Thank you very much for your interest in our company. Data protection is a top priority for the executive management of DEMA Deutsche Mikroapartment AG. In principle, the DEMA Deutsche Mikroapartment AG website can be used without the need to enter any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned (= data subject).
As the party responsible for processing personal data (i.e. the “controller”), DEMA Deutsche Mikroapartment AG has implemented numerous technical and organizational measures to ensure that personal data processed via this website is protected as completely as possible. Nevertheless, as Internet-based data transmission can, in principle, be subject to security vulnerabilities, absolute protection cannot be guaranteed. Every data subject is therefore free to transmit personal data to us by alternative means, such as by telephone.
- Personal data
Personal data means any information relating to an identified or identifiable natural person (called the “data subject” in this Policy). 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.
- Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
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.
- Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
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.
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.
Controller means the natural or legal person, public authority, agency or any 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.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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 are not regarded as recipients.
- 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.
Consent 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 within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
DEMA Deutsche Mikroapartment AG
Tilsiter Straße 9
Phone: +49 (0) 6109 96893-10
Fax: +49 (0) 6109 96893-11
Using cookies allows DEMA Deutsche Mikroapartment AG
to offer users of this website more user-friendly services that would not be possible without the setting of cookies.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the web browser and thus permanently object to the setting of cookies. Cookies that have already been set can also be deleted at any time via a web browser or other software. This can be done with all common web browsers. If the data subject disables the setting of cookies in the web browser, not all functions of our website may be fully usable under certain circumstances.
4. Collection of general data and information
The website of DEMA Deutsche Mikroapartment AG collects a series of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The data and information recorded may include the (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-sites which to which an accessing system navigates on our website, (5) the date and time of accessing the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
DEMA Deutsche Mikroapartment AG does not draw any conclusions about the data subject when using this general data and information. Rather, this information is needed (1) to correctly deliver the content of our website, (2) to optimise the content and advertising of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary to enforce the law in the event of a cyberattack. DEMA Deutsche Mikroapartment AG therefore analyses these data and this information collected anonymously both statistically and with the aim of improving data protection and data security in our company in order to ultimately ensure a maximum level of protection for the personal data we process. The anonymous data contained in the server log files are stored separately from all personal data provided by a data subject.
5. Contact options via the website
Due to legal regulations, the website of DEMA Deutsche Mikroapartment AG contains information that enables users to contact our company quickly by electronic means and to contact us directly. This information also includes a general e-mail address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or of contacting the data subject. These personal data will not be disclosed to third parties.
6. Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for the time necessary to achieve the purpose of storage or if provided for by the European regulator or other regulators in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European regulator or another competent legislator expires, the personal data shall be blocked or erased routinely and in accordance with statutory provisions.
7. Rights of the data subject
- Right to confirmation
The European regulator has granted data subjects the right to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
- Right to access
The European regulator has granted any data subject the right to obtain at any time, free of charge, from the controller, information about personal data stored concerning her or him and a copy of that information. The European legislator has further granted the data subject the right to obtain the following information: The data subject also has the right to obtain information on whether personal data have been transferred to a non-EU country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right to obtain information, he or she may at any time contact an employee of the controller.
- 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 personal data have not been obtained from the data subject, all available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) 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.
- Right to rectification
The European regulator has granted any data subject the right to immediate rectification of any inaccurate personal data concerning her or him. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may at any time contact an employee of the controller.
- Right to erasure (right to be forgotten)
The European regulator has granted any data subject the right to obtain from the controller the erasure of the personal data concerning her or him without undue delay, and the controller has the obligation to erase such data without undue delay where one of the following grounds applies and processing is not necessary: If one of the above reasons applies and a data subject wishes to have personal data stored at DEMA Deutsche Mikroapartment AG erased, he or she may at any time contact an employee of the controller. The employee of DEMA Deutsche Mikroapartment AG will take appropriate action to ensure immediate compliance with the request for erasure.
Where the personal data have been made public by Deutsche Mikroapartment, and our company in its capacity as the controller is obliged pursuant to Art. 17 (1) GDPR to erase the personal data, Deutsche Mikroapartment, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copy or replication of, those personal data to the extent that processing is not necessary. The employee of DEMA Deutsche Mikroapartment AG will take appropriate action on a case-by-case basis.
- The personal data has been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws consent on which the processing is based according to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR, and there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data has 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) GDPR.
- Right to restriction of processing
The European regulator has granted any data subject the right to obtain from the controller restriction of processing where one of the following applies: If one of the above applies and a data subject wishes to have the processing of personal data stored at DEMA Deutsche Mikroapartment AG restricted, he or she may at any time contact an employee of the controller. The employee of DEMA Deutsche Mikroapartment AG will take appropriate action to restrict processing.
- 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 Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Right to data portability
The European regulator has granted any data subject the right 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. It 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 Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b) GDPR and the processing is carried out by automated means, unless processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The data subject also has the right in exercising his or her right to data portability pursuant to Art. 20 (1) GDPR, to have the personal data transmitted directly from one controller to another where technically feasible, unless such transfer adversely affect the rights and freedoms of others.
In order to assert the right to data transferability, the data subject may at any time contact an employee of DEMA Deutsche Mikroapartment AG.
- Right to object
The European regulator has granted any data subject the right 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 Art. 6 (1) e) or f) GDPR, including profiling based on those provisions.
In case of an objection, Deutsche Mikroapartment AG will no longer process the personal data unless the controller demonstrates 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 Deutsche Mikroapartment AG processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to Deutsche Mikroapartment AG with regard to processing for direct marketing purposes, Deutsche Mikroapartment AG will no longer process the personal data for such purposes.
Where personal data are processed by Deutsche Mikroapartment AG for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1), the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may at any time contact an employee of DEMA Deutsche Mikroapartment AG or any other employee. In the context of the use of information society services, and notwithstanding Directive2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- Automated individual decision-making, including profiling
The European regulator has granted any data subject the right 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, unless the decision (1) is 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, Deutsche Mikroapartment AG 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 the data subject wishes to assert rights concerning automated decision-making, he or she may at any time contact an employee of the controller.
- Right to withdraw consent given under data protection law
The European regulator has granted any data subject the right to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to assert his or her right concerning withdrawal of consent, he or she may at any time contact an employee of the controller.
8. Legal basis for processing
Art. 6 I a) GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I b) GDPR. This also applies to processing operations required for steps prior to entering into a contract, for example in case of inquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I c) GDPR. In rare cases the processing of personal data might become necessary in order to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor to our premises was injured and her or his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In this case, processing would be based on Art. 6 I d) GDPR. Finally, processing operations might be based on Art. 6 I f) GDPR. This is the legal basis for processing operations not covered by any of the legal bases mentioned above, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, unless the data subject’s interests, fundamental rights and freedoms override said legitimate interests. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the European legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 GDPR).
9. Legitimate interests in processing pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I f) GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
10. Period for which the personal data are stored
The criterion for the period for which the personal data are stored is the respective legal retention period. After expiry of this period, the respective data are routinely erased unless they are necessary to fulfil or obtain a contract.
11. Legal or contractual provisions governing the provision of personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We inform you that the provision of personal data may be required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be entered into that a data subject makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with him or her. Failure to provide personal data would mean that the contract could with the data subject not be entered into. Before the data subject provides personal data, the data subject needs to contact one of our employees. Our employee informs the data subject on a case-by-case basis whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, whether the data subject is obliged to provide the personal data, and what the possible consequences of not providing such data would be.
12. Existence of automated decision-making
As a responsible company, we refrain from automatic decision-making or profiling.