Privacy Policy of BlackHorizon Immobilien GmbH

We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with legal data protection regulations as well as this Privacy Policy. We would like to inform you at this point about the processing of your personal data in connection with the use of our website.

1. Definitions

Personal data is any data that contains information about personal or factual circumstances of natural persons, such as name, address, email address, phone number, date of birth, age, gender, social security number, video recordings, photos, etc. Data of legal entities is not subject to the provisions of the GDPR.

Processing means any operation or set of operations performed with or without the use of automated processes in connection with personal data, such as collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, querying, using, disclosing by transmission, dissemination or otherwise making available, aligning or linking, restricting, erasing, or destroying.

Controller is the natural or legal person, authority, institution, or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

Processor is a natural or legal person, authority, institution, or other body that processes personal data on behalf of the controller.

Recipient is a natural or legal person, authority, institution, or other body to which personal data is disclosed, regardless of whether it is a third party or not.

2. Data processing when visiting our website

When you visit our website, we process personal data from you only to the extent necessary to provide our website in a functional form and the content available there. We therefore process those personal data from you that your browser automatically transmits to our server in so-called server log files. This particularly includes your IP address.

In addition, when visiting our website, we do not process personal data but exclusively technical data. These data cannot be assigned to specific persons. A merging of these data with other data sources does not take place. We reserve the right to review these data retrospectively if we become aware of concrete indications of unlawful use.

As a user of our website, you have the options to (i) contact us via a contact form provided on the website; and (ii) apply to our company via an online application form.

In these cases, we additionally process the following personal data from you:

For the contact form:

• Your name
• Your phone number
• Your email address
• Any other information you provide in the message field provided

For the application form:

• Your name
• Your phone number
• Your email address
• Date of birth
• Residential address
• All information you provide to us as part of your application. Typically, this includes information regarding your resume, salary expectations, and other details you include in your application.

3. Purposes of processing

The purposes of the data processing are the following:

• Ensuring a safe and user-friendly design of our website
• Detecting, preventing, and investigating attacks on our website and online services
• Creating usage statistics for statistical evaluations
• When using the contact or application form: processing and responding to your inquiry or application

4. Legal basis for this data processing

The legal basis for data processing in the context of visiting our website is Art. 6 para. 1 lit. f GDPR, i.e., a legitimate interest which consists of achieving the above-mentioned purposes. The processing of the aforementioned data is necessary for this. It serves to safeguard our legitimate interest. No higher interests of the website user outweigh this.

If you provide us with data through the use of the contact or application form, the data processing directed thereto is carried out by us based on the legal ground of contract initiation and fulfillment pursuant to Art. 6 para. 1 lit. b GDPR or on the basis of your (explicit) consent pursuant to Art. 6 para. 1 lit. a GDPR. If these are invoicing details (e.g., name, address, VAT number, payment method), Art. 6 para. 1 lit. b GDPR also applies. Invoicing information must be processed due to accounting and tax regulations.

5. Storage duration

Your data will only be retained by us as long as necessary to achieve the above-mentioned processing purposes or as required by statutory retention obligations or for asserting or defending claims of third parties. If the data is no longer required for providing the website or fulfilling our service, it will be deleted, unless contractual or statutory obligations prevent this.

6. Transfer of data to third parties

For the operation of our website, we regularly use IT service providers who, on our behalf and under our instructions, may also have access to the personal data obtained from your use of our website in order to provide the commissioned services.

In individual cases, it may also occur that we transfer your personal data to the following categories of recipients:

• External third parties to the necessary extent based on our legitimate interests (e.g., legal representatives in individual cases)
• Authorities and other public bodies to the legally required extent (e.g., tax authorities, courts)

We only transfer your data to other recipients if you have given your explicit consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR, if this is legally permissible and necessary for the fulfillment of a contractual relationship with you pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR, if we are legally obligated to do so pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, or if the transfer is necessary pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR to safeguard our legitimate interests or to assert, exercise, or defend legal claims, and there is no reason to believe that you have an overriding legitimate interest in not disclosing your data.

Your data will not be transferred to a third country.

7. Cookies

Cookies are small text files that the website stores on your computer to recognize it; these may contain information about your use of the website. The information contained in the cookies is used to determine whether you are logged in or what data you have already entered. In most web browsers, cookies are accepted automatically. You can avoid this by changing your browser settings. You can delete cookies stored on your PC at any time by clearing your temporary internet files.

Some cookies are strictly necessary for the function of the website (essential cookies), others record visitor visits and origin and measure this data without linking the cookies to your person (performance cookies). Certain cookies are used for marketing purposes (marketing cookies). Some cookies are only stored until you close the website (session cookies), while certain cookies are stored longer and can recognize you (persistent cookies).

Our website uses Borlabs Cookies. This is a technically necessary cookie to store your cookie consents. Borlabs Cookie does not process any personal data.

If personal data is processed by individual cookies or log files we use, the processing takes place pursuant to Art. 6 para. 1 lit. a GDPR in the case of given consent, or pursuant to Art. 6 para. 1 lit. f GDPR to safeguard our legitimate interests in the optimal functionality of the website and a user-friendly, effective experience as well as marketing purposes.

Through the cookie declaration when visiting the app for the first time, you can choose which cookies you allow. Marketing cookies require your consent. If you revoke consent or want to change your cookie settings, you can do so directly in your browser.

8. Google Analytics

We use the technology “Google Analytics” to generate statistics about visits to our website. This is a tracking tool for analyzing traffic on our website.

We obtain this service from Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.

For this tracking, Google sets cookies. Various information about your visit to our website is recorded, including browser type and version, operating system, previously visited websites, time, approximate location, visited pages, including your IP address. Google processes this data and provides us reports on certain aspects of user behavior. In this process, the information is transmitted to a Google server and stored there. This may occur on a server in the USA. However, due to the activation of IP anonymization on this website, your IP address is shortened by Google within the EU member states.

You can prevent the storage of cookies via the settings of your browser software; however, in this case, some functions of this website may not be fully usable. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

8. Social media plug-ins

Our website uses social media plug-ins. These are small buttons that allow you, as a user, to share content from our website without leaving it. The plug-ins come from third-party social media websites. Information about your internet activity, including on our website, may be logged and cookies set. Our website currently uses the following social media plug-ins: LinkedIn, Facebook, Instagram, YouTube.

By clicking the button of the respective provider on our website, you can communicate directly with them. Only if you click and activate the button does the plug-in provider receive information that you visited the corresponding page of our online offering. By activating it, personal data is transmitted to the respective plug-in provider and may be stored there (possibly in the USA). Further information and details about your rights and possible settings for the protection of your privacy can be found in the privacy policies of the respective providers.

10. Data Subject Rights

Under the GDPR, you as a data subject have the following rights regarding the processing of personal data:

10.1. Right of access

You have the right to request confirmation as to whether personal data is being processed; if this is the case, you have the right to access this personal data. This includes the following information:

• The purposes of the processing
• The categories of personal data
• The recipients or categories of recipients
• Where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine this period
• The existence of a right to rectification or erasure of the personal data or to restriction of processing by the controller, or a right to object to such processing
• The existence of a right to lodge a complaint with a supervisory authority
• All available information on the origin of the data
• The existence of automated decision-making, including profiling

10.2. Right to rectification

You have the right to request from the controller the correction of inaccurate and the completion of incomplete personal data.

10.3. Right to erasure

You have the right to request that the controller immediately erase personal data if one of the following grounds applies:

• The personal data is no longer necessary for the purposes for which it was collected
• You withdraw consent on which the processing is based and there is no other legal basis for processing
• You object to processing (Art. 21 para. 1 GDPR) and there are no overriding legitimate grounds for processing, or you object under Art. 21 para. 2 GDPR
• The personal data has been unlawfully processed
• The deletion of personal data is necessary to fulfill a legal obligation
• The personal data has been collected in relation to offered information society services under Article 8 para. 1

The right to erasure does not exist if processing is necessary:

• For exercising the right of freedom of expression and information
• For compliance with a legal obligation
• For the performance of a task carried out in the public interest
• For reasons of public interest in the area of public health
• For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes
• For the establishment, exercise, or defense of legal claims

10.4. Right to restriction of processing

You have the right to request restriction of processing if one of the following applies:

• The accuracy of the personal data is contested for a period allowing the controller to verify its accuracy
• The processing is unlawful and you oppose the erasure and request restriction instead
• The controller no longer needs the personal data, but you require it for the establishment, exercise, or defense of legal claims
• You have objected to processing under Art. 21 para. 1, as long as it is not yet clear whether the controller’s legitimate grounds prevail

If processing is restricted, personal data may only be processed—except for storage—with your consent or for the assertion, exercise, or defense of legal claims, to protect the rights of another natural or legal person, or for important public interest reasons.

10.5. Right to data portability

You have the right to receive personal data you provided to a controller in a structured, commonly used, and machine-readable format and have the right to transmit this data to another controller without hindrance, provided the processing is based on consent or a contract and is carried out using automated means.

When exercising the right to data portability, you have the right to request that personal data be transmitted directly from one controller to another where technically feasible.

10.6. Right to object

You have the right to object at any time for reasons arising from your particular situation to the processing of personal data based on Art. 6 para. 1 lit. e or f; this also applies to profiling based on these provisions. The controller will no longer process personal data unless they can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

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

10.7. Right to withdraw consent

You have the right to withdraw consent at any time pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a, without affecting the lawfulness of processing based on consent before its withdrawal.

10.8. Right to lodge a complaint

You have the right to lodge a complaint with the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, T.: 00431521522569, E.: [email protected], if you believe that the processing of personal data violates applicable data protection law.

10.9. Data security

The protection of your personal data is ensured through appropriate organizational and technical measures. These measures particularly concern protection against unauthorized, unlawful, or accidental access, loss, processing, use, and manipulation.

11. Our contact details

We are available at the contact details below at any time for your questions or withdrawal:

BlackHorizon Immobilien GmbH, Sportplatzweg 15, 6336 Langkampfen, Austria

12. Information on Online Dispute

Resolution according to Art. 14 para. 1 ODR Regulation

The EU Commission provides the possibility of online dispute resolution on a platform operated by it (so-called “ODR platform”). The ODR platform can serve as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts. This platform can be accessed via the external link: http://ec.europa.eu/consumers/odr