A. Introduction
Responsibility for the processing of personal data in accordance with this data protection statement lies (depending on which company of the Property One Group you contact) with Property One Partners AG, Seestrasse 455, CH-8038 Zurich, Property One Investors AG, Chamerstrasse 18, 6300 Zug, Property One Basel AG, St. Alban-Vorstadt 106, CH-4052 Basel and/or Property One Ticino SA, Via Bartolomeo Papio 8, 6612 Ascona (collectively and individually hereinafter referred to as “Property One”). The person responsible for data protection at Property One can be contacted at the above postal address, by e-mail at welcome@propertyone.ch or by telephone on +41 44 487 20 40.
B. Personal data and processing
Personal data is information relating to an identified or identifiable natural person, such as name, address, telephone number, e-mail address, date of birth, etc. (hereinafter referred to as “personal data“).
Any handling of personal data, regardless of the means and methods used, in particular the collection, acquisition, storage, use, processing, disclosure, archiving or deletion of data, is considered processing (hereinafter referred to as “processing“).
A processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller (hereinafter referred to as “processor“).
C. Purposes of processing
Property One processes the following personal data for the following purposes:
1. Website visitors
Type of personal data
IP address; see in particular paragraph G.3.4 regarding Google Analytics
Intended use
According to paragraph G below
2. Enquiry form and real estate search profile
Enquiry form
If you are interested in a particular real estate offering, you can send us an enquiry using a form
Real estate search profile
Users of our website can enter a real estate search profile by filling in a form. A real estate search profile allows you to inform us of your preferences regarding the real estate you are looking for
Type of personal data
First name; last name; gender; address; telephone number (mobile and landline); e-mail address
Intended use
Property One contacts you to find out whether there might be interest in Property One services in general or in a specific case
3. Newsletter recipients
Type of personal data
First name; last name; gender; address; telephone number (mobile); e-mail address
Intended use
Marketing or direct marketing purposes to inform you about publications, events, news, services, products and/or offers of Property One, other companies within the Property One Group or third parties that may be of interest; also see paragraph G.7
4. Clients and potential private clients
Type of personal data
First name; last name; gender; address; telephone number (mobile and landline); e-mail address; passport and/or ID copy; information from the tax return; criminal record certificate; information from court files (e.g. concerning divorce); debt collection register extract; account numbers; any further data transmitted to Property One in the course of the contractual relationship or the pre-contractual relationship or in the processing of which Property One has a legitimate interest
Intended use
Processing of the respective contractual relationship or the pre-contractual relationship concerning the subject matter of the contract (e.g. concerning the sale of real estate, the purchase of real estate, real estate investment, real estate development, real estate marketing, real estate project execution [construction project], investment management, real estate family office, etc.); credit assessment
5. Business partners and potential business partners
Type of personal data
First name; last name; gender; address; telephone number (mobile and landline); e-mail address; account numbers; any other data the processing of which is necessary in the context of a project or the handling of a contractual relationship with Property One or which is provided or made available to Property One by business partners, e.g. in the context of enquiries made, the discussion and review of project details; any other relevant data provided to Property One in the course of the contractual relationship or the pre-contractual relationship or in the processing of which Property One has a legitimate interest
Intended use
Planning, implementation and management of the (contractual) business relationship between Property One and the business partner, e.g. in order to involve the business partners in the provision of services to Property One’s clients and to process orders for products and services
6. Employees and potential employees
Type of personal data
First name; last name; gender; address; telephone number (mobile and landline); e-mail address; social insurance number; CV details; qualifications; payroll record number; any other relevant data provided to Property One in the course of the employment relationship, the application process or the pre-contractual relationship or in which Property One has a legitimate interest in processing
Intended use
Implementation of the employment relationship; implementation of the application process; implementation of the pre-contractual relationship (e.g. negotiation of the employment contract); fulfilment of the employer’s obligations (e.g. payment of wages); fulfilment of legal obligations (e.g. settlement with social security authorities, issuing of employer’s references)
7. Profiling
Property One may process personal data to try to learn more about you and, in particular, to assess certain personal aspects (such as occupation, economic circumstances, personal interests, place of residence, family situation) so that Property One can, where appropriate, better predict which products and services you may be interested in and provide you with tailored offers and suggestions.
D. Storage
Property One stores personal data as follows:
If no explicit storage period is specified when the data is collected, the personal data will be deleted as soon as it is no longer required to fulfil the purpose of the collection, unless legal storage obligations (e.g. storage obligations under commercial and tax law) prevent deletion.
E. Consent, legal basis, revocation and data protection rights
Where required under applicable data protection law, we will ask you to consent to the processing of your personal data, which will then form the legal basis for the processing. However, you hereby acknowledge that, depending on the circumstances and applicable data protection law, the legal basis for the processing may also be the performance of the contract, the implementation of contractual or pre-contractual measures or the safeguarding of legitimate interests. You may revoke any consent at any time without affecting the legitimacy of the processing that has been performed on the basis of the consent given up to the time of revocation. In addition, depending on the circumstances and the applicable data protection law, you in particular have the right to:
- disclosure of or access to the personal data concerned
- rectification, erasure or restriction of the processing of personal data;
- object to the processing;
- appeal to a competent supervisory authority; and
- have the right to data transfer/portability.
The above rights do not affect personal data processed for you as part of an ongoing contractual relationship or service provision, or which we are required or permitted to retain for legal reasons.
Regarding revocation, exercising your other data protection rights and other questions, suggestions and comments on the subject of data protection, please contact the person responsible for data protection at the contact details given above.
F. Data transmission
Property One will not disclose your personal data to third parties unless:
- this is explicitly stated otherwise in this data protection statement;
- this is necessary to protect your interests;
- this is necessary to fulfil, obtain, manage and maintain your business relationship with Property One;
- you have previously given your consent.
However, Property One may transfer your personal data without restriction to other companies in the Property One Group (see paragraph A).
In addition, Property One will appoint processors for hosting, maintenance, administration, storage and other services (such as those relating to backup, cloud storage, CRM tool, media agency services, other IT services, HR services, marketing agency services, e-mail marketing services, financial services such as accounting and fiduciary services) that process personal data to the extent necessary for the performance of such or similar purposes. In this context, some of your personal data may be stored outside Switzerland and the European Union (EU) (or the European Economic Area [EEA]), including in countries that do not have a similarly strict level of data protection. In this respect, if Property One stores personal data outside of Switzerland or the EU (or the EEA), Property One will take all reasonable steps required by current and applicable data protection law to ensure that your personal data is nevertheless handle safely and securely.
G. Data processing as a result of use of the website
By using the website, you consent to your data being stored and/or used in accordance with the terms of this data protection statement.
1. SSL encryption
This website uses SSL encryption for security reasons and to protect the transmission of confidential content. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
2. Server log files
The provider of this website automatically collects and stores information in so-called “server log files”, which your browser automatically transmits to Property One. These are in particular:
- Browser type and version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
This data is not assigned to specific individuals. This data is not merged with other data sources. Property One reserves the right to analyse this data retroactively and, if possible, to allocate it if there are concrete indications of unlawful use.
3. Use of cookies
3.1 Definition
Cookies are small files that are stored on your computer or mobile device when you use our website.
3.2 Necessary and non-necessary cookies
Necessary cookies are data sent to the browser on your computer’s hard drive so that we can offer you certain functions.
We use non-necessary cookies to collect information about visits to the website. In addition, we use non-necessary cookies to improve the user-friendliness of the website, for example to adapt our offer to client preferences and to make your browsing experience on the website as convenient as possible. We also use cookies to optimise our advertising. Cookies allow us to show you advertisements that may be of particular interest to you based on your use of our website. Our aim here is to make our internet offering as attractive as possible for you and to show you advertising that matches your areas of interest.
3.3 Session cookies and permanent cookies
So-called “session cookies” are automatically deleted at the end of your visit.
We also use permanent cookies. These will be stored on your computer or mobile device after the end of the browser session until you delete them. When you visit our website again, it will then automatically recognise which input and settings you prefer. These cookies will be stored on your computer or mobile device for between one month and 10 years, depending on the type of cookie, and will be automatically deactivated after the programmed time has elapsed. They are used to make our website more user-friendly, effective and secure. Thanks to these cookies, you will, for example, receive information on the website that is specifically tailored to your interests.
3.4 Tools for web analysis (“Google Analytics”)
In order to improve and optimise our website continuously, this website uses Google Analytics, a web analysis service of Google LLC (USA) and Google Ireland Limited (Ireland). This web analysis service provides Property One with statistics and graphs that provide information about the use of this website. In the process, data about the use of this website is transmitted to the server used for this purpose in the USA.
Google complies with the data protection provisions of the U.S.-Swiss Privacy Shield and the U.S.-EU Privacy Shield and is registered with the Privacy Shield programme of the U.S. Department of Commerce. However, it should be noted that the European Court of Justice (ECJ) found the Privacy Shield between the EU and the USA to be invalid in 2020. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. This data is transmitted by Google to third parties only on the basis of legal regulations or within the framework of commissioned data processing. Apart from IP addresses (which are only transmitted to Google in full in exceptional cases and which do not necessarily constitute personal data even in full form), no personal data is stored in the cookies used by Google Analytics.
Please see the following links for more information on Google Analytics and data protection:
- https://support.google.com/analytics/answer/6004245
- https://www.google.com/analytics/learn/privacy.html
3.5 Activation, deactivation and deletion of cookies
All web browsers allow you to enable, disable or delete the use of cookies by configuring the browser settings or options accordingly. You might not be able to use all the functions of the website if you disable or delete cookies in whole or in part.
3.6 Cookies and personal data
Apart from IP addresses (which even when transmitted in full do not necessarily constitute personal data), no personal data is stored in the cookies used by us. The cookies we use are not assigned to any specific person. When a cookie is activated, it is assigned an identification number.
4. Script libraries
In order to display content correctly, we use script libraries and font libraries on our website (e.g. Google web fonts). When a script or font library is accessed, a connection is established with the library provider. It is possible that the library provider will collect data relating to this connection.
5. Google Maps
We use an interface to geo-specific Google data to visualise location-based information. Google collects and uses data concerning the use of the maps function within this context. Information on how Google uses data can be found in Google’s data privacy statements.
6. Links to other websites and social plug-ins
The website contains links to other websites. Property One has no control over whether their operators comply with the applicable data protection regulations. Property One does not accept any responsibility or liability for the websites of third parties that can be accessed via the links.
Our website may use social plug-ins of various social network providers. These plug-ins allow information, including personal data, to be used by the corresponding social networks. If the data subject is logged in to a social network while he/she visits our website, he/she can assume that personal data will be transmitted. We have no influence over the data that is used. We do not record any personal data relating to social plug-ins. The data protection policies of the social networks in question provide information on the collection, processing and use of personal data.
7. Newsletter
You can use a form or an e-mail to subscribe to our company’s newsletter. If possible, a confirmation e-mail will be sent, as part of the double opt-in procedure, to the e-mail address you provide as the address you want the first newsletter to be sent to. We endeavour to use dedicated software to send out the newsletter to ensure a suitable level of data protection.
You can unsubscribe from the newsletter at any time. Each newsletter contains a link that you can use to unsubscribe. If you cannot find this link, please contact the data protection officer responsible for our website. Our newsletters may include a web bug. A web bug is a miniature graphic that is embedded in these e-mails in order to allow a log file to be created and analysed. This allows us to perform a statistical analysis on how successful or unsuccessful online marketing campaigns have been. This analysis can be performed either anonymously, or in a manner that can be traced back to particular pieces of personal data.
H. Security and liability
Property One protects personal data against loss, misuse, unauthorised access, disclosure, alteration or destruction by taking reasonable measures. To this end, Property One implements appropriate technical and organisational security measures that are continuously improved in accordance with technological developments. However, Property One cannot guarantee absolute data security. Property One hereby expressly excludes, to the fullest extent permitted by law, any liability for any loss or damage which you may suffer or incur directly, indirectly, consequentially or otherwise, in connection with any breach of this data protection statement, the processing of data by Property One or any Property One Group company, your use of the website or any information on the website. In addition to Property One, this disclaimer also exempts all companies in the Property One Group as well as their partners, directors, bodies, employees and agents.
I. Third-party consent
If you act as an agent or otherwise act on behalf of a third party or provide Property One with information about a third party, you hereby declare that you are an authorised representative or agent of that third party and/or that you have obtained all necessary consents (as required by applicable law) from that third party for the collection, processing, use and disclosure of their personal data to us or by us.
J. Final provisions
Property One reserves the right to change the content of this data protection statement at any time and without prior notice. You are therefore advised to consult this data protection statement regularly.
Should one or more provisions or parts of this data protection statement be or become invalid or void, this will not affect the validity of the remaining provisions. In the event of the invalidity or ineffectiveness of a provision, it will be replaced by a valid provision that comes as close as possible to the purpose of the invalid or ineffective provision violated by this data protection statement.
Subject to any mandatory applicable data protection laws, this data privacy statement is governed by Swiss substantive law, excluding its conflict of law rules. The exclusive place of jurisdiction is Zurich 1, Switzerland, subject to any (additional) foreign jurisdictions applicable under mandatory foreign law.
Last update: 3 April 2023