1. General information on data processing

   1. Scope of processing of personal data

      We collect and process personal data only to the extent necessary to provide our services – in particular in the context of housing brokerage – and to provide our associated services.

      Responsible for data processing is:

      Stay in Berlin GmbH

      Koenigsallee 40, 14193 Berlin Email: info@stayinberlin.com

      As a general rule, we only process data that you provide to us yourself.

      If necessary, additional data may be collected later on when the rental agreement is actually concluded (e.g., ID card details for identity verification, proof of a legitimate interest in temporary accommodation, signature on a rental agreement, etc.). However, this data is typically collected directly by the landlord. To the extent that Stay in Berlin GmbH provides support in individual cases (e.g., forwarding a signed contract document by email), such processing is also subject to this privacy policy.

   2. Categories of recipients

      As part of the apartment booking process, your personal data will be shared with third parties, particularly the landlords or apartment providers of the apartments you are interested in. Stay in Berlin GmbH works in particular with the following partner companies:

      • DieApart GmbH, Behrenstraße 1C, 10117 Berlin
      • Elisapart GmbH, Zeppelinstraße 143, 14471 Potsdam

      These companies are the owners or main tenants of the apartments we broker. We only transmit to the relevant partner the data necessary for them to conclude a rental agreement with you. This typically includes your contact details (name, address, email, telephone) and relevant information about your rental request (e.g., desired rental period)

      The partner companies, in turn, use your data to decide on the conclusion of the contract and to prepare the rental agreement. You will not receive any information from us that goes beyond the purpose of initiating the rental agreement. Naturally, our partners will also treat your data confidentially and in accordance with legal regulations. If necessary, they will inform you again about data processing once you enter into contract negotiations directly with them (Article 14 GDPR).

      Your data will only be transferred to third parties if this is necessary to perform the contract (e.g., to a property manager to organize an apartment viewing with your consent) or if we are legally or officially obliged to do so (e.g., to provide information to a public authority). In such cases, we will inform you separately, if permitted.

   3. Legal basis for the processing of personal data

      To the extent that we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. For the processing of personal data necessary to fulfill 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 necessary to carry out pre-contractual measures. To the extent that the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

      In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) 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 processing.

   4. Data deletion and storage period

      Your personal data will be deleted or blocked as soon as the purpose for processing no longer applies. Furthermore, data may be stored if European or national law so requires (e.g., statutory retention periods) or if the data is required to assert, exercise, or defend legal claims. As soon as retention reasons no longer exist, the data will be deleted. If storage is still necessary for the initiation or fulfillment of a contract, the data will be stored for a longer period (see also the detailed information below on the retention period for rental inquiries).

   5. Data transfer to third countries

      In individual cases, the processing of your data may involve the transfer of personal data to third countries (countries outside the EU or EEA) – for example, if we use cloud services or external service providers located outside the EU. Such transfers will only take place in compliance with the GDPR: either an adequacy decision has been made by the EU Commission for the target country, or we have agreed on appropriate safeguards such as EU standard contractual clauses pursuant to Art. 46 GDPR, or a statutory exception applies pursuant to Art. 49 GDPR.

      Unless otherwise stated below, we use the EU standard contractual clauses adopted by the EU Commission and currently in force for the transfer of personal data to processors in third countries as appropriate guarantees.

      If you consent to the transfer of personal data to third countries, the transfer will be carried out on the legal basis of Art. 49 (1) (a) GDPR.

   6. Automated decision-making

      As part of our brokerage activities, no automated decision-making – such as profiling – takes place in accordance with Art. 22 GDPR. In other words, decisions that significantly affect you legally or in any other way are not made exclusively by automated means.

2. Data processing for rental inquiries / brokerage activities

   If you contact us as a prospective tenant—whether by email, via a form, or by phone—we process the personal data you provide to process your rental request and complete the rental process. This typically includes:

   • Master data: Name (first and last name) and, if applicable, title, date of birth (if required for the contract).
   • Contact information: Address, telephone number(s), email address.
   • Information about your rental request: e.g., desired rental period, apartment preferences (location, size), budget expectations.
   • Communication content: All other information that you provide to us as part of your inquiry (e.g. professional background, special requirements for the apartment, planned move-in/move-out date).
   • Correspondence: Written correspondence with you (emails, chat messages if applicable) as well as notes from telephone calls, where relevant.

   As a general rule, we do not request any special categories of personal data (Article 9 GDPR) – data such as health information, religious affiliation, etc., are irrelevant for rental brokerage. Please refrain from providing us with such sensitive information unless it is essential for the rental process. In these cases, we ask for your express consent.

   In addition to the data you actively provide to us, we may also process personal data that we have legitimately received from third parties. This may be the case, in particular, in the context of a credit check: We may transmit the information required for a credit report to a credit agency (e.g., SCHUFA Holding AG) to check your creditworthiness. We will then receive a credit score or relevant information about your financial reliability from the credit agency. The legal basis for this transmission and query is our legitimate interest in assessing the risk of rental default (Art. 6 (1) (f) GDPR). Please note that a negative credit assessment may result in the non-conclusion of a rental agreement.

   1. Legal basis for data processing

      The primary legal basis for the processing of your data as a prospective tenant is Art. 6 (1) (b) GDPR, as the data processing takes place to carry out our contractually owed brokerage services, which are provided at your request.

      If you send us a general enquiry that is not directly aimed at concluding a contract, we can use our legitimate interest (Art. 6 (1) (f) GDPR) in answering your enquiry as the legal basis or it concerns pre-contractual (contract initiation) processing activities that are also covered by Art. 6 (1) (b) GDPR.

      If we ask for your consent (for example, to be able to store your documents for future suitable offers even after an initial unsuccessful placement), the processing is based on Art. 6 (1) (a) GDPR. You can revoke your consent at any time with future effect.

   2. Purpose of data processing

      Your personal data will be processed as part of your rental request solely for the purpose of brokering your property. We will share your data with the potential landlord and contact you as part of the brokerage process (e.g., to arrange viewings, clarify any outstanding questions, or send you a draft rental agreement). Without the provision of the required personal data, we would not be able to process your rental request.

   3. Duration of storage

      As a prospective tenant, we generally only store your personal data for as long as is necessary for the purposes stated above.

      • If no rental agreement is concluded between you and a landlord, we will delete your data after a maximum of six months. This period begins from the moment it is clear that no contract will be concluded (e.g., your inquiry was rejected or you have decided otherwise). The six months are used, for example, to allow us to contact you again if a suitable property becomes available, and for any follow-up to our brokerage services. After that, your data will be completely deleted unless you expressly permit us to store it for a longer period.
      • If a rental agreement is concluded, we will store your personal data (in particular the information contained in the rental agreement) for the duration of the rental agreement and for 10 years after the end of the agreement. This longer retention period is governed by the statutory retention obligations for business documents (in particular, Section 147 of the German Fiscal Code (AO) and Section 257 of the German Commercial Code (HGB), which generally stipulate 10 years) and our legitimate interest in being able to access the contract documents in the event of a dispute. After 10 years from the end of the rental agreement, we will delete your data unless there is another legal basis for further storage.

      In all cases, as soon as it is determined that data is no longer required (because the purpose has been achieved and there is no longer any obligation to retain it), this data is routinely deleted or anonymized.

3. Your rights as a data subject

   As a data subject, you have the following rights with regard to your personal data (according to Articles 15–21 GDPR):

   • Right to information: You can request information about what data we have stored about you and how it is processed.
   • Right to rectification: You have the right to have inaccurate or incomplete personal data rectified.
   • Right to erasure: You can request the erasure of your personal data if the legal requirements (Article 17 GDPR) are met. For example, if the purpose of the processing no longer applies or you revoke your consent.
   • Right to restriction of processing: Under certain circumstances, you can have the processing of your data restricted (e.g. if you dispute the accuracy of the data, for the duration of the review).
   • Right to data portability: You have the right to receive the personal data you have provided in a common, machine-readable format or, where technically feasible, to request that it be transmitted to another controller.
   • Right of objection: You may object to the processing of your data for reasons related to your particular situation, provided we process it on the basis of a legitimate interest (Article 21 GDPR). An objection is possible at any time, especially against data processing for direct marketing purposes.
   • Right to withdraw consent: If we process your data based on your consent, you can withdraw this consent at any time with future effect. Such withdrawal does not affect the legality of the processing already carried out.
   • Right to complain: You have the right to complain to a data protection supervisory authority about our processing of your data. The supervisory authority responsible is usually the supervisory authority of your habitual residence or our company headquarters (Berlin).

   To exercise your rights, you can contact us or our data protection officer at any time without any formalities. Please use the contact details provided (in writing or by email). You can, for example, send us an email to [xxx]@stayinberlin.com to request information, make corrections, or withdraw your consent/objection. We will then respond to your request promptly.

   Please do not hesitate to contact us if you have any questions or wish to exercise your rights. We take the protection of your data very seriously and are happy to support you in exercising your data protection rights.

   • Processing when exercising your rights

   If you assert your aforementioned rights as a data subject, we will process the data you provide to comply with your request and to provide evidence of your request. The legal basis for this is Art. 6 (1) (c) GDPR in conjunction with Art. 15–22 GDPR and Section 34 (2) BDSG.

4. Data Protection Officer

   You can reach our data protection officer at the following contact details:

   info@stayinberlin.com

As of July 2025