Data protection
We take the protection of your personal data very seriously and treat it confidentially and in accordance with the statutory provisions. With the following privacy policy, we would like to inform you about the processing of your personal data by MünchenerHyp and the rights to which you are entitled under data protection law.
Processing of personal data at Münchenerhyp
1. Scope of the processing of personal data
MünchenerHyp processes, i.e. collects, stores, uses, transmits and deletes personal data of
(1) prospective customers and customers,
(2) their employees and representatives
(3) beneficial owners of our customers in accordance with applicable laws (e.g. GWG).
For reasons of readability, the aforementioned categories of persons are referred to as "customers" in the following. This data may include, but is not limited to, the following categories:
- Personal data, such as
- Name
- Address | contact data (address, e-mail address, telephone numbers)
- Date/place of birth, gender, nationality, marital status, legal capacity
- Identification documents, if applicable, tax identification data, employment)
- Bank data
- Credit documents (salary statements, information on assets and liabilities, employer, type and duration of employment, marital status)
- Lending objects
- Other collateral for the loan
- Rating data/score values
We collect this data at the beginning of the contact process by submitting a loan application, inquiries to our company (by e-mail, mail or telephone), by property appraisers on behalf of or in the context of existing business relationships with credit agencies.
Furthermore, we process data from publicly accessible sources (e.g. from land registers, the commercial register or debtor lists) to the extent permitted by law.
2. Purpose and legal basis of the processing of personal data
MünchenerHyp stores and processes the aforementioned personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act 2018 (BDSG):
(a) On the basis of any consent given to process personal data.
Consent given may be revoked at any time with effect for the future without affecting the lawfulness of the processing carried out until revocation.
(b) For the performance of a contract or for the implementation of pre-contractual measures at the request of the data subject(s) on the basis of Article 6 (1) (b) GDPR.
MünchenerHyp stores and processes the personal data of its customers for loan processing and management as part of the business relationship and its initiation. Further details on the purpose of data processing can be found in the contract documents and terms and conditions.
(c) To protect the legitimate interests of MünchenerHyp or third parties on the basis of Article 6 (1) (f) GDPR.
MünchenerHyp stores and processes personal data to the extent necessary and appropriate to protect the legitimate interests of MünchenerHyp or third parties. This applies, for example, to direct advertising and market research, the exchange of data with credit agencies, the calculation of creditworthiness and default risks, the compilation of data on of purchase prices, the enforcement, exercise or defense of legal claims, etc.
(d) To fulfill legal obligations of the on the basis of Article 6 para.1 (c) GDPR.
MünchenerHyp stores and processes personal data insofar as this is necessary to fulfill legal obligations, such as those arising from tax laws, the Money Laundering Act, the German Banking Act, or banking supervisory requirements. This applies, for example, to identity checks, prevention of money laundering, actions to fulfill tax control obligations and internal bank risk management.
3. Recipients of personal data
MünchenerHyp is legally bound to secrecy, and personal data of customers is therefore only transferred on the basis of consent, on the basis of legal permits or obligations, or to processors.
These are in detail:
(a) Public authorities (e.g. Deutsche Bundesbank, BAFIN, Bundeszentralamt für Steuern, judicial and law enforcement authorities)
(b) Lawyers, notaries and auditing firms, other credit institutions, credit agencies and intermediaries of business relationships
(c) Recipients for whom the customer has given consent for data transfer or has released MünchenerHyp from the obligation of banking secrecy
(d) Industry service providers or other processors who are legally and contractually bound to secrecy. Processors are used, for example, for IT services, data deletion and real estate valuations.
A transfer to third countries and a sale of your data does not take place.
4. Data deletion and storage period
MünchenerHyp stores and processes personal data for as long as is necessary to achieve the respective processing purpose. Subsequently, the data will generally be deleted unless storage is necessary (a) due to statutory regulations, in particular those arising from the German Commercial Code, the German Fiscal Code, the German Banking Act, the German Money Laundering Act and the German Securities Trading Act or (b) to secure evidence of legal disputes within the statutory limitation periods.
5. Obligation to provide personal data
The customer must provide MünchenerHyp with personal data insofar as this is required for the conclusion, fulfillment or termination of a contract or for the fulfillment of contractual obligations stemming from a contract. If this data is not provided, MünchenerHyp will generally not be able to enter into or fulfill a contractual relationship.
In order to comply with money laundering regulations, MünchenerHyp is obliged to identify the customer in a documentable manner with regard to name, address, place and date of birth on the basis of identification documents before entering into a contractual relationship. If the customer fails to provide MünchenerHyp with the required data and, if necessary, update it, MünchenerHyp is prohibited from entering into or continuing the respective business relationship.
6. Rights of the customers
You have the right to information (according to Art. 15 DGSVO, § 34 BSDG), the right to rectification (according to Art. 16 GDPR), the right to erasure (according to Art. 17 GDPR, § 35 BDSG), the right to restriction of processing (according to Art. 18 GDPR) and the right to object (according to Art. 21 GDPR) at any time.
If you consider that the processing of personal data concerning you infringes the GDPR, you have the right to file a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place where the alleged infringement supposedly occurred, without prejudice to any other administrative or judicial remedy. You can find the address in the section "Responsible party in terms of data protection".
7. Automated decision-making and profiling
For loans in retail business, MünchenerHyp also uses the data received for profiling purposes (scoring) to determine the customer's creditworthiness on the basis of values customary in the industry. This involves calculating a probability value about a customer's future contractual fulfillment of payment obligations. The data used to calculate the probability value, i.e.
- general personal data (number of debtors, age, employment characteristics, industry, marital status, address, legal form)
- economic data on the person (income, SCHUFA information, problems reported to the bank by the borrower, such as unemployment or insolvency)
- Data on the collateral object (value, year of construction, location, type, own or third-party use, purchase/new construction/modernization or similar)
- Data on the financing (rate, debit interest rate, repayment rate, credit level at the time of the loan being granted and current credit level, sales channel, type of feed, date of disbursement, remaining loan period, information on arrears and returned debit notes within the last 24 months)
is processed on the basis of a scientifically recognized mathematical-statistical procedure. The calculated probability values support MünchenerHyp in deciding on the establishment, implementation or termination of a contractual relationship and are included in MünchenerHyp's ongoing risk management. Personal data is processed here to protect MünchenerHyp's legitimate interests, i.e., to avoid loan defaults and to manage the risks of the credit business.
Information about your right to object according to Art. 21 of the General Data Protection Regulation (GDPR)
In addition, you have the right to object at any time, on grounds 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) (e) or (f) GDPR; this also applies to profiling based on these provisions within the meaning of Article 4 No. 4 GDPR.
If you object, MünchenerHyp will no longer process the personal data relating to you unless it can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
The objection can be made without having to observe formal requirements and should be addressed to:
Information Security and Data Protection/Informationssicherheit und Datenschutz
Münchener Hypothekenbank eG
Karl-Scharnagl-Ring 10
80539 Munich
Germany
Datenschutz@mhb.de
Cited date: 04 | 2021
Data processing on the website
I. General information on data processing
1. Scope and purpose of the processing of personal data
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of personal data of our users is in principle carried out only with the consent of the user. An exception applies in those cases where the processing of data is permitted by legal regulations.
2. Legal basis for the processing of personal data
As far as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
If processing of personal data is necessary for compliance with a legal obligation to which our company is subject to, Art. 6 (1) (c) GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been intended by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period stipulated by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
II. Provision of the website and creation of log files
1. Description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected in this process:
(1) Information about the browser type and the version used
(2) The user's operating system
(3) The user's Internet service provider
(4) Date and time of access
(5) Websites from which the user's system accesses our website
(6) Websites that are accessed by the user's system via our website
This data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of the data is Art. 6 (1) lit. f GDPR.
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
These purposes are also the basis for our legitimate interest in data processing according to Art. 6 (1) (f) GDPR.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
5. Possibility of objection and deletion
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
III. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
We also use cookies on our website that enable an analysis of the user's surfing behavior.
In this way, the following data can be transmitted:
(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions.
The user data collected in this way is pseudonymized by technical precautions. Therefore, it is no longer possible to assign the data to the user calling up the website. The data is not stored together with other personal data of the user.
When calling up our website, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made.
b) Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) lit. a GDPR if the user has given their consent in this regard.
c) Purpose of the data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
The user data collected by technically necessary cookies is not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
These purposes are also the basis for our legitimate interest in the processing of personal data according to Art. 6 (1) (f) GDPR.
d) Duration of storage, possibility of objection and deletion
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all website functions to their full extent.
IV. Contact form and e-mail contact
1. Description and scope of data processing
A contact form, which can be used for electronic contact, is available on our website. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:
(1) Salutation
(2) Title
(3) First name
(4) Last name
(5) Telephone
(6) Fax
(7) E-mail address
(8) Message
At the time the message is sent, the following data is also stored:
Date and time of registration
For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively to process the conversation.
2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 (1) (a) GDPR if the user has given their consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.
3. Legitimate purpose of the data processing
The processing of personal data from the input mask serves us solely to process the establishment of contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. Possibility of objection and deletion
The user has the possibility to revoke their consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
The following is a description of the manner in which the revocation of consent and the objection to storage is made possible.
All personal data stored in the course of the contact will be deleted in this case.
V. Web analysis by google Analytics
1. Scope of the processing of personal data
We use Google Analytics on our website, a web analytics service provided by Google Inc. ("Google") to analyze the surfing behavior of our users. The software sets a cookie on the user's computer (for cookies, see already above). If individual pages of our website accessed, the following data is stored:
(1) The shortened IP address of the user (last byte masked).
(2) The accessed website
(3) The website from which the user accessed the accessed website (referrer)
(4) The subpages called up from the accessed website
(5) The amount of time spent on the website
(6) The frequency with which the website is accessed
The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. The IP address is shortened by Google within the Member States of the European Union or in other contracting states to the Agreement on the European Economic Area.
On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available under the following link.
2. Legal basis for the processing of personal data
The legal basis for the processing of users' personal data is Art. 6 (1) (f) GDPR.
3. Legitimate purpose of the data processing
The processing of the users' personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. In these purposes also lies our legitimate interest in the processing of data in accordance with Art. 6 (1) (f) GDPR. By anonymizing the IP address, the interest of users in their personal data protection is sufficiently taken into account.
4. Duration of storage
The data is deleted as soon as it is no longer required for our recording purposes. In this context, the search term that led to the page being called up is stored for 18 months. The masked IP address of the visitor for nine months.
5. Possibility of objection and elimination
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all functions of the website.
You can prevent the collection by Google Analytics by clicking on the following link:
Disable Google Analytics
An opt-out cookie will be set that prevents future collection of your data when visiting this website. More information on terms of use and data protection can be found here.
VI. Rights of the data subject
The following list includes all data subject rights under the GDPR. Rights that have no relevance to your own website do not need to be mentioned. In this respect, the listing can be shortened.
If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights against the controller:
1. Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) The purposes for which the personal data are processed;
(2) The categories of personal data which are processed;
(3) The recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) The planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) The existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) The existence of a right of appeal to a supervisory authority;
(7) Any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) The processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) The controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) If you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to erasure
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 (1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
6. Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
7. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
8. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1) of the GDPR, unless Article 9 (2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
9. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to file a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been filed will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
The address can be found in the section "Responsible parties in terms of data protection".
Responsible parties concerning data protection
I. Name and address of the responsible person
The responsible person (“controller” according to the GDPR) within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Münchener Hypothekenbank eG
Karl-Scharnagl-Ring 10
80539 Munich
Germany
www.mhb.de/en
II. Name and address of the data protection officer
We have orderly appointed a data protection officer. He can be reached at
Informationssicherheit und Datenschutz/Information Security and Data Protection
Münchener Hypothekenbank eG
Karl-Scharnagl-Ring 10
80539 Munich
Germany
datenschutz@mhb.de
III. State Data Protection Authority
The state data protection authority responsible for MünchenerHyp can be reached at the following address.
BayLDA - Bavarian State Office for Data Protection Supervision
Promenade 18
91522 Ansbach
Germany