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LEGAL NOTICE, GTC & PRIVACY POLICY

LEGAL NOTICE

Information acc. §5 Telemedia Act:
Responsible for the content of this website:

Landlords Agrar Immobilien GmbH
Joseph-von-Eichendorff-Straße 10
48527 Nordhorn, Deutschland

ph +49 5921 88 57- 0
fax +49 5921 88 57 50
e welcome@landlords-immobilien.de

Amtsgericht Osnabrück
HRB 130469
USt-Id-Nr. DE 117040539

Executive director: Heino Harms

Permission acc. § 34c (1) Trade regulations, given by the city of Nordhorn.
Responsible authority for the activity acc. § 34 c Trade regulations:
Chamber of Industry and Commerce Osnabrück-Emsland-Grafschaft Bentheim,
Neuer Graben 38, 49074 Osnabrück

Concept & design:
SCHUPPAN CREATIVE SOLUTIONS
www.schuppan.design

Pictures:
SCHUPPAN CREATIVE SOLUTIONS
www.schuppan.design

Adobe Stock
www.stock.adobe.com

Online Dispute Resolution
Under https://ec.europa.eu/consumers/odr/ the European Commission provides a platform for online dispute resolution, consumers can use for the resolution of a dispute and where further information on the topic of dispute settlement can be found.

Out-of-Court Settlement of Disputes
In case of a dispute we are neither obliged nor ready to take part in an out-of-court settlement of a dispute before a consumer arbitration board.

GENERAL TERMS AND CONDITIONS OF THE LANDLORDS AGRAR IMMOBILIEN GMBH

1. Activities
1.1 The Landlords Agrar Immobilien GmbH is in charge of the verification of agricultural objects of purchase or for lease or sellers / leasers as well as with the arrangement of conclusion of a contract on an agricultural object.

1.2 All offers made by the Landlords Agrar Immobilien GmbH are non-committal and non-binding. The descriptions of the objects rely on the information provided by the sellers / leasers. We reserve intermediate sale and errors.

2. Commission
For verification or agency of the main contract, the Landlords Agrar Immobilien GmbH is entitled for a commission. If not otherwise agreed, a commission of 5% of the overall purchase price and for the verification or the agency of a lease-contract or a contract of participation half of an annual rental plus VAT applies. The commission becomes due with conclusion of the main contract with the contractual partner arranged by the Landlords Agrar Immobilien GmbH. The conclusion of a purchase-, rent-, lease- or participation contract or any other comparable contract will be regarded as a main contract.

3. Obligations of the Customer
3.1 The customer immediately provides the Landlords Agrar Immobilien GmbH all information on present or joining circumstances touching the performance of the broker activity (e.g. the abandoning of the intention to sell).

3.2 The customer must keep all knowledge gained with this contract confidential and especially must not forward information submitted to him to a third party. If the customer violates this obligation and the third party concludes the contract verified by the Landlords Agrar Immobilien GmbH, then the customer owes the commission as if he himself would have concluded the main contract.

3.3 The customer must provide the Landlords Agrar Immobilien GmbH with the opportunity to be present at the concluding of contract, especially at the event of certification. The customer must provide the Landlords Agrar Immobilien GmbH with a free copy of the concluded contract.

4. Liability
The Landlords Agrar Immobilien GmbH is not liable for any damage and reimbursement of expenses, not matter for which legal grounds. This limitation of liability does not extend on damages due to injury to life, limb or health.

Liability for any other damage remains unaffected insofar as it is based on a case of wilful intent and gross negligence of the Landlords Agrar Immobilien GmbH or one of its agents or legal representatives. In these cases, liability is limited to the contractually typically foreseeable, subject to a maximum overall limit of the commission.

5. Limitation Period
Claims for damages of any kind towards the Landlords Agrar Immobilien GmbH become time-barred two years after the customer gained knowledge of the cause for liability or ought to have gained such without gross negligence. They lapse at the latest five years after completion of the contract, if they are not subject to a shorter limitation period by law.

6. Place of Fulfilment / Applicable Law / Place of Jurisdiction
6.1 Place of Fulfilment for the mutual obligations from this contract is the seat or the Landlords Agrar Immobilien GmbH.

6.2 The law of the Federal Republic of Germany will exclusively govern.

6.3 The place of jurisdiction for all disputes from or in connection with this contract is Osnabrück, if the customer is a merchant or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany or if he transfers his domicile or normal abode from the Federal Republic of Germany or if his residence or normal abode is not known at the time the complaint is filed.

7. Severability Clause
Should one provision of the above clauses be invalid, the remaining provisions remain in full effect. The invalid clause shall then be replaced by the legal provision.

PRIVACY POLICY

1. Informations on the Collection of Personal Data and Contact Data Collected From the Responsible Person

1.1. Thank you very much for your visit to our website. Below we want to give you information on the way we use your personal data in the use of our website. Personal data are basically any information making you personally identifiable.

1.2. Responsible for data procession on our website in the meaning of General Data Protection Regulation (EU GDPR:

Landlords Agrar Immobilien GmbH
Geschäftsführer: Heino Harms
Joseph-von-Eichendorff-Straße 10
48527 Nordhorn, Deutschland

ph +49 5921 88 57- 0
fax +49 5921 88 57 50
e welcome@landlords-immobilien.de

1.3. For the protection of your data we use encryption-processions according to the latest security-provisions (like e.g. SSL or TSL) via HTTPS.

2. Cookies

Our website makes use of cookies.

Cookies are text-files, which are stored on the users terminal device. A cookie can be stored on the operating system of the user when he goes to a website. On our website some functions cannot be offered without the use of cookies. For those it is necessary, that the browser is recognized again after a page transition. The user data collected by the technically necessary cookies will not be used for the creation of user profiles. The ends mentioned above are also the grounds for our justified interests in the processing of personal data according to art. 6(1)(f) EU GDPR.

Furthermore our website does use cookies, which enable an analysis of the web surfing activities of the user (so-called Third Party Cookies). You can find further information on the scope, intention and the legal basis in the respective paragraph of the respective chapter of this privacy statement.

As a user you do have full control on the use of cookies. By changing the settings of your internet browser you can deactivate, limit or delete the transfer of cookies. You might not be able to use all functions on our website if you disable cookies for our website. You can suppress the transmission of flash-cookies by changing the settings of the Flash player.

The support menu of your browser offers assistance for settings under the following links:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac
Opera: https://help.opera.com/en/latest/web-preferences/#cookies

Some of the cookies used here will be deleted after closing your browser (so-called session cookies). Other cookies stay on your device and enable us or our partners (Third Party Cookies) to recognize your browser with your next visit. Placed cookies collect and process specific user data like browser-data and position data as well as IP-address values to an individual extent. Persistent cookies are automatically deleted after a given period, which depends on the cookie.

3. Contacting

If you contact us by using the contact form, the data you provide on the input screen will be transmitted to us and stored. The collected data can be seen on the input screen. Only the data contained in your email will be transmitted to us in an email contact.

Those data will only be used for the processing and conversation of your request. The legal basis for this processing is in the existence of a declaration of consent of the user EU GDPR, art. 6 (1)(a). The legal basis for the processing of the data transmitted with submission of an email is EU GDPR, art. 6, (1) (f). Aims the contact via email on the conclusion of a contract, additional legal basis for the processing is EU GDPR art. 6 (1) (b). As soon as the data are no longer necessary for gaining the end they were collected for, the data will be deleted unless other longer periods of storage are required by law. Regarding the personal data from the input screen of the contact form and those data transmitted by email, this will be the case when the conversation with that user has ended. The conversation is closed, if one can see from the circumstances, that the respective issue is finally resolved. At any time the user can revoke his consent for processing of the personal data. Does the user contact us by email, he can at any time object to the storage of his personal data. In such case the conversation cannot be continued.

4. Comments Function

If you are using the comments function on our website, additionally to your comment data of the time of creation of the comment as well as the name you chose as a commenter will be stored and published on the website. Furthermore your IP address will be recorded and stored.

The legal basis for the storage of your data are EU GDPR art. 6 (1) (b) and (f). Your IP address is stored for safety reasons and for the case, that the person concerned violates the rights of a third party or publishes illegal content with the comment. Your email address is necessary to contact you, if a third party might object to your published content as unlawful. We reserve the right to delete comments, if they are objected to as unlawful by a third party.

If you subscribe to follow-up comments, you will first receive an email with a confirmation (double-opt-in-procedure) with which you have to confirm that you are the owner of the submitted email address. The legal basis for data processing in the subscription to comments is EU GDPR art. 6 (1) (a). In accordance with the information given in the email of confirmation, a subscription to comments can be cancelled at any time with future effect.

5. Web Analysis Services and Re-Marketing

Google Tag Manager

This website uses the Google Tag Manager. By this service website-tags can be configured using an interface. The Google tool manager does only implement tags. This means: No cookies will be used, and no personal data will be collected. The Google Tool Manager activates other tags, which again collect data, where applicable. But the Google Tag Manager does not access these data. In the case that a deactivation took place on the level of domain or cookies, this remains active for all tracking-tags, insofar as those are implemented with the Google Tag Manager.

Google Universal Analytics

For this website we use the web analysis-service Google Analytics (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland).
Google Analytics uses cookies”. These are text files enabling an analysis of your use of the website by being stored on your computer. The information made up from your visit to this website (including abbreviated IP-address) are transferred to and stored on a Google server with a possible transfer to the USA.

We use Google Analytics with the extension „_anonymizeIp()“, which ensures an anonymisation of the IP-address by shortened and thereby preventing direct personalization. Therefore, your IP-address will be shortened within a member state of the European Union or in other member states of the European Economic Area Agreement. In exceptional cases the full IP address will be transferred to a Google server in the USA, where it will be shortened. In these exceptional cases the processing is done according art. 6 (1) (f) EU GDPR. Our legitimate interest is in the statistical analysis of the user´s behaviour for means of optimization and marketing purposes.

Google uses these information on our behalf to evaluate your use of our website, to report about activities on the website and to deliver other services attached to the use of the internet to us. Your IP address as collected in this process will not be amalgamated with other Google data.

You can prevent the storage of cookies by the use of corresponding browser settings. You can also prevent that the data related to your use of the website which were made up by the cookie (including your IP-address) as well as the processing of your data by Google, by downloading and installing the following browser plug-in:
http://tools.google.com/dlpage/gaoptout?hl=de

Alternatively you can set an opt-out cookie:

Deactivate Google Analytics

This opt-out cookie does only function in this browser and for this domain only. If you delete your cookies in this browser, you will have to activate this link again.

This website does also use Google Analytics for a cross-device analysis of the stream of visitors, which is done via a user-ID. You can deactivate this cross-device analysis in your Google user-account under “Personal info”, “Go to About me”.

Googles’ privacy statement:
https://support.google.com/analytics/answer/6004245?hl=de

Google Ads Conversion-Tracking

This website uses the web-advertising programme “Google Ads” and in the frame of Google Ads the conversion-tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“).
By the means of advertising materials (so-called Google Adwords) this advertises our offers on external websites. The display of advertisement which are of interest for you and to reach a fair calculation of advertisement costs form our legitimate interest. Legal ground is art. 6 (1) (a) EU GDPA, namely your explicit consent.
Google Ads uses cookies, which are set when you click on an ad delivered by Google, for conversion tracking.

These cookies usually terminate after 30 days and do not serve for personal identification. Because each GoogleAds client receives a different cookie, cookies can not be traced back via websites of ads-clients.

The information received serves for the compilation of conversion statistics on the overall number of users who clicked on the Ads-clients advertisement and were forwarded to a site equipped with a conversion-tracking-tag.

In this process it is not possible to identify you personally.

If you want to prevent the tracking, you can deactivate the cookie of the Google Conversion-Tracking in the settings of your internet browser.

For the case of data transfer to Google LLC, seated in the USA, Google LLC is certified for the US-EU Data Protection Convention “Privacy Shield”, which guarantees compliance with the EU-level of data protection.

Find information on the Google privacy policy under: https://policies.google.com/privacy?hl=en-US

You can permanently deactivate the conversion cookies by setting your browser accordingly or by downloading and installing the browser plug-in available with the following link:

http://www.google.com/settings/ads/plugin?hl=de

In this case you will most likely have a restricted presentation of the page.

6. Other Cookies

Adobe Typekit

This website uses Adobe Typekit for visual design. Typekit is a service of the Adobe Systems Software Ireland Companies (4–6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland; further „Adobe“), offering access to a library of fonts. For the implementation of the fonts we used, the browser has to connect with an Adobe server in the USA and download the fonts necessary for our website. By this Adobe receives the information, that our website has been accessed from your IP address. Further information on Adobe Typekit can be found in the Adobe’s privacy statement, which can be accesses under: https://www.adobe.com/privacy.html

Legal grounds is your consent (art. 6 (1) (a) GDPA).

The accessing of a font library automatically triggers a connection to the providers of the library. Information can be found on Adobe Typekit web fonts about the use of your data: https://typekit.com/ and in the privacy statement of Adobe Typekit: https://www.adobe.com/privacy/policies/adobe-fonts.html.

Regarding the use of Adobe TypeKit fonts an appropriate level of data protection is warranted by the Adobe Inc. within the frame of it’s participation in the so-called “Privacy-Shield” and the measurements for privacy and data security in the European Union taken by Adobe.

Neither by law nor by contract the provisioning of personal data is enjoined. But without consent into the use of Typekit, the contents of standard fonts cannot correctly be displayed.

Google Web Fonts

We use so-called web fonts for the consistent presentation of fonts, those are provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). As soon as you access our website, your browser loads the necessary web fonts into the browser cache.

For doing such, your browser must contact the Google servers and in this contact your IP address is transferred to Google. In this case our personal data might also be transferred to the Google LLC servers in the USA.

Legal grounds is art. 6 (1) (a) GDPR, namely your explicit consent. If your browser does not sustain Web Fonts or if you refuse to use it, your computer will use a standard font. For the case of transmission of personal data to Google LLC, USA, Google verified for the US-European Data Protection Convention “Privacy Shield”, which does warrant compliance with the European level of data protection.

Details on Google Web Fonts can be seen at:
https://developers.google.com/fonts/faq

As well as in Googles privacy statement.
https://www.google.com/policies/privacy/

7. Rights of the parties concerned

7.1. The applicable data protection law provides you with comprehensive rights as an individual affected (rights of information and intervention) on which we inform you below:

Right of access by the data subject according to art. 15 GDPR:
You shall have the right to obtain from the controller confirmation as to whether or not your personal data are being processed. Further you are entitled to be informed on the purposes, the categories of personal data concerned, the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations, the envisaged period for which the personal data will be stored and the existence of further rights like the rectification of data or the right to lodge a complaint with a supervisory authority; where the personal data are not collected from us, any available information as to their source; the existence of automated decision-making, including profiling, 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 us, as well as your right on being informed about the appropriate safeguards pursuant to Art. 46 GDPR in transferring your data to third countries;

– Right to rectification pursuant Art. 16 GDPR:
You shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning your person.

– Right to restriction of processing pursuant Art. 18 GDPR:
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; after we no longer need the personal data for the purposes of the processing, but you require the data for the establishment, exercise or defence of legal claims; or you have objected to processing pending the verification whether the legitimate grounds of the controller override yours.

Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence 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 you did obtain restriction of processing, you shall be informed by the controller before the restriction of processing is lifted.

– Right to be forgotten pursuant Art. 17 GDPR:
You have the right to obtain the erasure of your personal data where the grounds of Art. 17 (1) GDPR apply. However this right on deletion does apply to the extent that processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the performance of a task carried out in the public interest; or for reasons of public interest; for the establishment, exercise or defence of legal claims.

– Notification obligation pursuant Art. 19 GDPR:
The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. On request you shall also be informed about those recipients.

– Right to data portability according art. 20 GDPR
You are entitled to receive the personal data you provided us with in a structured, commonly used and machine-readable format or to demand transmission of those data to another controller, as far as technically possible;

– Right to withdraw his or her consent according art. 7 (3) GDPR:
You shall have the right to withdraw your consent to the procession of your personal data according to art. 6 (1) (e) or (f) GDPR at any time; this is also applicable for a profiling based on these provisions. You shall also be entitled for withdrawal of your data protection consent with future effect. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

– Right to lodge a complaint with a supervisory authority according art. 77 GDPR:
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

7.2. Right of objection

You shall be entitled for withdrawal of you consent for the procession of your data with future effect, if we process your data after a balancing of interest and the reason lies in our predominant legitimate interest.

In the case that you exercise your right of objection, we will terminate the procession of your data, unless predominant compelling and worthy of protection reasons are demonstrably opposed to the termination, or if the further procession serves the exercise or defence of legal claims.

8. Duration of storage of personal data

The duration of storage of identifiable data depends on the legal regulations. After such expiration we routinely delete the data, unless they are still required for performance or initiation of contract and/or a legitimate interest in the continuation of storage does not continue to exist.

WIDERRUFSRECHT

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen den Maklervertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Haben Sie verlangt, dass die Maklertätigkeit während der Widerrufsfrist beginnen soll, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

REVOCATION INSTRUCTION

Right of Revocation
You can revoke the brokerage agreement within fourteen days without giving reasons.

Revocation period shall be fourteen days from the day of contracting on.

To execute your right of revocation you have to give us an unambiguous statement (e.g. a letter sent by post, telefax or email) on your decision to revoke this agreement.

You may use the enclosed sample revocation form, but this is not obligatory.

It is sufficient to send your statement on the exercising of the right of revocation within this period to maintain the revocation period.

Consequences of revocation

In the case that you revoke this agreement, we will have to refund any payment we received from you immediately, however no later than fourteen (14) days from that day, we received the information on your revocation of this contract.

For this refunding we will use the same means of payment, which you used for the initial transaction, unless otherwise agreed upon; no fees will be charged on you for this refund.

In the case that you demanded that the brokerage activity should already start within the revocation period, you will have to pay us an appropriate amount representing the share of the services rendered up to that day on which you inform us on your wish to execute your right of revocation in proportion to the full scope of services agreed upon in the brokerage agreement.