Data Privacy Guidelines for Website Visitors

Last updated: 4 February 2019

 

1. Introduction

 

The protection of your personal data is very important to us, MARINA TOWER Holding GmbH (hereinafter "MARINA TOWER"). We therefore process personal data only in accordance with the applicable legislation on the protection of personal data, in particular the General Data Protection Regulation (Datenschutzgrundverordnung – DSGVO, hereinafter "GDPR").

 

The following data privacy guidelines provide you with an overview of how we process your personal data and of your rights under the data protection legislation. These data privacy guidelines explain whether MARINA TOWER processes personal data and – if so – the extent to which it does so in connection with the processes mentioned below.

 

As we develop our website and incorporate new technologies to improve our service for you, there may be changes to these data privacy guidelines. We therefore recommend that you read these guidelines again from time to time.

 

2. Explanation of terms

 

The data protection terms used below are defined in Art. 4 of the GDPR. The full text of the GDPR is available on the internet under the following link: eur-lex.europa.eu/legal-content/EN/TXT/PDF/.

 

3. Who is responsible for the data processing and who can I contact?
 

Data controller in accordance with Art. 4 (7) of the GDPR

 

MARINA TOWER Holding GmbH

Hietzinger Kai 131

A-1130 Vienna

 

Tel.: +43 (0)1/878 28-1111

Fax: +43 (0)1/878 28-5299

E-mail: datenschutz@buwog.com

 

4. To whom does this data privacy statement apply?

 

When we process personal data, it means, briefly summarised, that we collect, store, use, transfer or delete this data.

 

These data privacy guidelines involve personal data pertaining to

  • visitors to our website who browse our website;
  • visitors to our website who use the communication options available on the website (e.g. the contact form) or take advantage of other services (e.g. our newsletter); and
  • prospective tenants and buyers.

 

5. Which of your sources and data does MARINA TOWER process?

 

MARINA TOWER processes your personal data when you contact us, for example, as a visitor to our website, a prospective tenant or buyer, if you write us a message, or if you subscribe to our newsletter.

We process the following personal data:

 

  • Website visit

When you visit our website, we process the following data: technical access data, specifically, the name of your internet service provider, the page from which you visit us or the name of the requested file, the date and time of your visit, and the identification data of the browser/operating system used. Our web server also stores your IP address. We also evaluate this data – anonymously – for purely statistical purposes and without any reference to your person, e.g. for the evaluation of the number of page views, duration of use, etc.                                                                

The details relating to the use of social media plug-ins, cookies and tracking tools are described in detail under Section 9 (Cookie use) and Section 10 (Web analytics with tracking tools).

 

  • Communication - request for priority notice and newsletter
    When using the form for a request for priority notice along with ordering our newsletter and then sending or providing the corresponding information, we process the data and the message you have provided in the respective form.
     Only the provision of a title, first name and last name as well as an e-mail address are required. In addition, your IP address and the date and time of the message or order are stored at the time your message is sent.

    When you sign up for our newsletter, we use the so-called double opt-in procedure. This means that after registering, we first send you an e-mail to the e-mail address specified. In it, we ask you to confirm that you want the newsletter. If you do not confirm your registration within 24 hours, your data is blocked by us and automatically deleted after one month. The purpose of the procedure is to verify your registration and, if necessary, prevent and clarify any potential misuse of your personal data.
  • Contact by e-mail
    When you contact us by e-mail, the personal data you have voluntarily provided is used for the relevant processing.

 

6. What does MARINA TOWER use your data for (purpose of processing) – and on what legal basis?

 

MARINA TOWER operates in Austria. We therefore process the aforementioned personal data in accordance with the provisions of the GDPR and the Austrian Data Protection Act (Datenschutzgesetz – DSG). Specifically:

 

6.1On the basis of your consent (Art. 6 (1) lit a of the GDPR)

 

Data processing is legally permissible if you have consented to it for one or more specific purposes. You have the right to revoke this consent at any time without affecting the legal grounds of the processing that has taken place on the basis of your consent until the time of revocation. A revocation of your consent also applies to declarations of consent granted to MARINA TOWER prior to the validity of the GDPR, that is, prior to 25 May 2018. Please note that the revocation is only effective for the future.

 

  • Newsletter
    Your consent is the legal basis for the distribution of the newsletter, in which we inform you of the latest interesting news pertaining to MARINA TOWER. We use your data for sending the newsletter.
  • Request for priority notice
    Your consent is the legal basis for us to process the data entered into the input mask for the purpose of processing your application or request. In doing so, we use the communication channel you have specified (e.g. to send information brochures).

    If you and MARINA TOWER aim to finalise a contract on the basis of your request, Art. 6 (1) lit b of the GDPR (performance of measures prior to entering the contract) is also considered a further legal basis for processing your data. The purpose of the processing is the concrete negotiation and preparation of a rental agreement and/or a real estate purchase agreement between you and MARINA TOWER.
  • Contact by e-mail

Your consent as a result of sending your personal data is the legal basis for processing your messages contacting us.

 

Revocation of consent

Your consent(s) can be revoked at any time for the future.

The revocation can take place informally, e.g. by e-mail to datenschutz@buwog.com (for newsletters to newsletter@buwog.com) or by a message to the contact details provided under Section 3 above. In addition, you can cancel the subscription to the newsletter by clicking on the link provided in a newsletter e-mail.

 

 

6.2To fulfil contractual or pre-contractual obligations (Art. 6 (1) lit b of the GDPR)

 

We process your data to fulfil contractual or pre-contractual obligations:

 

  • If you want to purchase a specific property
    At the latest after the declaration of the prospective buyer's intention to purchase a specific property, a pre-contractual obligation arises such that Art. 6 (1) lit b of the GDPR (performance of contractual and pre-contractual measures) is then the authoritative legal basis for processing your data.

 

6.3 On the basis of a legitimate interest (Art. 6 (1) lit f of the GDPR)

 

We also process your data on the basis of our legitimate interests or those of third parties:

 

  • Our messages in connection with your messages contacting us
    In addition to the data that you actively provide to us (e.g. e-mail address for the newsletter), MARINA TOWER also processes personal data that is provided to us in the course of contacting us (e.g. the newsletter or when requesting priority notice). Processing is done to prevent misuse and to ensure the security of our information technology systems.
  • Settlement of legal disputes, establishment, exercise and defence of legal claims (e.g. in connection with rights and obligations under the GDPR).
  • Marketing and direct marketing
    We use your data for the purposes of direct marketing (e.g. to conduct customer surveys, opinion polls, marketing campaigns, market analyses, prize draws, competitions or similar promotions and events). In this context, we also analyse the results of (direct) marketing activities in order to measure the efficiency and relevance of our actions.
  • Use of cookies and tracking tools

Our predominant legitimate interest lies in improving our online service, in the user-friendly design of our website and in safeguarding data security.

 

Right to object to processing

In accordance with Art. 21 (1) of the GDPR, you have the right at any time to lodge an objection to the processing of personal data pertaining to you that takes place on the basis of Art. 6 (1) lit f of the GDPR (data processing for the protection of legitimate interests).

For details on how to exercise this right, see Section 13 below.

 

 

6.4On the basis of legal requirements (Art. 6 (1) lit c of the GDPR)

 

MARINA TOWER processes personal data in order to be comply with legal obligations on the basis of tax law as well as reporting and information obligations with respect to authorities:

 

  • Compliance with legal requirements
    Legal requirements include e.g. tax and commercial storage obligations, existing requirements for carrying out supervisory measures to prevent white-collar crime or money laundering.

 

7. Who receives your data?

 

Within MARINA TOWER, only those that require access to fulfil their responsibilities within MARINA TOWER in order to exercise our legitimate interests and fulfil contractual and legal obligations gain access to your data.

We also provide your personal information to the following persons for the following purposes:

 

  • Public authorities
    By way of exception, MARINA TOWER provides personal information to courts, regulators, financial authorities and other public authorities as required by law (e.g. cases of emergency response or prosecution).
  • External service providers (so-called data processors)
    MARINA TOWER cooperates with the following external service providers to be able to benefit from their particular expertise: (i) agents, (ii) property management firms, (iii) consultants, (iv) service providers, (v) marketing agencies, (vi) IT service providers and (vii) project developers. These so-called data processors only act in accordance with the instructions of MARINA TOWER and are contractually required to comply with the applicable data protection requirements with respect to MARINA TOWER.

 

8. Is data transferred to a third-party country or to an international organisation?

Data is only transferred to countries outside the EU or the EEA (so-called third-party countries) to the extent it is required for the execution of your orders, it is required by law (e.g. tax reporting obligations) or you have given us consent.

 

9. Cookie use

When you use the MARINA TOWER website, cookies are stored on your computer. Cookies are small text files that are stored on the hard drive assigned to the browser you are using and through which the location the cookie occupies (here through us) receives certain information. Cookies cannot run programmes or transmit viruses to your computer. They serve to make the internet service more user-friendly and effective overall.

Our website uses the following types of cookies, the scope and mode of operation of which are explained below:

 

  • Transient cookies:
    Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. These store a so-called session ID, with which various inquiries from your browser can be assigned to the shared session. This allows your computer to be recognised when you return to the MARINA TOWER website. The session cookies are deleted when you close the browser.

    The following transient cookies are used: Google Analytics Pixel

    Persistent cookies:
    Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

    The following persistent cookies are used: Google AdWords Pixel, Double Click Pixel, Bing Ads Pixel
     

You can configure your browser so that you are informed about the setting of cookies and allow them on a case-by-case basis only, refuse them in specific cases or in general, and activate the automatic deletion of cookies when closing the browser. Disabling cookies may, however, prevent you from being able to use the full extent of all of the features on this website.

 

10.  Web analytics with tracking tools
 

MARINA TOWER uses the web analytics tools described below to analyse the use of our website. In addition, cross-user analyses of visitor flows are carried out using a user ID.

The statistics and other findings obtained allow us to improve our services for you and to make them more interesting for you as a user.

The legal basis for processing personal data using the tracking tools described below is your consent.

If – despite your consent – you have configured your browser settings in such a way that your browser, for example, refuses to accept third-party or all cookies, you will not be able to use this website or all of its features.

 

10.1 Web analytics tools from Google

 

We use the following web analytics tools from Google Inc. ("Google"):

 

  • Google Analytics
    Google Analytics uses cookies: these are text files that are stored on your computer and allow an analysis of your use of the website. The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. Prior to this, however, your IP address is truncated by Google. Only in exceptional cases is the full IP address sent to a Google server in the USA and truncated there. On behalf of MARINA TOWER, Google uses this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator other services related  to the use of the website and the internet.

The IP address sent by your browser to Google Analytics is not merged with other Google data.

 

You can prevent the storage of cookies by configuring your browser software appropriately; please note, however, that if you do this, you may not be able to take full advantage of all of the features of this website. Furthermore, you can prevent Google from collecting the data which is produced by the cookie and related to your use of the website (including your IP address) as well as from the processing this data by downloading and installing the browser plug-in available under the following link: tools.google.com/dlpage/gaoptout.
 

This website uses Google Analytics with the extension "_anonymizeIp()". As a result, IP addresses are processed in truncated form, thereby ruling out any connection with a person. To the extent the data collected about you is assigned a personal reference, it is immediately excluded and the personal data is deleted without delay.
We use Google Analytics to analyse the use of our website and to improve it on a regular basis. The statistics allow us to improve our service and make it more interesting for you as a user.

 

  • ReCAPTCHA

The acronym CAPTCHA stands for "Completely Automated Public Turing test to tell Computers and Humans Apart". Captchas protect website services from being used by BOTS (computers). The following data, in particular, is transmitted to Google: the website into which ReCAPTCHA is integrated, the browser's user agent, the connection's IP address, the screen and window resolution, the language configured in the browser, the time zone, the installed browser plug-ins, and Google also installs a cookie in the browser if it is not integrated. More information can be found in the Google Privacy Policy: https://www.google.com/policies/privacy/. You have the possibility to opt out of the data processing through ReCaptcha. To opt out, see: https://adssettings.google.com/authenticated.

 

  • Use of DoubleClick
    Google DoubleClick ("DoubleClick") uses cookies to show users relevant ads, improve campaign performance reports, and prevent users from seeing the same ads multiple times. Google uses a cookie ID to determine which ads are displayed in which browser, thereby preventing them from being displayed multiple times. In addition, DoubleClick can use cookie IDs to track so-called conversions that are related to ad requests. This is the case, for instance, when a user sees a DoubleClick ad and later goes to the advertiser's website with the same browser and purchases something there. According to Google, DoubleClick cookies do not contain personal information.
     

On the basis of the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no control over the extent or further use of the data Google collects by using this tool and therefore inform you about the status of our knowledge in this regard: through the integration of DoubleClick, Google receives the information that you have accessed the relevant part of our website or have clicked on one of our ads. If you are registered with a service provided by Google, Google may associate the visit with your account. Even if you are not registered with Google or are not logged in, there is a chance that the provider will find and store your IP address.


Further information on DoubleClick can be found under www.google.com/doubleclick and support.google.com/adsense/answer/2839090.

 

10.2 Bing Ads conversion tracking

 

We also use Bing Ads conversion tracking, a web analytics service provided by Microsoft Cooperation ("Microsoft"). Bing Ads also allows an evaluation of visitor activity. This mechanism of website analytics measures the effectiveness with which an addressed group of persons is encouraged to take desired actions (e.g. how many users sign up for the MARINA TOWER newsletter or apply for a property on the basis of an ad on the Bing search engine). Microsoft Bing Ads store a cookie on your computer if you visit our website via a Microsoft Bing ad. We and Microsoft Bing can therefore detect that someone clicked on an ad, was redirected to our website, and accessed a previously determined target page (conversion page). We are only informed about the total number of users who clicked on a Bing ad and were then redirected to the conversion page. No personal information about the identity of the user is provided. If you do not want information about your behaviour to be used by Microsoft in the aforementioned manner, you can refuse the cookie use required for this, for example, by configuring your browser to automatically disable cookies in general. In addition, you can prevent the collection of data generated by the cookie and related to your use of the website as well as the processing of this data by Microsoft by declaring your opposition under the following link: choice.microsoft.com/en-US/opt-out.

For the exceptional cases in which personal information is transferred to the US, Google has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-USFramework.


Third-party provider information:
Microsoft Corporation
One Microsoft Way, Redmond, WA 98052-6399, USA, Tel: +49 (0) 1806 - 67 22 55
Authorised representative: Benjamin O. Orndorff

For more information about data privacy and cookies on Microsoft and Bing Ads, visit Microsoft's website at privacy.microsoft.com/en us/privacystatement.

 

11. Data security

 

The data our customers transfer to us is protected from external interference by firewalls, etc., in accordance with our centralised system's state-of-the-art technology.


As soon as you use an input mask, data is always transferred between the user and MARINA TOWER using SSL/TSL encryption.

 

12. How long is my data stored?

 

MARINA TOWER processes and stores your personal data as long as it is necessary to achieve the purpose for which it is being collected. If the data is no longer necessary to achieve the purpose of its collection, it is deleted unless its – temporary – (further) processing is necessary for the following purposes:

 

  • Legal retention periods
    To comply with the statutory (commercial and tax) periods for storage and documentation in the Austrian Federal Tax Code (Bundesabgabenordnung – BAO) and the Austrian Commercial Code (Unternehmensgesetzbuch – UGB) as well as the German Commercial Code (Handelsgesetzbuch – HGB) and German Tax Code (Abgabeordnung – AO):                                                       

These periods are up to ten years.

 

  • Evidence
    To preserve evidence in the context of the statutory limitation periods:
    In accordance with the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB) these limitation periods can be up to thirty years, whereby the regular period of limitation is three years.

 

In addition, the following applies to storage with regard to individual processes:

 

  • Website visit
    Your data is deleted as soon as the session has ended. Log files are deleted after seven days. Further storage is possible in exceptional circumstances, but in this case the IP addresses of the users are deleted or encrypted so that an assignment of the accessing client is no longer possible.
  • Request for priority notice
    Your data from the data mask to apply for a property and to request priority notice is deleted eight months after the property has been sold.
    Additional personal data (e.g. IP address) collected during the sending process is deleted at the latest after a period of seven days.
  • Newsletter
    When you log in to our newsletters as a visitor to our website, MARINA TOWER uses the so-called double opt-in procedure. This means that after registering, MARINA TOWER sends you an e-mail to the specified e-mail address in which MARINA TOWER asks you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information is blocked and automatically deleted after one month.
    We rely on your consent for sending a newsletter until revocation of that consent. After revocation of your consent, your personal data is deleted after a period of no later than 14 days. Revocation does not affect the legality of processing carried out on the basis of consent prior to said revocation.
    Additional personal data (e.g. IP address) collected during the sending process is deleted at the latest after a period of seven days.

 

13. What rights to data privacy do I have?

 

As a data subject, you have the following rights ("rights of the data subject") under the GDPR:

 

  • Right of access:
    In accordance with Art. 15 of the GDPR, you can request information from us on whether MARINA TOWER processes your personal data and what data it includes.
  • Right to rectification:
    If your information is incorrect, you can request a correction in accordance with Art. 16 of the GDPR. If your data is incomplete, you can request its completion. If MARINA TOWER has disclosed your data to third parties, these third parties will be informed of your correction – to the extent this is required by law.
  • Right to erasure of personal data:
    You have the right to delete your data with MARINA TOWER, provided that the requirements of Art. 17 of the GDPR are met (particularly if the purposes for which your data was collected or processed no longer apply).
  • Right to restriction of processing:
    You have the right to restrict the processing of your data, provided that the requirements of Art. 18 of the GDPR are met.
  • Right to data portability:
    If you wish, we will also provide you with your data for further use or transmit it to a recipient you designate.
  • Right to revocation of consent
    If consent has been given to process the personal data, the right to revoke the consent granted at any time shall apply with future effect, i.e. revocation does not affect the legality of processing carried out on the basis of consent prior to said revocation. Following revocation, MARINA TOWER is only permitted to process the personal data to the extent that processing by MARINA TOWER is still necessary on the basis of statutory requirements.
  • Right to object to processing:

 

Right to object to processing

In accordance with Art. 21 (1) of the GDPR, you have the right at any time to object to the processing of personal data on the basis of Art. 6 (1) lit f of the GDPR (data processing for the protection of legitimate interests).

If you object, we will no longer process your personal data for the purposes covered by the objection, unless
• we can demonstrate compelling legitimate reasons that override the interests, rights and freedoms of the data subject, or
• the processing serves the establishment, exercise or defence of legal claims.

Insofar as the objection is also or only directed against the processing of data for direct advertising, we will no longer process your personal data for this purpose.

The objection can be lodged informally, e.g. by e-mail to datenschutz@buwog.com or by notification to the contact details stated under Section 3.

 

  • Right to lodge a complaint:
    In addition, there is a right to lodge a complaint with a data protection supervisory authority (Art. 77 of the GDPR in connection with section 24 of the Austrian Data Protection Act).

    However, we recommend that you first direct a complaint to our data protection officer. The contact details can be found under Section 3.

 

14. Effect of non-communication

If the aforementioned personal data is not provided, MARINA TOWER cannot collect it. In that case, it is impossible to achieve the specified objectives. For example, it is impossible to consider your application for a particular property.

15. No automated decision-making

MARINA TOWER does not use fully automated decision-making as defined by Art. 22 of the GDPR to establish and implement a contractual relationship.

 

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