Internet service for the Annual General Meeting 2019 of home24 SE

Information on data protection for shareholders

The company, as the responsible body within the meaning of Article 4 no. 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (the “General Data Protection Regulation”), processes personal data (first and last name, title, address, e mail address, number of shares, class of shares, type of ownership of shares and number of the admission ticket) based on applicable data protection laws. In addition, the company also processes personal data of a proxy nominated by a shareholder, if any (in particular such proxy’s name and place of residence). If a shareholder or proxy contacts the company, the company also processes the personal data required to respond to any inquiries (such as the contact information provided by the shareholder or proxy, e.g., telephone numbers).

Depending on individual cases, this may also apply to additional personal data. For example, the company processes information on motions, questions, election proposals and requests from shareholders at the general meeting. In the event of countermotions and election proposals which must be made publicly available, the company will also publish such proposals together with the shareholder’s name, online at
https://www.home24.com/websites/homevierundzwanzig/English/4300/publications.html

The processing of personal data of shareholders is mandatory pursuant to the Articles 53 et seq. of the SE Regulation in conjunction with Sections 118 et seq. of the German Stock Corporation Act as well as Section 50 of the German SE Implementation Act in order to prepare, carry out and follow up on the general meeting, and to enable shareholders to exercise their rights in connection with the general meeting. Without the provision of such personal data, a participation of shareholders at the general meeting and the exercise of voting rights and other rights in connection with the general meeting would not be possible. The German SE Implementation Act as well as the German Stock Corporation Act, in each case in conjunction with Article 6 para. 1 c) of the General Data Protection Regulation, form the legal basis for the processing. Given that all shares in the company are bearer shares, the company does, however, point out that shareholders may be represented by a bank (Article 53 of the SE Regulation in conjunction with Section 135 para. 5 of the German Stock Corporation Act), a shareholders’ association or any other person or institution equal thereto pursuant to Article 53 of the SE Regulation in conjunction with Section 135 para. 8 of the German Stock Corporation Act or Article 53 of the SE Regulation in conjunction with Section 135 para. 10 in conjunction with Section 125 para. 5 of the German Stock Corporation Act, while maintaining their anonymity and without providing personal data, respectively.

The company may also process personal data to fulfil other legal obligations, such as regulatory requirements as well as obligations to retain data under stock corporation laws, securities laws, commercial laws and tax laws. The relevant statutory provisions in conjunction with Article 6 para. 1 sentence 1 c) of the General Data Protection Regulation form the legal basis for such processing.

The company’s service providers that are commissioned for the purpose of organizing the general meeting only receive personal data from the company to the extent such data is required to provide the requested services and only process the data in accordance with instructions from the company.

Furthermore, personal data is made available to the shareholders and shareholder representatives in accordance with applicable laws, namely in the form of the list of participants. Shareholders and shareholder representatives have the right to inspect the list of participants during the general meeting (Article 53 of the SE Regulation in conjunction with Section 129 para. 4 sentence 1 of the German Stock Corporation Act) and for a period of up to two years after the general meeting (Article 53 of the SE Regulation in conjunction with Section 129 para. 4 sentence 2 of the German Stock Corporation Act).

The company does not use personal data recorded in connection with the general meeting for any decision based on automated processing (profiling) within the meaning of Article 4 no. 4 of the General Data Protection Regulation.

The company and the service providers ordered to do so, respectively, generally receive personal data of shareholders via the registration office of the credit institutions such shareholders have commissioned to hold their shares in the company (so called custodian banks).

The storage period for the data recorded in connection with the general meeting regularly amounts to up to three years, unless the company is legally required to provide evidence and retain data for a longer period of time or where the company has a legitimate interest in further retention, for example in case of judicial and extrajudicial disputes in connection with the general meeting. After the expiration of the relevant period, personal data will be deleted.

If certain statutory requirements are met, shareholders have information, correction, limitation, objection and deletion rights with respect to their personal data and the processing thereof, respectively. If personal data of shareholders is inaccurate or incomplete, such shareholders have the right to request a correction and supplement. Shareholders may at any time request the deletion of their personal data, unless the company is legally required or entitled to further process their data. Furthermore, shareholders have a right to data portability pursuant to Chapter III of the General Data Protection Regulation.

Shareholders can assert these rights vis à vis the company free of charge via the following contact details, which also allow shareholders to contact the company with respect to questions on data protection:

home24 SE
Greifswalder Straße 212-213
10405 Berlin
Germany
Telefax: +49 30 2016329499

Moreover, shareholders have the right to file a complaint with the data protection supervisory authorities pursuant to Article 77 of the General Data Protection Regulation. The data protection supervisory authority responsible for the company is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
10969 Berlin
Germany
Tel.: +49 30 13889 0
Fax: +49 30 2155050
E Mail: mailbox@datenschutz berlin.de

The company’s operative data protection officer can be contacted at:

home24 SE
Greifswalder Straße 212-213
10405 Berlin
Germany
E-Mail: datenschutzbeauftragter@home24.de

This convocation has been provided for publication to such media as can be expected that they will disseminate the information throughout the entire European Union.

Berlin, May 2019
home24 SE
The management board

Legal notice/Exclusion of liability

Proxy and voting instructions to the Company proxies appointed by the company

home24 SE offers you the option of Mr. Bernhard Orlik and Mr. Jörg Engmann, both employees of Link Market Services GmbH, Munich, to represent you individually and with the right to grant sub-proxies, as Company proxies appointed by the company during the Annual General Meeting of home24 SE on June 19, 2019 and to exercise your voting rights according to your voting instructions, disclosing your name.
The Company proxies are entitled to vote only to the extent that you expressly instructed them in your proxy on the individual resolution proposals made by the Management under the Agenda items. The proxy holders are obliged to vote according to your instructions given to them on the Management’s resolution proposals as published in the Agenda. Only one instruction may be given on each matter for resolution. If you will not issue explicit voting instructions with respect to any items on the Agenda, the proxy holders will, depending on the voting procedure, abstain from voting or not participate in the voting with respect to such items.
Shareholders granting home24 SE’s Company proxies a proxy and/or issue voting instructions will be included in the attendance register with reference to their being represented by the Company proxies (open power of attorney).
If proxy and voting instructions are not complete or not correctly filled in, or if they are not formally valid, the pertaining votes shall not be represented by the Company proxies during the Annual General Meeting.
home24 SE’s Company proxies will not use the voting rights granted to them to vote on any counter-motions or votes (such as procedural motions), which had not been known ahead of the Annual General Meeting.
It is not possible to instruct Company proxies appointed by the company to make an objection, file a motion or ask questions during the Annual General Meeting.
If the Company receives authorisations and instructions for Company proxies by several means of transmission (post, fax, e-mail or internet), the last formally valid proxy with relevant instructions received will be considered binding.
The personal attendance of a shareholder or an authorised third party at the Annual General Meeting will be deemed to constitute a revocation of proxy to the Company proxies.
The online shareholder service will be available until June 18, 2019 (midnight).
The technical and organizational measures home24 SE has taken to ensure the functioning of our online shareholder service conform to the latest standards. However, home24 SE would like to stress that the stability and availability of the services according to the latest technology may be subject to fluctuations. home24 SE shall not be responsible or liable for the functioning and local availability of the online shareholder service or for the permanent accessibility of the telecommunications network and internet services. The responsibility for these matters is outside of home24 SE’s scope of influence. If home24 SE should find that its online shareholder service, and/or the data saved in order to provide these services have been subject to unauthorized interference, home24 SE reserves the right to interrupt, or terminate prematurely, the online shareholder service without further notice. In such a case, home24 SE will only consider such proxies and instructions transmitted over the online shareholder service, if it can be excluded that they have been tampered with. home24 SE therefore recommends to use the online services for granting proxy and issuing instructions in due time, so that – should these services be unavailable – the option of granting proxy and issuing instructions can still be taken in writing (by post or fax).