Information on data protection in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR) for tenants of real estate held by Institutional Investment Partners S.à.r.l. acting on behalf of investment funds managed by it and their related property companies managed by it.
With the following overview, we inform you about how we process your personal data and what rights you have in this regard under the data protection regulations. In this document, we stand for Institutional Investment Partners S.à.r.l. (hereinafter “2IP”), acting on behalf of the investment funds managed by us as landlord or (indirect) owner of the property on the basis of which the relevant processing of your data takes place (hereinafter “property”).
Personal data are all data that can be related to you personally, e.g. name, address, e-mail address, but also your tax data and account data or the corresponding data of the persons who act on your behalf, Article 4 No.1 GDPR.
We receive this personal data directly from you or from the asset managers, property/facility managers or other service providers. We process the data in the context of our function as landlord or beneficial owner of the property and as capital management company of the above-mentioned investment funds.
1. Name and contact details of the person responsible and contact details of the data protection officer
The person responsible for processing the personal data collected by us or forwarded to us within the scope of renting the property is, pursuant to Art. 4 (7) GDPR:
Institutional Investment-Partners S.à.r.l.
acting on behalf of the investment funds it manages
The data protection officer is:
Phone: +49(221)27 14 18 74
Up-to-date information on data protection is always available at http://www.2ip.de/datenschutzerklaerung/.
2. Type of data collected, purposes and legal basis for processing your personal data
Your personal data will be processed by us in accordance with applicable data protection law, in particular the GDPR and national data protection regulations for the following purposes:
- Fulfillment of a contract or performance of pre-contractual measures (Art. 6 para. 1 b) GDPR):
We process your personal data in connection with the (partial) rental of the property to you. When renting the property, we act economically for the account of the respective investment fund in which institutional investors have an economic interest. Our processing activities serve to prepare, execute and fulfill the rental agreements between you and us (we act for the account of the investment fund). In doing so, we process the following of your personal data:
- Data relating to your person and/or persons acting on your behalf (first name and surname, date of birth, place and country of birth, nationality, marital status and profession);
- if necessary, Identity card/passport data;
- Contact details (previous residential/business address, e-mail address, telephone number);
- Consumption data and operating costs;
- bank account data;
- Data from the rental agreement;
- Correspondence during the tenancy.
The data processing serves the preparation, implementation, fulfillment and termination of your rental agreement. Without the data transfer to and processing by us, this could not be provided by us as the landlord and (indirect) owner. Usually, we do not collect the personal data from you, but they are transmitted to us by the property manager or the asset manager. However, it may also come to a collection of data directly from you or to a forwarding by the administrator (property/facility manager) or other service providers commissioned in the context of the tenancy, which process your personal data as also responsible parties pursuant to Art. 4 No. 7 GDPR. If necessary for the above-mentioned purposes, we collect personal data from third parties (e.g. credit agencies, if rents are not paid or letters cannot be delivered) or from publicly accessible sources (e.g. commercial and population registers).
- Fulfillment of a legal obligation (Art. 6 para. 1 c) GDPR):
If necessary, we process your personal data in particular for notifications to building authorities, other registration authorities, supervisory authorities and for other purposes required by supervisory law. This also includes, in particular (if necessary), identification for money laundering purposes in accordance with our internal guidelines and legal requirements. In addition, we may be required to disclose your relevant personal data pursuant to a court order (e.g., pursuant to a judicially enforced right to information) or a regulatory order, or we may be required to disclose personal data as part of regulatory or judicial actions for purposes of gathering evidence, prosecution, or enforcement of civil claims (e.g., in court or with a public prosecutor). In addition, we are obliged to have the property evaluated on a regular basis. In this context, only anonymized information is transmitted to the respective valuation company.
- Pursuit of legitimate interests (Art. 6 para. 1 f) GDPR):
If necessary, we also collect creditworthiness data from our tenants in order to reduce the risk of loss of rent. This is our legitimate interest, which is why the processing of this data is permitted under Art. 6 (1) f) GDPR after appropriate consideration of your interests’ worthy of protection.
Furthermore, the beneficial owners of the fund or the property companies have an interest in information related to the rent (such as data from the rental agreement, consumption data and operating costs) of the property(ies). However, we only provide this information in an anonymized form.
Finally, the transfer of certain personal data to the respective valuation company (property valuation by an external valuation company) may be necessary.
3. Processing of special categories of personal data
If necessary, the data controller may process the biometric data contained on your identification documents (photo), a copy of which may have been sent to us.
The processing of your data is necessary on the basis of our obligations under money laundering law, because we are legally obliged to do so (Art. 6(1)(c), Art. 9(2)(g) GDPR in conjunction with national money laundering regulations).
4. Recipients of personal data
Except in the cases listed in section 2, recipients of your data within our company are employees who process your data for the above-mentioned purposes according to a graduated authorization concept.
In addition, service providers such as IT service providers, may receive your personal data in the course of a service provider function. All of our service providers process data exclusively within the European Union (EU) or the European Economic Area (EEA) and are contractually obliged to take appropriate technical and organizational measures to ensure data protection and to maintain the confidentiality of personal data.
We will disclose your personal data to affiliated companies that support our activities, as well as to government agencies, for the purposes set out in section 2 and only if we are legally permitted to do so. In addition, we will disclose your personal data to third parties within the scope of our processing, in particular to IT service providers, external data centers, custodians, auditors, tax advisors, lawyers and financing banks.
A transfer of your personal data to a country outside the EU or the EEA (so-called third country, e.g. to the USA) will generally only take place insofar as the transfer is necessary for the fulfillment of the contracts concluded with you or is necessary due to important reasons of public interest (for example, for the fulfillment of fiscal notification requirements).
5. Duration of data retention
We store your personal data for the duration of the rent. After termination of the rent and fulfillment of all obligations arising from the rental agreement, your personal data will be deleted, unless its further storage is necessary to comply with commercial, tax or regulatory retention obligations under European and national laws and national regulations. In addition, we may continue to store your data if this is necessary to preserve evidence under the statute of limitations.
The retention periods under commercial and tax law are up to ten years after complete termination of the contractual relationship. In addition, the storage period is also assessed according to the statutory limitation periods, which in Germany, for example, are often three (3) years from the end of a calendar year, but in certain cases can be up to thirty years. After expiration of the respective storage period, your personal data will be deleted.
6. Obligation to provide; possible consequences of non-provision
There is no general obligation to provide us with personal data. However, the provision of personal data is in some cases required by law or contract (see section 2 above). If you refuse the processing of your data that we need for the fulfillment of the agreement or because of a legal order, possibly the agreement cannot be concluded in the intended manner or can be terminated.
7. Rights of the data subjects
You have the right to object at any time, on reasons relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) sentence 1 f) GDPR. The objection can be made without any formalities. You can also assert the following rights against us:
- Right of information (Art. 15 GDPR);
- Right of rectification or erasure (Art. 16 and 17 GDPR);
- Right of restriction of processing (Art. 18 GDPR);
- Right of data transfer (Art. 20 GDPR);
- Right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR).
If possible, please contact us first to assert your rights:
Institutional Investment Partners S.à r.l.
The date shown in the footer indicates the date of the last revision. ln the event of a material change, we will provide you with the latest version of the data protection notice separately by mail or e-mail. The latest version can also be requested from us at any time.