Data Protection Declaration

1. Preamble

About us:

GVA real-consult Immobilientreuhand GmbH, A-1060 Vienna, Theobaldgasse 19

Tel.: +43 1 907 6969-10; office@gvareal-consult.at
No data protection officer has been appointed as the appointment is not required by law.

The purpose of this privacy notice is to inform you on the main aspects of data processing in the context of our activities as real estate advisors and property managers.

2. Purpose of our activities

We execute the following data processing activities which are important for you as a customer, prospective client, contractor, supplier, subscriber to our newsletter, or visitor to our website.

2.1 Property agency (procurement of properties (acquisition, lease) and related activities)

2.2 Real estate administration (property management on behalf of the respective owners, e. g. within the law of commonhold)

2.3 Administration of suppliers and contractors(with regard to purchasing and also back office)

2.4 Contact form on our website(for response to queries)

2.5 Marketing(information for clients, prospective clients, and client acquisition)

2.6 Newsletter(for customer care and information for existing clients)

2.7 Website tracking and cookies(improvement of our web website and guarantee of data security)

3. Recipients

In connection with our data processing activities we transfer data to the following categories of recipients, who have been mandated by us or where the transfer is necessary for the fulfilment of contractual or legal obligations.

We only record and process the personal data conveyed to us within the frame of the respective contract (brokerage contract, property management agreement). Any transfer of data will involve only a minimum of information which pertains to the contractual process, is required by law or of legitimate interest to any third party involved.

Potential recipients are for instance:

  • Third parties involved in the transaction such as the relevant specialist departments in the company or companies within the Corporate Group, private offices or official authorities entitled to publish information relating to the contractual object or which require such information (e. g. chimney sweepers), financiers, insurance companies, tax offices or other such authorities, tax advisors and lawyers (in the case of the enforcement of rights or defence against claims or in the context of official directives);
  • External providers of support and maintenance of our internal IT infrastructure (software, hardware);
  • Professionals and service providers contracted by us (e. g. for contact in case of damage repair);
  • Real estate agents, prospective purchasers, investors (legitimate interest regarding the sale of a property);
  • Owner/property manager in case of termination or handover of management agendas;
  • Co-owners of the property (accounting, decision-making processes);

There is no intention to transfer any data to international organisations or recipients in third countries. Should the necessity arise to transfer any data to third countries, this will be done on basis the of sufficient guarantees e. g. standard privacy clauses or in accordance with an adequacy decision of the European Commission.

4. Intended use, storing time, obligatory provision of data

4.1 Property agency (procurement of properties (acquisition, lease) and related activities)
We receive your data as one who is interested in our activities, a client or a vendor. You approach us for contract initiation (e. g. following an advertisement or via a portal) or we conclude a contract with you (e. g. vendor: mandate to sell; prospective customer: mandate to find a property). These data are necessary to fulfil the contract and will be processed additionally in order to fulfil legal obligations (e. g. required periods of safekeeping for taxation or warranty purposes and for liability for damages).

We keep this information during the duration of our business relationship and for a further minimum of seven years after termination of this, especially to fulfil tax retention periods, and for as long as warranty agreements and compensatory claims for damages require for the processing of these data (max. 30 years), whereby such data are safeguarded in an archive with separate access regulations.

You are not obliged to provide any data; but without your data we will not be able to render our services.

4.2 Real estate management (management of properties for owners e. g. in the framework of commonhold property laws)
We receive data from an owner leasing out his property or from a property management company that previously had the property under administration, as well as in connection with new contracts for the property from third parties (e. g. real estate agents). If we do not receive the data from you personally (as tenant, user, etc.), we will inform you about the processing of data separately, on conclusion of the contract or thereafter, by means of a fact sheet. If you provide us with the data yourself, you may access this information on our website or we will be happy to mail them to you on request.

We store this information during the whole duration of our contractual relationship and for a further minimum of further seven years after termination, especially to fulfil tax retention obligations, also for as long as warranty agreements and the liability for damages (max. 30 years) may require the processing of these data being. These are maintained in an archive with separate access regulations.

You are not obliged to provide any data; but without your data we will not be able to render our services.

4.3 Administration of suppliers and contractors (for executing our purchasing and back office functions)
We receive the data from you in the context of our relationship with you either as supplier or as external contractor. These data are required for the fulfilment of the contract and are processed in accordance with legal obligations (e. g. tax retention periods, warranty agreements and liability for damages).

We keep this information during the duration of our business relationship and for a further minimum of seven years after the end of each financial year in which the business transaction ended, especially to fulfil tax retention periods, and in addition, for as long as warranty agreements and the liability for damages (max. 30 years) require the processing of these data whereby these are maintained in an archive with separate access regulations.

You are not obliged to provide any data; but without your data we will not be able to render our services.

4.4 Marketing (information for clients and prospective customers and for the acquisition of customers)
Our marketing is intended to inform you as well as the public about our services and to provide you with general information. It is in our legitimate interest to demonstrate our performance and to inform you (by mail) and – with your consent – by e-mail. You have the right to object (see 5.4.) or to withdraw your consent (see 5.3.) at any time.

These data will be stored by us for a period of three years after the last contact.

You are not obliged to provide any data; but without your data we will not be able to send you any information.

4.5 Contact form on our website (for answering questions)
You can send us enquiries about our services or general enquiries using the form on our website; these data will be used to answer your question or for contract initiation.

These data will be stored for a period of twelve months; in the instance of a contract initiation they will be stored for the duration of the customer relationship and for a further seven years after the end of the financial year in which a fulfilled contract was terminated or after it becomes evident that no contract is ensuing. In order to fulfil tax retention obligations and for as long as warranty agreements and liability for damages (for the sale of immobile assets: thirty years), may require that the data be processed, these are maintained in an archive with separate access regulations.

You are not obliged to provide any data; but without your data we will not be able to respond to your enquiry.

4.6 Newsletter (customer acquisition and information for existing clients)
Within the context of existing customer relationships, in accordance with § 107 TKG (Austrian telecommunications law) – whereby, when collecting data, a separate notification is given of the possibility of objecting to the data processing – we would like to put at your disposal via e-mail details regarding similar products and services of interest. You are free at all times to refuse the use of data collected for this purpose (both its collection and its use). In this case, the processing of your data is based on the legitimate interest of client care and client acquisition and you are entitled to object to this processing (see 5.4.).

Amongst other things, you have the possibility to sign up for a newsletter (general newsletter/newsletter relating to your interests) via our website. We will process these data for the purpose of client information and acquisition of clients. You have the possibility to withdraw your consent (the legal basis for processing) at any time (see 5.3.).
These data will be stored for a period of three years, starting from the last contact.

You are not obliged to provide any data; but without your data we will not be able to send you any information.

4.7   Website-tracking
In order to improve our website and to put targeted information at your disposal as well as to guarantee the availability and capacity of our website and our IT-security (legitimate interest), we constantly analyse our website using a special tool.

Our website uses functions of Google Analytics, a website analysing service. Cookies serve to collect data for the analysis of the use of our website. The information thus obtained is rendered anonymous (only parts of the IP-address), transferred and stored on the provider’s server.

You can prevent this by resetting your browser to reject cookies.

There is a documented contract on data processing of orders. The provider is domiciled in the U.S.A. The data transfer to the web analysis provider is based on the Adequacy Decision “Privacy Shield” and the order processing agreement.

Data processing occurs on the basis of the consent of the user (browser setting and request on first contact) which can be revoked at any time (see 5.3.) and of legitimate interest (improvement of offer and web performance) with the right to object (see 5.4.).

Data will be stored by us for a period of twelve months.

4.8   Cookies
When you access our website, you will be asked whether you agree to the use of cookies. If you confirm this, our web site will use so-called cookies. They consist of small text files saved by your browser on your terminal. They do no harm. If you refuse confirmation, no cookies will be saved on your terminal.

Processing is based on your consent which you may revoke at any time by deleting cookies in your browser.
We use cookies to create a user-friendly web offer and to improve IT security. Some cookies will be stored on your terminal unless you delete them. Cookies enable us to recognise your browser on your next visit to our website.

In case you do not want this, you can adjust your browser in such a way that it will notify you about the setting of cookies and only permit this in individual cases. By deactivating cookies, the functionality of our website may be reduced.

5. Your rights as a data subject

  1. We do not compile profiles of clients or other persons and there is no automated decision-making in context with our activity.
  2. As the person affected you have a basic right to information, correction, deletion, restriction and data transferability within the framework of the valid legal provisions.
  3. If we have your consent to process your data, you have the right to revoke this consent at any time. For the revocation, please, contact us at the address given under 5.5. The legality to process your data until the revocation will not thereby be affected. After revocation, your data will no longer be used for the originally approved purpose (e. g. newsletter by e-mail).
  4. Insofar as the processing of your data is based on our legitimate interest, you have the right to object. In case of an objection, please, use the address given under 5.5. If you object to the processing of data for purposes of direct mailing, we will no longer use your personal data for this purpose. Personal data processed for other purposes on the basis of our legitimate interest will only be used in cases where our protection-worthy interest in processing has priority over your interests, rights and liberties or in cases where the processing is required for claims and exercising and defending our legal rights.
  5. For the exercise of your right, please, contact:

GVA real-consult Immobilientreuhand GmbH, A-1060 Vienna, Theobaldgasse 19
T. +43 1 907 6969-10; office@gvareal-consult.at

  • If you believe that the processing of your data contravenes the data protection rules or violates your data protection rights in any other way, you are free to make a complaint to the Austrian Data Protection Authorities