processing procedures that have already taken place.

If you prefer not to be included in the analysis by CleverReach, you must unsubscribe from the newsletter. An informal notification by e-mail to us is sufficient to unsubscribe, or you can de-register using the "Unsubscribe" link in the newsletter.

If you de-register, any data entered to set up the subscription will be erased from our servers and from CleverReach servers. If this data had been sent to us for other purposes and elsewhere, it will remain with us. Details of CleverReach's data protection provisions are available at: https://www.cleverreach.com/de/datenschutz/.

VII. Registration for events and receipt of circulars

1. Description and scope of data processing

Our website provides users with the option of registering for events and receipt of circulars by entering personal data. The data is entered on an input screen, transferred to us and stored. No data is passed on to third parties. The following data is collected during the registration process:

  • Mandatory fields: salutation, first name, last name, company,
    e-mail address
  • Optional fields: title, department, position, street house number, postcode, town/city, phone

The user's consent to the processing of this data is obtained in the course of the registration process.

2. Legal basis for data processing

The legal basis for the processing of data is the user’s consent under Art. 6, para. 1 a) GDPR.

3. Purpose of data processing

The personal data that you provide is used solely for the purpose of registering for events and holding such events. You receive invitations and information relating to the event.

Data obtained from registrations for receipt of the circular is used solely for the purpose of sending the Association's circulars. For these purposes, we store the data in our Content Management System (CMS).

We also use some of the data (name, institution, e-mail address, in some circumstances also postal address) to send information (event news, invitations to take part in surveys, information on new publications).

4. Duration of storage

Data is erased as soon as it is no longer required for the purposes for which it was obtained. This is the case if you leave the member institution, or you de-register from receipt of the circular in writing by e-mail.

5. Option to object and to delete data

As a user, you have the option of cancelling the registration at any time. You can change the data held about you at any time, or have it erased. To do so, please send us an e-mail with your objection to info@pfandbrief.de. In this case we will stop sending you further information without delay and erase your data, unless it is still needed for other purposes.

VIII. Contact form and e-mail contact

1. Description and scope of data processing

There is a contact form on our website which may be used to make contact electronically. If a user does so, the data entered into the input screen is transferred to us and stored. This data is:

  • Mandatory fields: salutation, first name, last name, company,
    e-mail address
  • Optional fields: title, department, position, street house number, postcode, town/city, phone

During the course of submission, your consent to the processing of data is obtained and you are referred to this Data Privacy Notice. Alternatively, contact can be made via the e-mail address provided. In this case, the user's personal data that is sent with the e-mail will be stored.

The data is not transferred onwards to third parties in this case. The data is used exclusively to process the conversation.

2. Legal basis for data processing

The legal basis for the processing of data is the user’s consent under Art. 6, para. 1 a) GDPR.

The legal basis for processing data which is transferred by sending an e-mail is Art. 6, para. 1 f) GDPR. If the aim of the e-mail contact is to conclude a contract, the additional legal basis for processing is Art. 6 para. 1 b) GDPR.

3. Purpose of data processing

We process the personal data from the input screen solely in order to deal with the enquiry. In the case of an e-mail enquiry, the necessary legitimate interest in processing the data also applies.

Other personal data processed during the submission process helps to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

Data is erased as soon as it is no longer required for the purposes for which it was obtained. In relation to personal data obtained through the input screen of the contact form and which is sent by e-mail, this will be the case when the relevant conversation with the user has ended. The conversation will be at an end when it can be assumed from the circumstances that the relevant matter has been conclusively clarified.

Additional personal data collected in the submission process will be erased after a period of seven days at the latest.

5. Option to object and to delete data

The user has the right to withdraw his or her consent to the processing of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In this situation, the conversation cannot be continued further. To do this, please send us an e-mail with your objection to info@pfandbrief.de.

All personal data which has been stored in the course of the enquiry will be erased in this case.

IX. Links to websites of other providers

Our online offering contains links to other providers’ websites. We cannot provide any assurance that these providers comply with data protection requirements.

X. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to the controller:

1. Right of access

You may request confirmation from the controller as to whether personal data relating to you is processed by us. If such processing occurs, you may request the following information from the controller:

(a) the purposes for which the personal data is processed;

(b) the categories of personal data that are processed;

(c) the recipients or categories of recipients to whom your personal data has been disclosed or will be disclosed;

(d) the planned duration of storage of your personal data or, if it is not possible to provide specific information in this respect, criteria for establishing the duration of storage;

(e) the existence of a right to rectify or erase your personal data, a right to restriction of processing by the controller or a right to object to this processing;

(f) the existence of a right to lodge a complaint with a supervisory authority;

(g) all available information about the origin of the data, if the personal data was not collected from the data subject;

(h) the existence of automated decision-making, including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information about whether your personal data will be transferred to a third country or an international organisation. In this context, you may request information about the appropriate safeguards pursuant to Art. 46 GDPR in relation to the transfer.

2. Right to rectification

You have the right vis-à-vis the controller to rectification and/or completion of processed personal data about you that is inaccurate or incomplete. The controller must rectify the data promptly.

3. Right to restriction of processing

You may request the restriction of processing of your personal data under the following conditions:

(a) if you contest the accuracy of your personal data, for a period enabling the controller to verify the accuracy of the personal data;

(b) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

(c) the controller no longer needs the personal data for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims, or

(d) you have objected to processing pursuant to Art. 21 para. 1 GDPR pending verification of whether the legitimate grounds of the controller override your grounds.

If the processing of your personal data has been restricted, this data - with the exception of its storage - may only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the right of another natural or legal person, or on the grounds of an important public interest of the European Union or a Member State.

If the restriction of processing has been restricted pursuant to the conditions set out above, you will be informed by the controller prior to the restriction being lifted.

4. Right to erasure

4.1. Duty to erase data

You may request that the controller erases your personal data without delay and the controller is required to erase this data without delay where one of the following grounds applies:

(a) Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.

(b) You withdraw your consent upon which processing was based pursuant to Art. 6, para. 1 a) or Art. 9, para. 2 a) GDPR and there is no other legal basis for processing.

(c) You object to processing pursuant to Art. 21, para. 1 GDPR and there are no overriding legitimate grounds for processing, or you object to processing pursuant to Art. 21, para. 2 GDPR.

(d) Your personal data was unlawfully processed.

(e) The erasure of your personal data is necessary for compliance with a legal obligation under European Union law or the law of its Member States, to which the controller is subject.

(f) Your personal data was collected in connection with the offer of information society services referred to in Art. 8, para.1 GDPR.

4.2. Information provided to third parties

Where the controller has made your personal data public and is obliged to erase it pursuant to Art. 17, para. 1 GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as data subject, have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.

4.3. Exceptions

The right to erasure does not apply where processing is necessary

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(c) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 h) and i) as well as Art. 9 para. 3 GDPR;

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(e) for the establishment, exercise or defence of legal claims.

5. Right to notification

Where you have exercised your right to rectification, erasure or restriction of processing in relation to the controller, the controller must inform all recipients to whom your personal data has been disclosed about the rectification, erasure of the data or restriction on processing, unless this is not possible or only with disproportionate effort.

You have the right to require the controller to notify you about these recipients.

6. Right to data portability

You have the right to receive your personal data, which you provided to a controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where:

(a) the processing is based on consent pursuant to Art. 6, para. 1 a) GDPR or Art. 9, para. 2 a) GDPR or on a contract pursuant to Art. 6, para. 1 b) GDPR; and

(b) the processing is carried out by automated means.

In exercising this right, you additionally have the right to have your personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

The right to data portability does not apply to the processing of personal data which is necessary for performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right, on grounds relating to your particular situation, to object to processing of your personal data which is based on Art. 6, para. 1 e) or f) GDPR; this also applies to profiling based on these provisions.

The controller will no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purposes of such marketing; this also applies to profiling, in so far as it is connected to such direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw written consent given under data protection law

You have the right to withdraw your written consent given under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

There shall be no automated decision-making based on the personal data that is collected.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.