Data protection & terms of use

General

The information on this website is intended for general information purposes only. It does not constitute legal, tax or investment advice on the part of SilvaVest GmbH, and in particular does not establish any contractual or client relationship. The content of this website has been researched with the utmost care. Nevertheless, SilvaVest GmbH accepts no liability for the accuracy, completeness or currency of the information provided. This applies also to the design and content of external websites linked to from this website via hyperlinks. We are unable to offer any guarantee of the confidentiality of data transfer via email.

Liability for the content of offers

All offers on our website, in particular but not solely offers for the purchase of real estate, have been compiled with the utmost care. All offers made by SilvaVest GmbH are non-binding and subject to change without notice. We reserve the right to make changes and additions, correct errors and make intermediate assignments. The information contained in our offers is provided to us by the owner of the real estate or by persons or companies instructed to do so by the owner. We do not accept any liability or offer any warranty for the content, i.e. for the accuracy, completeness and currency of offers.

Liability for links

Our website includes links to external websites operated by third parties. We have no control over the content of these websites and are therefore unable to offer any guarantee with respect to this external content. The content of linked websites is always the responsibility of the relevant provider or website operator. Linked websites were checked for the presence of illegal content on inserting the link. No illegal content was discernible at this time. Unless we have specific evidence of suspected illegal content, it is not reasonable for us to monitor the content of linked websites on an ongoing basis. If we become aware of any illegal content, we will remove any such links immediately.

Copyright

The content and works on this website produced by SilvaVest GmbH are subject to German copyright law. Any reproduction, editing, dissemination or commercialisation which is not permitted under copyright law requires the written consent of the author or creator. This website may be downloaded or copies made of it for private, non-commercial use only. Where the content of this website was not created by the website operator, third party copyright has been respected. In particular, any third-party content has been marked as such. Should you nonetheless notice a breach of copyright, please notify us. If we become aware of any illegal content, we will remove such content immediately.

Privacy policy

We appreciate your interest in our company. The SilvaVest GmbH website can be used without providing any personal data. If a data subject wishes to make use of specific services provided by our company via our website, it may, however, become necessary for us to process personal data. Where it is necessary for us to process personal data and there is no legal basis for that processing, we obtain the data subject’s consent. Processing of personal data, for example a data subject’s name, address, email address or telephone number, is always carried out in accordance with the General Data Protection Regulation and in accordance with SilvaVest GmbH’s country-specific privacy policy. This privacy policy is intended to inform the public of the purpose, nature and scope of the personal data collected, used and processed by our company. In addition, this privacy policy also provides data subjects with information about their rights. As data controller, SilvaVest GmbH has put in place numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website. Despite this, data transmission over the internet can always be subject to security vulnerabilities, and it is not possible to guarantee absolute protection. All data subjects are therefore at liberty to use alternative routes to provide us with personal data, for example by telephone.

1. Definitions

SilvaVest GmbH’s privacy policy is based on the terminology used by European legislative and regulatory authorities in adopting the General Data Protection Regulation (GDPR). We aim to make our privacy policy easy for the public, our clients and our business partners to read and understand. In order to achieve this, we would first like to explain some of the terms used.

In this privacy policy, we use the following terms:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

A data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for processing.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The controller as defined in the General Data Protection Regulation, other data protection legislation applicable in Member States of the European Union and other regulations which have the character of data protection legislation is:

SilvaVest GmbH
Hafenweg 24a
48155 Münster
Germany

Telephone: +49 251/674 324-0
Fax: +49 251/674 324-21
Email: info@silvavest.de
Website: www.silvavest.de

3. Collection of general data and information

Every time it is accessed by a data subject or an automated system, the SilvaVest GmbH website collects a number of items of general data and information. This general data and information is stored in server log files. The following data may be collected: (1) the browser type and version, (2) the operating system used to access the website, (3) the website from which the user is referred to our website (referrer), (4) the web pages accessed on our website, (5) the date and time at which the website is accessed, (6) the user’s IP address, (7) the internet service provider of the system used to access the website, (8) other similar data and information used for security purposes in the event of attacks on our IT systems.

SilvaVest GmbH does not use this general data and information to identify the data subject. Rather, this information is required (1) to serve the content of our website correctly, (2) to optimise the content of our website and advertising for the data subject, (3) to ensure that our IT systems and our website technology are able to continue to function correctly, and, (4) in the event of a cyber-attack, to provide law enforcement agencies with any information required for law enforcement purposes. This data and information is collected anonymously and is analysed by SilvaVest GmbH for statistical purposes and with the aim of enhancing data protection and data security within our company, with the ultimate aim of ensuring the best possible protection for the personal data processed by us. Anonymous data stored in server log files is stored separately from personal data provided by data subjects.

4. Contacting us via the website

To comply with legal requirements, the SilvaVest GmbH website includes information enabling users to rapidly contact our company electronically and to communicate directly with us, including a general email address. If a data subject contacts the controller by email or via a contact form, personal data transmitted by the data subject will be stored automatically. Personal data of this type voluntarily transmitted to the controller will be stored for the purpose of processing these data or contacting the data subject. These personal data will not be shared with third parties.

5. Routine erasure and restriction of availability of personal data

The controller will only process and store personal data concerning the data subject for the period necessary to achieve the purpose for which it is being stored, or where this is provided for by European or other legislative and regulatory authorities through laws or regulations to which the controller is subject.

If the purpose for which the data is being stored is no longer applicable, or if a retention period provided for by European legislative and regulatory authorities or another competent legislator expires, the personal data will be routinely made unavailable or erased in accordance with legal requirements.

6. Rights of the data subject

a) Right of confirmation

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise his or her right of confirmation, he or she can contact an employee of the controller for this purpose at any time.

b) Right of access

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to obtain from the controller at any time and free of charge access to the personal data concerning him or her and a copy of that data. Furthermore, European legislative and regulatory authorities have granted the data subject access to the following information:

  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  • the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the 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

Furthermore, the data subject has a right to be informed whether or not personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise his or her right of access, he or she can contact an employee of the controller for this purpose at any time.

c) Right to rectification

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise his or her right to rectification, he or she can contact an employee of the controller for this purpose at any time.

d) Right to erasure (right to be forgotten)

Every data subject shall have the right, enshrined in law by European legislative and regulatory authorities, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and to the extent that processing is not necessary:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
  • the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and there is no other legal basis for the processing
  • the data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR
  • the personal data have been unlawfully processed
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
  • the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR

If one of the above grounds applies and a data subject wishes to have erased personal data concerning him or her which is stored by SilvaVest GmbH, he or she can contact an employee of the controller for this purpose at any time. The employee of SilvaVest GmbH will ensure that the request for erasure is complied with without undue delay.

Where SilvaVest GmbH has made the personal data public and if our company as the controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, SilvaVest GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to notify controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, to the extent that processing is not necessary. The employee of SilvaVest GmbH will undertake whatever action is necessary in the individual case.

e) Right to restriction of processing

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims
  • the data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject

If one of the above conditions applies and a data subject wishes to request that personal data concerning him or her which is stored by SilvaVest GmbH be restricted, he or she can contact an employee of the controller for this purpose at any time. The employee of SilvaVest GmbH will ensure that restriction of processing is initiated.

f) Right to data portability

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, the processing is carried out by automated means and processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where this is technically feasible and where this does not adversely affect the rights and freedoms of others.

To exercise his or her right to data portability, the data subject can contact an employee of SilvaVest GmbH at any time.

g) Right to object

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to object on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.

In the event of an objection, SilvaVest GmbH will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where SilvaVest GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject informs SilvaVest GmbH of his or her objection to processing for direct marketing purposes, SilvaVest GmbH will no longer process the personal data for such purposes.

Where personal data are processed by SilvaVest GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise his or her right of objection, the data subject can contact any employee of SilvaVest GmbH or another employee at any time. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her providing that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller or (2) is based on the data subject's explicit consent, SilvaVest GmbH will implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If a data subject wishes to exercise his or her rights in relation to automated decision-making, he or she can contact an employee of the controller for this purpose at any time.

i) Right to withdraw consent to processing

Every data subject has the right, enshrined in law by European legislative and regulatory authorities, to withdraw his or her consent to the processing of personal data at any time.

If a data subject wishes to exercise his or her right to withdraw his or her consent, he or she can contact an employee of the controller for this purpose at any time.

7. Legal basis for processing

The legal basis for processing operations by our company is point (a) of Article 6(1) of the GDPR, whereby we obtain consent for a specific purpose of processing. If processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or considerations, the processing is based on point (b) of Article 6(1) of the GDPR. This applies also for processing operations that are necessary prior to entering into a contract, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to meet tax obligations, the processing is based on point (c) of Article 6(1) of the GDPR. In rare cases, processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. Examples might include, for example, if a visitor to our company were injured and we needed to give their name, age, health insurance details or other vital information to a doctor, hospital or other third party. In this case the processing would be based on point (d) of Article 6(1) of the GDPR. Finally, processing operations could be based on point (f) of Article 6(1) of the GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest pursued by our company or a third party, except where such interests are overridden by the interests, fundamental rights and freedoms of the data subject. We are permitted to carry out processing operations of this nature in particular because they have been specifically cited by the European legislature. In this respect, it has expressed the opinion that a legitimate interest may be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

8. Legitimate interests in processing pursued by the controller or by a third party

Where the processing of personal data is based on point (f) of Article 6(1) of the GDPR, our legitimate interest is to carry out our business for the benefit of all our employees and shareholders.

9. Period for which personal data will be stored

The criterion for the period for which personal data will be stored is the relevant statutory retention period. At the end of this period, the data will be routinely deleted as long as they are no longer required for the initiation or performance of a contract.

10. Legal or contractual provisions concerning the provision of personal data; necessity for entering into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide personal data

We inform you that the provision of personal data is in part required by law (e.g. tax regulations) or can also arise from contractual terms (e.g. details of the contractual partner). Occasionally it may be necessary for a data subject to provide us with personal data which subsequently needs to be processed by us in order to enter into a contract. The data subject is, for example, obliged to provide us with personal data if our company enters into a contract with him or her. Failure to provide personal data would have the consequence that it would not be possible to enter into the contract with the data subject. Before providing us with personal data, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or is required in order to enter into the contract, whether there is an obligation to provide the personal data, and the consequences of failure to provide the personal data.

11. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was produced using the DGD Deutsche Gesellschaft für Datenschutz GmbH privacy policy generator in collaboration with data protection attorneys at the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte. DGD Deutsche Gesellschaft für Datenschutz GmbH operates as an external data protection officer.

Contact