We, i.e., the company PATRIZIA GrundInvest Kapitalverwaltungsgesellschaft mbH ("PATRIZIA" or "we") and the respective Investment Company managed by PATRIZIA take data protection seriously and would hereby like to inform you on how we process your personal data and which claims and rights you are entitled to on the basis of the provisions of data protection law.
This data protection information pertains to the processing of your personal data in the context of our business relationship with you as the contact partner of our customers, suppliers, business partners or distribution partners as well as in the context of the use of our website https://www.patrizia-immobilienfonds.de and the areas subject to registration including the fund portal, which can be accessed from our website or directly under https://fondsportal.patrizia.ag/patrizia/wi/anmelden?0.
To you as an investor, the data protection information for investors, which you can view under https://www.patrizia-immobilienfonds.de/datenschutz applies in addition.
Personal data in the sense of this data protection information means any and all information related to you personally. Relevant personal data include, in particular, your IP address, your personal data (e.g., name, address, contact data, date of birth), your tax data (e.g., tax number, tax identification number, tax office of residence) and your accounting data (e.g., bank data).
You can access a current version of the data protection information at any time under https://www. patrizia-immobilienfonds.de/datenschutz.
2.1. The Controller in the sense of data protection law is:
PATRIZIA GrundInvest Kapitalverwaltungsgesellschaft mbH, Fuggerstraße 26, D-86150 Augsburg
and as far as data relating to an interest in an Investment Company or a contract with an Investment Company is concerned:
PATRIZIA Grundinvest Kapitalverwaltungsgesellschaft mbH, Fuggerstraße 26, 86150 Augsburg, Germany, in its function as the Investment Company's capital management company and as limited partner in trust together with the Investment Company at the same address.
We and the Investment Company have agreed that we will assume the fulfillment of all information duties and will be available as your contact for all data protection issues and the assertion of your rights.
In exceptional cases, a "joint responsibility" with other third parties may exist as well. At this time, this is limited to individual constellations in property and facility management area.
2.2. Contact data of the PATRIZIA data protection officer:
HEC Harald Eul Consulting GmbH
Data Protection Officer for Patrizia
Auf der Höhe 34
In case of any queries or comments regarding data protection, you may also contact us by e-mail at firstname.lastname@example.org using the subject "Data protection."
We process personal data in accordance with the provisions of the General Data Protection Regulation ("GDPR"), the New German Federal Data Protection Act ("BDSG-New") as well as other applicable data protection regulations. The details of what specific data is processed and the manner in which it is used depend primarily on the respective services requested or agreed. Further details and supplemental information on the purposes of data processing can be found in the respective contractual documents, forms, declarations of consent and/or other information provided to you (for example, in the context of the use of our website or our general terms and conditions). Furthermore, this data protection information may be updated from time to time. You can access a current version of the data protection information at any time under https://www.patrizia-immobilienfonds.de/datenschutz.
3.1. General purposes
3.1.1. Purposes for the fulfillment of a contract or pre-contractual measures (Art. 6 (1b) GDPR)
In order to perform our contracts with you and to implement your orders, as well as for the execution of measures and activities in the context of pre-contractual relationships, e.g., with potential customers, your personal data is processed on the legal basis of Art. 6 (1b) GDPR. In particular, the processing thus serves to facilitate the performance of services in accordance with your orders and wishes and encompasses the services, measures and activities required for this. This essentially includes the contractual communication with you, all business activities focusing on and relating to real estate (in particular acquisition, sale, brokerage, leasing and management) and real estate investments (funds and direct investments), orders and other agreements as well as goodwill procedures, billing and the fiscal valuation of operational performance.
3.1.2. Purposes in the context of our legitimate interests or those of third parties (Art. 6 (1f) GDPR)
Beyond the actual fulfillment of the contract/preliminary contract, we may process your data, if necessary, on the legal basis of Art. 6 (1f) GDPR in order to protect our legitimate interests or those of third parties, particularly for the following purposes:
Our legitimate interests and/or the legitimate interests of third parties are, in particular, business interests and economic interests as well as security interests.
3.1.3. Purposes for the fulfillment of statutory requirements (Art. 6 (1c) GDPR) or in the public interest (Art. 6 (1e) GDPR)
We and the Investment Company are subject to a number of legal obligations. Primarily these are statutory requirements (e.g., commercial and tax laws) but also regulatory or other official requirements (e.g., German Investment Code). We therefore process your relevant personal data, in particular, to report your self-disclosure pursuant to the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS) or to verify identification pursuant to the Act on the Tracing of Profits from Serious Criminal Activities (GWG).
If other investors are entitled to receive information about co-investors, we or the Investment Company may be required by court order to provide such investors with relevant information, possibly including personal data.
In addition, the disclosure of personal data may be necessary in the context of official/judicial measures for purposes of evidence collection, criminal prosecution or the enforcement of civil claims.
3.1.4. Purposes in the context of your consent (Art. 6 (1a) GDPR)
Your personal data may also be processed for certain purposes based on your consent. If we or the Investment Company process data on the basis of consent, we will notify you separately. You may revoke your consent at any time. Any revocation of consent is effective for the future only. Instances of processing which took place before the revocation are not affected by the revocation and remain legitimate.
3.1.5. Further purposes and changes to purposes
If, in addition to the already existing purposes, other purposes for the use of data arise, we will check if such further purposes are compatible and consistent with the original purposes for collection. If this is not the case, we will notify you about such change of purpose. If there is no other legal basis for the further use of data, we or the Investment Company will not use your personal data without your consent.
3.2. General information about the website
3.2.1. Log files
Each time our website is accessed, our web hosting service provider collects data and information on our behalf with an automated system. These are stored in the server's log files, i.e. files in which processes that run in a computer or network system are recorded.
The following data is collected for this purpose:
websites that are accessed by your system via our website.
We only store pseudonymized IP addresses. This is done on the web server level by storing, by default, an IP address 123.123.123.XXX in the log file instead of your actual IP address, for example 220.127.116.11, with XXX being a random value between 1 and 254. It is no longer possible to make personal references. The log file data is furthermore always stored separately from other personal data.
This data is processed to deliver the content of our website, ensure that the website is operational and optimize our website.
This processing of your aforementioned data is necessary to safeguard our legitimate interests and is justified by a weighing of interests in our favor. We have a legitimate interest in ensuring that the websites and the services offered there are technically operational. Your legitimate interest that the aforementioned data is not used for this purpose does not prevail over this legitimate interest because we use your IP address in pseudonymized form, and you also benefit from the functionality of the websites.
Your personal data will be deleted at the latest after 14 days unless we are legally required to retain your data or its retention is permitted on the basis of a legal justification.
As soon as you access our website, you will be asked to indicate whether you are visiting our website as "an interested party or private investor," as "a semi-professional investor" or as "a distribution partner." To be able to display to you content that matches your selection, we use a permanent cookie so that we can recognize you again even after your visit. This information is then stored on your hard drive in the form of a text file. The cookie data is automatically deleted after six months at the latest.
The data collected in this manner is exclusively collected and processed for the display of the correct page that corresponds to your selection. This processing of your data is necessary to safeguard our legitimate interests and is justified by a weighing of interests in our favor. We have a legitimate interest in showing you information on our website that is suitable for you. Your legitimate interest that your aforementioned data is not used for this purpose does not prevail over our interest because it is also in your interest that we show you offers that match your needs.
3.2.3. Use of Google Analytics
This website uses Google Analytics, a web analysis service offered by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") to analyze and regularly improve the use of this website. The statistics that are obtained allow us to improve our product range and make it more interesting for use as the user. For the exceptional cases in which personal data is transmitted to the United States, Google has submitted itself to the EU-US Privacy Shield.
The legal basis for the use of Google Analytics on the basis of our legitimate interest (in the analysis, optimization and the economic operation of our website) is Art. 6 (1f) GDPR.
Google Analytics uses so-called "cookies," which are text files that are stored on your computer that facilitate an analysis of your use of the website. The information generated by the cookies about the use of this website is generally transmitted to a Google server in the United States and stored there.
By activating the IP anonymization on this website, Google first truncates your IP address within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and truncated there. Google will use this information on behalf of the operator of this website to analyze your use of the website, to generate reports about the website activities and to provide other services for the website operator that are associated with the website use and Internet use.
The IP address transmitted by your browser in the context of Google Analytics is not combined with other Google data.
You can prevent the cookies from being stored by changing the settings of your browser software. Please note, however, that in this case you may not be able to fully use all the functions of this software. Furthermore, you may prevent the transmission of the data generated by the cookies and related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link. Browser-Plugin
The personal and/or pseudonymous data is deleted or anonymized after 14 months.
For more details and information, please refer to Google's data protection information under https://support.google.com/analytics/answer/6004245?hl=de or http://www.google.com/intl/de/policies/privacy, as well as in the settings for the display of the Google advertisements underhttps://adssettings.google.com/authenticated.
3.2.4. Google DoubleClick
We use the services of Google DoubleClick or Google AdWords to display or distribute online advertising. These services are made available by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google DoubleClick makes it possible to detect your visit to our website, which means that you may also receive online advertisements for our product range on other websites. You can find an option to opt out underhttps://adssettings.google.de.
3.2.5. Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags with a user interface (and to thus incorporate, for example, Google Analytics as well as other Google marketing services in our online product range). The Tag Manager itself (which implements the tags) does not process any personal user data. With regard to the processing of personal data, users are asked to refer to the following information on Google services. Use policies: https://www.google.com/intl/de/tagmanager/use-policy.html.
3.3. Special website offers – public area
3.3.1. Contact form and contact via email
Our website includes contact forms as well as special email addresses that can be used to make electronic contact.
If you contact us by using one of these channels, the personal data provided by you is stored automatically. It is stored so we can process your inquiry.
This processing of your data is necessary to safeguard our legitimate interests and is justified by a weighing of interests in our favor. We have a legitimate interest in providing you with a platform that makes it easy to contact us and communicate with us. Your legitimate interest that your aforementioned data is not used for this purpose does not prevail over our interest because it is also in your interest that we process your contact request and respond to it.
Your personal data is automatically deleted six months after your contact request was processed provided there is no justification (such as a developing or existing customer relationship) or statutory retention periods.
You can subscribe to a free and personalized newsletter on our website. The newsletter is sent to you by PATRIZIA and contains information about new PATRIZIA funds and events.
When you subscribe to the newsletter, the data obtained from the input form (name, email address) is provided to us. In addition, the following data is collected as part of the subscription process:
IP address of the calling computer
Date and time of registration
Your email address is collected so that the newsletter can be mailed to you. Your name is collected so that the newsletter can be personalized.
In order to process the data needed to send the newsletter, your consent is obtained within the context of the subscription process and this data protection information is referenced. Your respective consent forms the legal basis for this processing of your personal data.
You have the right to revoke the consent at any time with effect for the future. This does not affect the legality of the processing that was carried out on the basis of the consent.
3.3.3. Finding a distribution partner
On our website, we offer investors (private investors and (semi)-professional investors) the opportunity to request that we find a competent financial consultant for you. To this purpose, there is a "Find a distribution partner" contact form.
If you use this opportunity, the personal data provided by you will automatically be stored and processed to find and communicate a corresponding financial consultant to you.
This processing of your data is necessary to safeguard our legitimate interests and is justified by a weighing of interests in our favor. Our economic interest to offer you a platform to help find a distribution partner is a legitimate interest in the processing of your data. Your legitimate interest that your aforementioned data is not used for this purpose does not prevail over our interest because it is also in your interest that we process your request and respond to it.
Your personal data is automatically deleted six months after your request was processed provided there is no justification (such as a developing or existing customer relationship) or statutory retention periods.
3.4. Special website offers – registered area
3.4.1. Investors (private investors and (semi)-professional investors) – eSigning and fund portal ("Fondsportal")
We provide you as an investor with the option to register with our fund portal and/or to log in with your already existing registration data. Your registration is processed on the basis of a weighing of interests. Our legitimate interest is an easier processing of your request, the facilitation of further communication and the management of the business relationship with you.
18.104.22.168. Fund portal - general services
If personal data is collected from you or processed in this connection, this is done on the basis of the fulfillment and execution of the contract between you and us and the investment company, i.e., your holding and the contract of use regarding the fund portal pursuant to Art. 6 (1b) GDPR.
If we provide you with personalized documents such as payout letters, invitations to the general partners meeting, or tax result announcements in the fund portal, we analyze whether you downloaded these documents. If you did not do so, we may contact you with a respective notification. This processing takes place on the basis of a weighing of interests. Our legitimate interest is our business interest, in particular to allow for a better planning of our business activity. Your legitimate interests do not prevail over this interest.
In addition to these services, you as an investor also have the option to provide an electronic signature (eSigning) on the fund portal.
The same information as the information for the signing of an accession agreement in written form applies to the processing of your personal data in connection with the eSigning with the additional processing described below.
The general data protection information on the processing of data in the context of eSigning in connection with the signing of an accession agreement can be found under https://www.patrizia-immobilienfonds.de/datenschutz.
Additional processing in the context of the eSigning
Particularly due to the Prevention of Money Laundering Act, we are required to verify the identity of investors. To this purpose, we offer you the VideoIdent and the PostIdent process.
VideoIdent and electronic signature process
We offer you the opportunity to use the VideoIdent and the electronic signature process.
To this purpose, we forward your data to our service providers, who work for us within the context of commissioned data processing agreements. This also includes special personal data that can be obtained from your identification (your biometric photo).
This processing of your personal data within the context of the VideoIdent process, in particular your identification, is only performed with your consent.
As part of the VideoIdent process, the identification interview will be recorded in accordance with the legal requirements. Within the context of the declaration of consent, you agree in this context that our service provider will take photos of you and the entire front and back of a corresponding identification, make an audio recording of the phone conversation held to determine the video identification and that these will be stored by us in accordance with the legal requirements. This declaration of consent is recorded in writing. A permanent recording of the video sequence as such is not performed in this context, even if the camera of your terminal is activated. The exact course of the verification process is described in detail in the respective general terms and conditions of the service provider.
Within the context of the electronic signature, your data will be transmitted to and processed by our service provider for the generation of a certificate. This is done on the basis of your consent.
If you opt for the PostIdent process, your data will be forwarded to our service provider Deutsche Post AG, who works for us within the context of a contractual data processing agreement. This service provider collects data from you on our behalf that is required for the personal identification pursuant to the German Money Laundering Act and forwards said data to us.
This data processing is performed on the basis of legal requirements pursuant to Art. 6 (1c) GDPR.
Assessment of appropriateness (in connection with mixed risk retail AIFs)
In the context of the eSigning, and in the event retail AIFs are involved, further data about your past investment behavior and your professional background is collected from you and processed in connection with the assessment of appropriateness. This data processing is performed on the basis of our statutory requirements pursuant to Art. 6 (1c) GDPR.
Assessment of suitability (in connection with non-mixed risk retail AIFs)
In the context of the eSigning in the event non-retail AIFs are involved, further data about your past investment behavior and your professional background is collected from you and processed in connection with the assessment of suitability. This data processing is performed on the basis of our statutory requirements pursuant to Art. 6 (1c) GDPR.
3.4.2. Distribution partner
As a distribution partner, you have the opportunity to register on our website if you have not yet received any access information. The data collected for this purpose is exclusively used for the purpose of your registration. The data is likewise used for the registration in the fund portal (so-called single sign-on).
The data collected for the registration will be deleted as soon as the registration on our website or the fund portal is canceled.
22.214.171.124. Contact form and contact via email
Distribution partners may also contact us electronically from the registered area (including the fund portal). For an explanation of the data processing performed in this context, please refer to the remarks under 3.3.1.
In addition, you may also subscribe to our personalized newsletter from the registered area. Regarding an explanation of the data processing performed in this context, please refer to the remarks made under 3.3.2. In addition to the content listed there, we also provide information to you about other important news pertaining to our existing funds.
126.96.36.199. How to order marketing materials
As a distribution partner, you may order marketing materials from us in the registered area. We exclusively process the data entered by you in this regard into the input form for the purpose of fulfilling your order. The data is forwarded to our service provider who processes the order.
This processing of your data is necessary to safeguard our legitimate interests and is justified by a weighing of interests in our favor. We have a legitimate interest in providing you with a platform that makes it easy to order marketing materials. Your legitimate interest that your aforementioned data is not used for this purpose does not prevail over our interest because it is also in your interest that we process your order.
After the respective fund is no longer available, your personal data will be deleted within six months at the latest, unless there is justification or statutory retention periods.
188.8.131.52. Fund portal ("Fondsportal")
Distribution partners have the opportunity to also access the fund portal for distribution partners with their registration data for the website. In the fund portal, distribution partners are able to manage and edit their master data (name, contact information, banking information, tax ID and access data). In addition, they can perform an eSigning for a client, or process any documents that may be missing in this regard.
This data is processed in order to execute our contracts with the distribution partners or the contracts between the Investment Company and the distribution partner (especially the master contract and the individual retail distribution agreements).
The legal basis for the data processing described above is the processing for the contract fulfillment and contract performance pursuant to Art. 6 (1b) GDPR.
You only need to provide data that is required for establishment and execution of a business relationship or a pre-contractual relationship with us or the Investment Company or which we or the Investment Company are legally required to collect. Without such data, we usually will not be able to conclude or execute a contract. This may also relate to data required subsequently within the framework of the business relationship. If we also request data from you, you will be notified separately about the voluntary nature of the information.
For the purposes set forth in Sec. 3, we will also pass on your data to other companies, organizations or government agencies. Within our group, certain companies are centrally entrusted with certain tasks (e.g., accounting, IT) and in this context also process certain personal data from you on our behalf.
In addition, we will also pass on your personal data to external companies. Recipients of your data within the scope of the data processing described above include, but are not limited to, IT service providers for the fund portal, secondary market platforms, external computer centers, support/maintenance of EDP/IT applications, compliance services, auditing companies, tax firms, custodians, credit institutions, companies, e.g., for data disposal, enveloping services etc.
We do not transmit any of your data to any third parties other than the above and the recipients specified in sec. 3. If we hire service providers in the context of contracted processing, your data will be subject to the same security standards there as with us. In other cases, the recipients are only permitted to use the data for the purposes for which it was shared with them.
We process and store your data for the duration of our business relationship or your business relationship with the Investment Company. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.
In addition, we and the Investment Company are subject to various retention and documentation obligations, including those arising from the German Commercial Code and the German Tax Code. The retention and documentation periods specified therein are up to ten years beyond the end of the business relationship or the pre-contractual legal relationship.
Moreover, a longer retention period may be necessary due to statute of limitations provisions, e.g., the preservation of evidence.
If the data is no longer required for the fulfillment of contractual or statutory obligations and rights, they will be deleted unless their further processing - for a limited period of time - is necessary for the fulfillment of the purposes listed under sec. 3 for a predominantly legitimate interest or is permitted on the basis of consent. An overriding legitimate interest of this type also exists, for example, if deletion is impossible or only possible with disproportionate effort due to the type of storage and processing and if processing for other purposes has been made impossible by means of appropriate technical and organizational measures.
Data is only shared with parties in countries outside the European Union (EU) / the European Economic Area (EEA) ("third countries") when this is necessary for the execution of an order/contract from/with you, when required by law (e.g., reporting obligations under tax law), when this falls within the scope of a legitimate interest of us or a third party or when you have given us your consent.
In this context, processing of your data in a third country may also take place in connection with the engagement of service providers, for example, in the context of contracted processing. If there is no European Commission resolution on the existence of an appropriate level of data protection for the country in question, we will ensure that your rights and freedoms are appropriately protected and guaranteed by means of corresponding suitable or appropriate guarantees (such as contracts) in accordance with EU data protection provisions. We will provide the corresponding detailed information (including copies) to you upon request.
In accordance with the statutory provisions, you may assert the following rights against us:
To exercise these rights, you can contact us using any of the contact details listed in sec. 2.
Information about your right to object Art. 21 GDPR
You have the right at any time to object to the processing of your data based on Art. 6 (1f) GDPR (data processing on the basis of a weighing of interests) or Art. 6 (1e) GDPR (data processing in the public interest) if there are relevant reasons resulting from your particular situation. This also applies to profiling based on this provision within the meaning of Art. 4 no. 4 GDPR.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms or if the processing serves the purpose of assertion, exercise or defense of legal claims.
We also process your personal data for the purpose of direct marketing. If you do not wish to receive advertising, including profiling, you have the right to object at any time to the extent that it is related to such direct marketing. We will heed this objection with effect for the future.
Such objection does not require any specific form and, if possible, should be addressed to:PATRIZIA GrundInvest
You are entitled to the aforementioned rights even if we process the personal data in the context of the joint responsibility with a third party pursuant to Art. 26 GDPR. This is currently limited to individual constellations in property and facility management area. To the extent that you interact with a property or facility manager commissioned by us and we have concluded with said manager a contract on joint responsibility, it is agreed that the parties must meet their obligations under data protection law in accordance with the respective responsibilities for the individual process steps. It has been agreed that the property/facility manager is available as the main point of contact for the rights you are entitled to pursuant to the GDPR. Due to the contractual agreements concluded in these cases, the contracting parties will support each other to comprehensively guarantee your data protection rights.