Data protection information for customers, contractual partners and interested parties

Data protection information on our processing of customer and prospective customer data in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

Dear customer, dear interested party, dear contractual partner,

In accordance with the provisions of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of your personal data as well as your rights under data protection law in this regard. Which data is processed in detail and how it is used depends largely on the requested or agreed services. In order to ensure that you are fully informed about the processing of your personal data in the context of the performance of a contract or the implementation of pre-contractual measures, please take note of the following information.

1.RESPONSIBLE PARTY IN THE SENSE OF DATA PROTECTION LAW

finway GmbH

Josef-Hunger Way 16

82061 Neuried

E-mail: info@finway.de

Tel: +49 (0) 157 57112363

Represented by: Csaba Krümmer, Jennifer Dussileck

2.PURPOSES AND LEGAL BASIS OF PROCESSING

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), insofar as this is necessary for the establishment, implementation or performance of a contract, as well as for the implementation of pre-contractual measures. Insofar as personal data is required for the initiation or implementation of a contractual relationship or in the context of the implementation of pre-contractual measures, processing is lawful pursuant to Art. 6 (1) lit. b GDPR.

If you give us express consent to process personal data for specific purposes (e.g., disclosure to third parties, evaluation for marketing purposes, or addressing you by e-mail for advertising purposes), the lawfulness of this processing is based on your consent pursuant to Art. 6 (1) a GDPR. Consent given can be revoked at any time with effect for the future (see section 8 of this data protection information).

If necessary and legally permissible, we process your data beyond the actual contractual purposes for the fulfillment of legal obligations pursuant to Art. 6 para. 1 lit. c GDPR. In addition, processing may be carried out to protect our legitimate interests (e.g. direct advertising) and to defend and assert legal claims pursuant to Art. 6 (1) f GDPR. If necessary, we will inform you separately, stating the legitimate interest, insofar as this is required by law.

3.CATEGORIES OF PERSONAL DATA

We only process data that is related to the establishment of the contract or the pre-contractual measures. This may be general data about you or persons in your company (name, address, contact details, etc.) as well as, if applicable, other data that you provide to us as part of the establishment of the contract.

4.SOURCES OF THE DATA

We process personal data that we receive from you in the course of contacting you or establishing a contractual relationship or in the course of pre-contractual measures.

5.RECIPIENTS OF THE DATA

We disclose your personal data within our company exclusively to the areas and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interest.

We may transfer your personal data to our affiliated company finway Inc. to the extent permitted under the purposes and legal bases set out in section 2 of this Privacy Information. We process data under joint responsibility in accordance with Art. 26 GDPR. A corresponding agreement was concluded on 04.05.2021 and can be viewed upon request.

Your personal data is processed on our behalf on the basis of order processing contracts in accordance with Art. 28 GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. For data transfers to the USA, security is ensured through the use of the EU standard contractual clauses.

Otherwise, data will only be transferred to recipients outside the company if this is permitted or required by law, if the transfer is necessary for the execution and thus the fulfillment of the contract or, at your request, for the implementation of pre-contractual measures, if we have your consent or if we are authorized to provide information. Under these conditions, recipients of personal data may be, for example:

– External tax consultant

– Public authorities and institutions (e.g. public prosecutor’s office, police, supervisory authorities, tax office) in the event of a legal or official obligation

6.TRANSMISSION TO A THIRD COUNTRY

Personal data will only be transferred to countries outside the EEA (European Economic Area) or to an international organization if this is necessary for processing and thus fulfilling the contract or, at your request, for carrying out pre-contractual measures, if the transfer is required by law or if you have given us your consent. In these cases, the recipients include finway Inc, 1968 Dolphin Dr, Aptos CA 95003, USA.

7.DURATION OF DATA STORAGE

To the extent necessary, we process and store your personal data for the duration of our business relationship or for the fulfillment of contractual purposes. This includes, but is not limited to, the initiation and execution of a contract.

In addition, we are subject to various storage and documentation obligations, which result, among other things, from the German Commercial Code (HGB) and the German Fiscal Code (AO). The periods prescribed there for storage or documentation are two to ten years.

Finally, the storage period also depends on the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB), are generally three years, but in certain cases can be up to thirty years.

8.YOUR RIGHTS

Every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to notification under Article 19 of the GDPR and the right to data portability under Article 20 of the GDPR.

In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 GDPR if you believe that the processing of your personal data is not lawful. The right of appeal is without prejudice to any other administrative or judicial remedy.

If the processing of data is based on your consent, you are entitled to revoke your consent to the use of your personal data at any time in accordance with Art. 7 GDPR. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected. Please also note that we may have to retain certain data for a certain period of time in order to comply with legal requirements (see section 7 of this data protection information).

Right of objection

Insofar as the processing of your personal data is carried out for the protection of legitimate interests pursuant to Art. 6 (1) lit. f GDPR, you have the right to object to the processing of this data at any time for reasons arising from your particular situation pursuant to Art. 21 GDPR. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These must override your interests, rights and freedoms, or the processing must serve the assertion, exercise or defense of legal claims.

In individual cases, we process your personal data to conduct direct marketing. You have the right to object at any time to processing for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct advertising. If you object to processing for the purpose of direct advertising, we will no longer process your personal data for these purposes.

To exercise your rights, you can contact us using the contact details provided in section 1.

9.NECESSITY OF PROVIDING PERSONAL DATA

The provision of personal data for the decision on the conclusion of a contract, the performance of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make a decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the performance of the contract or pre-contractual measures.

10.AUTOMATED DECISION-MAKING

For the establishment, fulfillment or implementation of the business relationship as well as for pre-contractual measures, we generally do not use fully automated decision-making pursuant to Art. 22 GDPR. Should we use these procedures in individual cases, we will inform you separately about this or obtain your consent, if this is required by law.

 

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