info@wp-immomakler.de
+49 451 – 30 50 36 28

Privacy policy

§ 1 Information on the collection of personal data

(1) In the following, we provide information about the collection of personal data when using our website. Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior.

(2) The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is

49heroes GmbH & Co. KG
To the harbor square 1
23570 Lübeck
Germany

Partners authorized to represent the company: Dorith Altenburg, Hinnerk Altenburg

Contact person for data protection:
Mr. Dipl.-Informatiker (FH) Hinnerk Altenburg, Zum Hafenplatz 1, 23570 Lübeck Germany

Phone: +49 451 30 50 36 28 E-Mail: info@wp-immomakler.de

Further information can be found in the legal notice on our homepage at https://www.wp-immomakler.de/impressum/.

(3) When you contact us by e-mail or via a contact form, the data you provide will be

data provided by you (your e-mail address, possibly your name and telephone number) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer required, or restrict processing if there are statutory retention obligations.

(4) If we use contracted service providers for individual functions of our offer or would like to use your data for advertising purposes, we will inform you in detail below about the respective processes. We will also state the specified criteria for the storage period.

§ 2 Your rights

(1) You have the following rights vis-à-vis us with regard to your personal data:

  1. Right to information,
  2. Right to rectification or erasure,
  3. Right to restriction of processing,
  4. Right to object to the processing,
  5. Right to data portability.

(2) You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.

(3) Information on the details of your rights can be found under § 10.

§ 3 Collection of personal data when visiting our website

(1) For technical reasons, your internet browser automatically transmits data to our server when you access our website. We collect this data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR). These are,

  • Your IP address at the time of access
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the request (specific page)
  • URL (address) of the referring website (referrer),
  • Access status/HTTP status code
  • Amount of data transferred in each case
  • Website from which the request comes
  • Browser type and version,
  • Operating system and its interface
  • This data is stored separately from other data that you enter when using our website. It is not possible for us to assign this data to a specific person. The data does not contain any information that can be used to identify individuals. It is collected and used exclusively for statistical and analytical purposes, such as improving the website, and is then deleted no later than 30 days after collection.

(2) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk and assigned to the browser you are using and through which certain information flows to the body that sets the cookie (in this case us). Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website more user-friendly and effective overall.

(3) Use of cookies:

  1. This website uses the following types of cookies, the scope and function of which are explained below:
    • Transient cookies (see b)
    • Persistent cookies (see c).
  2. Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
  3. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in your browser's security settings.
  1. You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. We would like to point out that you may not be able to use all functions of this website.
  2. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.

§ 4 Use of our download store

(1) If you wish to place an order in our webshop, it is necessary for the conclusion of the contract that you provide your personal data, which we require for the processing of your order. Mandatory information required for the processing of contracts is marked separately, further information is voluntary. We process the data you provide to process your order. For this purpose, we may forward your payment data to our house bank. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR.

(3) Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of ten years. However, we restrict processing after two years, i.e. your data will only be used to comply with legal obligations.

(4) To prevent unauthorized access by third parties to your personal data, in particular financial data, the order process is encrypted using TLS technology.

§ 5 Newsletter

(1) We only send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or with legal permission. With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. Insofar as the contents of the newsletter are specifically described when subscribing to the newsletter, they are decisive for the user's consent. Our newsletters also contain information about our plugins and software products in the real estate sector.

(2) We use the so-called double opt-in procedure to subscribe to our newsletter. This means that after you have registered, we will send you an e-mail to the e-mail address you have provided in which we ask you to confirm that you wish to receive the newsletter. This confirmation is necessary so that no-one can register with other people's e-mail addresses. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month.

Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements and, if necessary, to be able to clarify any possible misuse of your personal data. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by MailChimp are also logged. The purpose of the procedure is to prove your registration.

(3) The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and is used to address you personally. To personalize the newsletter, we therefore also ask you to provide your first and last name and a salutation, as well as whether you represent a brokerage office or an agency or are a freelancer. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

(4) You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare your revocation by clicking on the link provided in every newsletter e-mail, by e-mail to info@wp-immomakler.de or by sending a message to the contact details given in the imprint. Your consent to the sending of the newsletter via MailChimp and the statistical analyses will expire at the same time. Unfortunately, it is not possible to withdraw your consent to the sending of the newsletter via MailChimp or the statistical analysis separately.

(5) Use of the mailing service provider "MailChimp"

The newsletter is sent using "MailChimp", a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.

The email addresses of our newsletter recipients, as well as their other data described in this notice, are stored on MailChimp's servers in the USA. MailChimp uses this information to send and analyze the newsletter on our behalf. Furthermore, MailChimp may, according to its own information, use this data to optimize or improve its own services, e.g. for the technical optimization of the dispatch and presentation of the newsletter or for economic purposes in order to determine from which countries the recipients come. MailChimp uses the data of our

Newsletter recipients, however, not to write to them themselves or pass them on to third parties.

We trust in the reliability and IT and data security of
MailChimp. MailChimp is certified under the US-EU data protection agreement "Privacy Shield" and thus undertakes to comply with EU data protection regulations. Furthermore, we have concluded a "Data Processing Agreement" with MailChimp. This is a contract in which MailChimp undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection regulations and, in particular, not to pass it on to third parties. You can view MailChimp's privacy policy here.

(6) Statistical survey and analysis

The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file that is retrieved from the MailChimp server when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, is initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times.

The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of MailChimp to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

The data is collected exclusively in pseudonymized form, i.e. the IDs are not linked to your other personal data, and direct personal references are excluded.

You can object to this tracking at any time by clicking on the separate link to revoke your consent to receive the newsletter, which is provided in every email, or by informing us via another contact channel. Your consent to the sending of the newsletter via MailChimp and the statistical analyses will expire at the same time. Unfortunately, it is not possible to withdraw your consent to the sending of the newsletter via MailChimp or the statistical analysis separately.

The information is stored for as long as you are subscribed to the newsletter. After you unsubscribe, we store the data purely statistically and anonymously.

(7) There are cases in which we direct newsletter recipients to the MailChimp website. For example, our newsletters contain a link that newsletter recipients can use to retrieve the newsletter online (e.g. in the event of display problems in the email program). Newsletter recipients can also correct their data, such as their email address, at a later date. MailChimp's privacy policy is also only available on their website.

In this context, we pointed out that cookies are used on the MailChimp websites and that personal data is therefore processed by MailChimp, its partners and the service providers used (e.g. Google Analytics). We have no influence on this data collection. Further information can be found in MailChimp's privacy policy. We would also like to draw your attention to the options for objecting to the collection of data for advertising purposes on the websites http://www.aboutads.info/choices/ and http:// www.youronlinechoices.com/ (for the European area).

§ 6 Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service of Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. 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. However, if IP anonymization is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.

(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

(3) 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 Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http:// tools.google.com/dlpage/gaoptout?hl=en.

(4) This website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are further processed in abbreviated form, so that they cannot be linked to a specific person. If the data collected about you is personally identifiable, it will be excluded immediately and the personal data will be deleted immediately.

(5) We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU- US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR.

(6) Information from the third-party provider: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http:// www.google.com/analytics/terms/de.html, overview of data protection: http:// www.google.com/intl/de/analytics/learn/privacy.html, and the privacy policy: http://www.google.de/intl/de/policies/privacy.

(7) Order data processing

We have concluded a contract with Google for commissioned data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

§ 7 Use and application of Google AdWords and Google Conversion Tracking

(1) We use Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to place ads in the

search engine results from Google as well as in the Google advertising network. Google AdWords enables an advertiser to define certain keywords in advance, by means of which an ad is only displayed in Google's search engine results if the user uses the search engine to retrieve a keyword-relevant search result. In the Google advertising network, the ads are distributed on topic-relevant websites using an automatic algorithm and taking into account the previously defined keywords.

(2) The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine and by displaying third-party advertising on our website.

(3) If a user clicks on an ad placed via Google, a cookie for conversion tracking is set on the computer used by the user. These cookies lose their validity after 30 days and are not used for personal identification. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

(4) Users who do not wish to participate in tracking can deactivate the Google conversion tracking cookie via their Internet browser under user settings. These users will not be included in the conversion tracking statistics. A cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programs.

(5) The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive information from Google that could be used to identify the data subject.

(6) The conversion cookie is used to store personal information, such as the websites visited by the data subject. Each time our website is visited, personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject.

Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from each of the Internet browsers they use and make the desired settings there.

(7) Information from the third-party provider: The services of Google AdWords are provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/.

§ 8 Use of the customer support tool helpscout.net

(1) We use the software tool helpscout.net from Help Scout Inc, 131 Tremont Street, 3rd Floor, Boston, MA 02111-1338 to process our customer inquiries.

(2) If you contact us by e-mail or via the contact form, the following personal data will be transmitted to Help Scout:

  • Your name,
  • Your e-mail address,
  • the subject,
  • the category,
  • the message.

This data is also transmitted if you reply to e-mails that we have sent to you. If you contact us by telephone or we call you as part of a (prospective) customer relationship, the following personal data will be transmitted by you to Help Scout:

  • Your name,
  • Your telephone number,
  • the time of the telephone call (date, time, duration), and
  • the processing and telephone notes of our employees as a summary of the content of the telephone call; the aforementioned data is transmitted to the servers of Help Scout Inc. in the USA. The legal basis for the use is Art. 6 para. 1 sentence 1 lit. f GDPR

(3) We trust in the reliability and IT and data security of Help
Scout. Help Scout is certified under the US-EU data protection agreement "Privacy Shield" and thus undertakes to comply with EU data protection regulations. We have also concluded a "Data Processing Agreement" with Help Scout. This is a contract in which Help Scout undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection provisions and, in particular, not to pass it on to third parties. You can view Help Scout's privacy policy at https://www.helpscout.net/ company/privacy/. Further information on the terms of use of Help Scout Inc. can be found at or https://www.helpscout.net/company/terms-of-service/.

§ 9 Use of AI-supported chatbot (Chatbot49)

We use an AI-supported chatbot ("Chatbot49") on our website to provide you with automated answers to your questions. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR (legitimate interest in efficient customer communication) or Art. 6 para. 1 lit. a GDPR (if your consent is obtained).

The data entered via the chatbot can be transmitted to OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110, USA, as the service is based on the OpenAI interface ("API"). To protect your privacy, the API is used in a data-saving manner - no unnecessary personal data is passed on to OpenAI. In addition, we have concluded contractual agreements (including an order processing agreement) with OpenAI to ensure an appropriate level of data protection.

OpenAI processes the transmitted content exclusively for the provision of chat responses and does not use it for training purposes. Further information on data processing by OpenAI can be found at: https://openai.com/policies/privacy-policy

Note: Please do not enter any sensitive or personal data in the chat unless this is absolutely necessary.

The conversations held in the chat can be temporarily stored and analyzed internally for quality assurance and troubleshooting purposes. This information is not passed on to third parties. The legal basis is Art. 6 para. 1 lit. f GDPR.

§ Section 10 Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

(1) Right to information

You can request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing has taken place, you can request the following information from the controller:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data that 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 storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
  5. the existence of a right to rectification or erasure of 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. all available information about the origin of the data if the personal data is not collected from the data subject;
  8. the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of 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 processed personal data concerning you is incorrect or incomplete. The controller must make the correction without delay.

(3) Right to restriction of processing

You may request the restriction of the processing of your personal data 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 oppose the erasure of the personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
  4. if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - 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 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 delete

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. 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 has been processed unlawfully.

(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 para. 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) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure does not exist if the processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by the

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 in accordance with Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that 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 notify 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 to be informed about these recipients by the controller.

(6) Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

  1. the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
  2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(7) Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

(8) Right to revoke the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

(9) 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.

has legal effect against you or significantly affects you in a similar way. 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 authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.