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Legal Information

Data Privacy Information & Compliance

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Data Privacy Information

I.  Name and address of the controller

The website is operated by DIHK and DIHK DEinternational GmbH, both located at Breite Straße 29, 10178 Berlin, as joint controllers for specific topics together with

Canadian German Chamber of Industry and Commerce Inc. (hereinafter referred to as "CGCIC")

480 University Ave, Suite 1500
Toronto, ON M5G 1V2
Canada

Tel: +1 (416) 598-3355
E-Mail: info(at)germanchamber.ca

Website: http://kanada.ahk.de/

We will be happy to provide you with excerpts from the joint controller agreement. Please contact ahk@ahk.de. Processing operations for which CGCIC is solely responsible are described below in Part B.

II. Name and address of the representative in the EU

As CGCIC is not based in the EU, it has appointed DIHK, Breite Straße 29, 10178 Berlin, as its EU representative in accordance with Art. 27 of the General Data Protection Regulation ("GDPR").

Website: www.dihk.de

III.            Name and Address of the Data Protection Officer

The data protection officer of the controller is: info@germanchamber.ca

IV.            Provision of the Website and Creation of Server Log Files

1.      Data Categories and Description of Data Processing

The following data is processed each time our website is accessed:

·       IP address;

·       Date and time of access;

·       Time zone difference to Greenwich Mean Time (GMT);

·       Specific website accessed;

·       Access status/HTTP status code;

·       Amount of data transferred in each case;

·       Website from which you came;

·       Browser;

·       Operating system and its interface;

·       Language and version of the browser software;

·       Internet service provider (collectively referred to as "server log files").

2.      Legal Basis and Purpose of Data Processing

The legal basis for the processing of your personal data when you use our website are the public tasks assigned to us is, Art. 6 (1) (e), (3) GDPR in conjunction with Section 10a IHKG, in particular the representation of the overall interests of associated businesses in the Federal Republic of Germany at national, European, and international level, the promotion of the economy, and the coordination and promotion of the AHK network, including delegate offices as well as representative offices, and the promotion of foreign trade of the Federal Republic of Germany. To promote this purpose, a functional website is provided, and the associated processing of personal data takes place.

3.      Data Retention

Server log files are deleted after seven days at the latest.

In the event of an error, logs are also generated, which are then stored for a period of 30 days for error analysis as well as problem tracking and are then deleted.

4.      Data Recipients

The server log files are accessible to those employees of the controller who are responsible for maintaining the website. In this context, employees of DIHK DEinternational GmbH may receive access to your personal data. For this reason,  CGCIC, DIHK, and DIHK DEinternational GmbH have concluded a data protection group agreement that regulates the processing and transfer of personal data within the AHK network.

We also use third-party services on our website. For more information about these services and the associated data processing, please visit Part B and the cookie settings.

V.            Website Analysis with PIWIK Pro Analytics Suite

1.      Data Categories and Description of Data Processing

We use Piwik PRO Analytics Suite as our website analysis software. We collect data about website visitors in the form of server log files and cookies. For an overview of the cookies placed in this context, please refer to the following link: https://help.piwik.pro/support/privacy/cookies-created-for-piwik-pro-users/. For a description of the server log files, please refer to Section IV.1.

2.      Legal Basis and Purpose of Data Processing

The purpose of using PIWIK PRO Analytics Suite is to track certain usage patterns, such as bounce rate, page views, and session duration, to understand how our website is used. We may also create visitor profiles based on browsing history to analyze visitor behavior, display personalized content, and conduct online campaigns. The legal basis for analytics and conversion tracking is your consent pursuant to Art. 6 (1) (a) GDPR.

3.      Data Retention

If you have provided us with your consent for analytics and conversion tracking, we will retain your personal data for a period of 25 months and then delete it thereafter, unless you withdraw your consent; in this case, we will no longer retain any personal data once we have received your withdrawal. Your withdrawal only takes effect for the future and has no effect on the previous processing of your data up to the time of your withdrawal.

4.      Recipients

The recipients of your personal data are employees of DIHK DEinternational GmbH and CGCIC who are responsible for maintaining the website. In addition, it may happen (e.g., in troubleshooting cases) that employees of PIWIK PRO Analytics Suite, CGCIC, and DIHK DEInternational GmbH receive access to your personal data. PIWIK PRO Analytics Suite uses third-party providers, some of which are based in the USA, to provide its services, so it is possible that your personal data may be transferred to these third-party providers. For more information, please refer to the PIWIK PRO privacy policy.

VI.            Use of cookies

1.      Data Categories and Description of Data Processing

We use Piwik PRO to manage consent and collect personal data via cookies for this purpose. We also use cookies to make our website more user-friendly. Cookies are small text files that are placed on your computer. For an overview of the cookies placed in this context, please refer to the following link: https://help.piwik.pro/support/privacy/cookies-created-for-visitors-by-piwik-pro/. Some of the cookies we place are deleted from your device at the end of your browser session ("session cookies"). In addition, we also set permanent cookies that remain on your device to recognize you, for example, when you visit our website again.

If cookies are set, they process certain user information to an individual extent, as described in the link.

You can control the use of cookies at any time through your browser settings, which provide you the option of deleting or blocking cookies. However, this may result in the functionality of our website being restricted. We also use social media buttons on our website; for more information, please refer to Part B (Social media buttons).

2.      Legal Basis and Purpose of Data Processing

The legal basis for the management of consent by PIWIK PRO is our legitimate interest of a legally compliant and usage-specific consent management pursuant to Art. 6 (1) (f) GDPR.

If personal data is processed through individual cookies placed by us, the processing is carried out on the following legal bases:

·       Necessary cookies: The processing of personal data through necessary cookies is based on our legitimate interests pursuant to Art. 6 (1) (f) GDPR, as these cookies are necessary for the proper functioning of the website. The placing of cookies is also based on Section 25 (2) No. 2 TDDDG, according to which the storage of information on your device or access to information already stored on your device is absolutely necessary for us to provide a digital service that you have expressly requested – our website. 

·       All other cookies: The placing of these cookies in accordance with Section 25 (1) TDDDG and the processing of personal data is based on your consent in accordance with Art. 6 (1) (a) GDPR. These cookies collect information about your use of our website, which we use to improve its functionality and your user experience.

3.      Data Retention

Data for consent management is stored for a period of 25 months.

You can find an overview of the cookies we place and their storage time at the following link: https://help.piwik.pro/support/privacy/cookies-created-for-visitors-by-piwik-pro/.

4.      Recipients

Your personal data will be accessed by those employees of the controller who are responsible for maintaining the website. In addition, it may happen (e.g., in troubleshooting cases) that employees of PIWIK PRO receive access to your personal data. Insofar as PIWIK PRO employees receive access to personal data, we implemented necessary arrangements to protect your personal data, in particular by concluding data processing agreements in accordance with Art. 28 GDPR, pursuant to which PIWIK PRO is obligated to maintain confidentiality.

VII.            Map Service

1.      Data Categories and Description of Data Processing

We have integrated the map service "OpenStreetMap" ("OSM") into our website. This is a service provided by the OpenStreetMap Foundation, based at St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom, which is the controller for OSM pursuant to Art. 4 No. 7 GDPR.

The map is displayed only after you have provided your consent. 

To display OSM, server log files are transmitted to the OpenStreetMap Foundation. For information on how your personal data is processed by the OpenStreetMap Foundation, please refer to the OpenStreetMap Foundation's privacy policy at https://osmfoundation.org/wiki/Privacy_Policy.

2.      Legal Basis and Purpose of Data Processing

The legal basis for the processing of your personal data is your consent in accordance with Art. 6 (1) (a) GDPR. The processing of your personal data serves to display a map for the purpose of location display and route planning.

3.      Data Retention

For information on processing and storage periods, please refer to: https://osmfoundation.org/wiki/Privacy_Policy

4.      Recipient

The OpenStreetMap Foundation is the recipient of your personal data.

VIII.            Automated Decision-Making and Profiling

Except for the processing described in section V, your personal data will not be processed by us for automated decision-making and/or profiling.

IX.            Obligation to Provide Personal Data

You may choose not to provide us with your personal data or provide us with incomplete data. In such cases, for example, if you prevent the placing of cookies, this may mean that you are unable to use all the features of our website. If you wish to become a member and do not provide us with your personal data, we may not be able to process your membership application.

 X.            Data Subject Rights

You can contact CGCIC directly either in writing or by email info@germanchamber.ca to exercise the following rights:

  • Information about your data to check and verify it
  • Receive a copy of your personal data
  • Correction, deletion, or restriction of processing; this also includes the right to complete incomplete or incorrect data by providing additional information,
  • Right to object to the processing; please note that Art. 21 GDPR provides you the right to object to the processing of personal data we process on the basis of legitimate interests in accordance with Art. 6 (1) (f) GDPR. You have the right to object to the processing of your personal data for reasons arising from your particular situation; if the objection is directed against the processing of personal data for direct marketing purposes, you have a general right to object without the need to specify a particular situation.
  • You can receive your provided personal data in a structured, commonly used, and machine-readable format and transmit this data to another controller, provided that the processing is based on your consent or on a contract.If you have provided us with your consent to process your personal data, you can withdraw this consent at any time with effect for the future.

    You also have the right to lodge a complaint with a supervisory authority in connection with the processing of your personal data. To exercise this right, you can contact the authority competent for your place of residence or the authority competent for CGCIC:

    The supervisory authority competent for our EU representative is the Federal Commissioner for Data Protection and Freedom of Information, Graurheindorfer Str. 153, 53117 Bonn.

    Persons located in Canada may also contact the Office of the Privacy Commissioner of Canada .

Currently Under Review:

Canadian Privacy Statement

1. Our Privacy Commitment

At the Canadian German Chamber of Industry and Commerce Inc. (the “German Chamber”), we are committed to protecting the privacy of your personal information. As part of this commitment, we have developed this Privacy Policy, which outlines the principles and guidelines by which the German Chamber operates to protect the personal information we collect, use, disclose or otherwise manage in the course of our operations. Our policy and practices have been put in place in order to comply with the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) and any other applicable law.

2. What personal information does the German Chamber collect?

In the course of conducting business with you, the German Chamber collects both personal and non-personal information. Personal information is any information that identifies you, or by which your identity could be deduced, including, without limitation, your name, e-mail address, home address, telephone number, age, marital status, gender, income, date of birth, credit card number, and any other information that identifies who you are or would allow someone to contact you. In general, personal information does not include publicly available information, such as business addresses and telephone numbers that are listed in a public directory or made available through directory assistance.

3. Identifying Purposes for Collection of Personal Information

3.1 The German Chamber will make a reasonable effort to specify the identified purposes, either orally or in writing, for which it collects, uses, or discloses your personal information at the time of collection or after collection but before use. The German Chamber will only collect information that is reasonably necessary for the following purposes, additional information may also be collected, with your permission, if appropriate:

(a) to register members and collect membership dues;

(b) to administer German Chamber memberships;

(c) to provide and to communicate information about German Chamber member benefits

and services, including, without limitation, sending out newsletters and other relevant information;

(d) to verify the identity of German Chamber members;

(e) to fulfill your requests for products, services or information;

(f) for transaction, billing, and record-keeping purposes;

(g) to provide quality customer service and determine your needs;

(h) to inform and/or register you for up-coming events, programs, and other opportunities that may be of interest;

(i) to update your contact information in the German Chamber database;

(j) to provide business information to jobseekers, institutions and other stakeholders;

(k) to measure and enhance the effectiveness of our marketing endeavors;

(l) to tailor our offerings to your preferences;

(m) to allow you to subscribe to our newsletter or mailing list;

(n) to protect you against fraud or error;

(o) to verify your identity for the purpose of obtaining access to our products and services;

(p) to meet legal, statutory and regulatory requirements; and

(q) such other purposes consistent with the foregoing purposes

3.2 If your personal information is to be used for a purpose not previously identified, the German Chamber will identify and document this purpose prior to such use and will provide you with an opportunity to opt out of this activity. The German Chamber will state the identified purposes in such a manner that you can reasonably understand how the information will be used and disclosed.

4. Use of cookies

4.1. We do use cookies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

4.2. Piwik Pro: We use Piwik PRO Analytics Suite as our website/app analytics software and consent management tool. We collect data about website visitors based on cookies. The collected information may include a visitor’s IP address, operating system, browser ID, browsing activity and other information. See the scope of data collected by Piwik PRO.

We calculate metrics like bounce rate, page views, sessions and the like to understand how our website/app is used. We may also create visitors’ profiles based on browsing history to analyze visitor behavior, show personalized content and run online campaigns.

We host our solution on Microsoft Azure in Germany, and the data is stored for 25 months.

The purpose of data processing: analytics and conversion tracking based on consent. Legal basis: Art. 6 (1)(a) GDPR.

Piwik PRO does not send the data about you to any other sub-processors or third parties and does not use it for its own purposes. For more, read Piwik PRO’s privacy policy.

5. Consent

5.1 We will only collect, use, and disclose your personal information with your consent except where otherwise permitted or required by law. Your consent is implied if we ask you to provide personal information with a stated purpose.

5.2 By providing the German Chamber with your personal information, you agree and consent that we may collect, use and disclose your personal information in accordance with this Privacy Policy. If you provide us with the personal information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such individual to enable us to collect, use and disclose such personal information for the purposes set forth in this Privacy Policy.

6. Withdrawing Consent

You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. Please note, however, that withdrawing your consent may affect our ability to provide you with the services, products or information that may be of value to you. To withdraw your consent, simply contact us at the e-mail address or address listed in Section 14.1 below.

7. Accuracy

7.1 The German Chamber will use its best efforts to ensure that personal information is kept as accurate, complete, and up-to-date as is necessary and possible for the purposes for which it is to be used. The German Chamber will provide individuals with reasonable access to their personal information and will update or correct any deficiency. The individual concerned can provide the German Chamber with particulars of any required updates or corrections. (There are limited exceptions to this which are set out in the PIPEDA legislation.)

7.2 The German Chamber will rely exclusively on the representations made by you in determining the completeness, accuracy, and timeliness of the personal information and will have no further obligation to seek independent verification of any personal information supplied by you to the German Chamber.

8. Security Safeguards

8.1 The German Chamber strives to ensure that its security measures will protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, regardless of the format in which the information is held. Such measures will vary depending on the sensitivity, amount, format, nature and storage of the information and will involve, as applicable, physical, administrative, technological, as well as electronic and online security measures.

8.2 The German Chamber assumes no liability if your personal information is stolen, intercepted, altered, misused or otherwise interfered with by a third party.

8.3 All employees of the German Chamber with access to personal information are required, as a condition of their employment, to keep such information confidential.

8.4 The German Chamber shall use reasonable efforts to ensure that upon disposal and/or destruction of records, confidentiality of information shall be maintained.

9. Third Party Links

The German Chamber’s website located at www.germanchamber.ca may provide links to third party websites as a convenience to the user. The inclusion of any link does not imply the German Chamber's endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend that you read carefully. We have no control over such websites and therefore assume no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose and otherwise treat your personal information.

10. Openness

The German Chamber is committed to being open about its policies and practices with respect to the collection and maintenance of personal information.We are pleased to answer any questions that you may have regarding the collection and maintenance of personal information. Please direct your inquiries to our Privacy Officer.

11. Limitations on Use, Disclosure and Retention of Personal Information

11.1 Personal information will not be used or disclosed for the purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal Information will be retained only for as long as is required or appropriate to fulfill the identified purpose.

11.2 The German Chamber will record any new purpose for which it has obtained an individual’s consent to use, retain or disclose information.

11.3 The German Chamber does not sell, rent or trade personal information. Personal information is only disclosed to third parties who have signed an agreement binding them to the German Chamber's Privacy Policy.

11.4 The German Chamber will establish criteria for the retention of personal information, including, as appropriate, minimum and maximum retention periods.

11.5 Personal information that has been used to make a decision about an individual will be retained for a reasonable period to allow the individual access to the information after the decision has been made.

12. Access to Personal Information

12.1 The German Chamber will respond to any requests for access to information within a within thirty (30) days of your inquiry. We will assist any individual who informs us that they require assistance in preparing a request. We will not, however, respond to frivolous or vexatious requests for access to information. At the time of your request, we will need specific information from you in order to verify your identity before we can provide you with the personal information we hold. We will advise you whether or not we hold your information, and will disclose that information along with particulars with respect to its source, unless such disclosure is prohibited by law.

12.2 While our response will typically be provided at no cost to the individual, depending on the nature of the request and the amount of information involved, the German Chamber reserves the right to impose a cost. In such circumstances, we will inform the individual of the approximate cost to provide the response and proceed upon payment by the individual of the cost. Requested information will be provided or made available to the individual in a form that is clear and understandable.

12.3 In providing an account of third parties to whom the German Chamber may have disclosed personal information about an individual, we will attempt to be as specific as possible. If it is not possible to provide a list of the organizations to which the German Chamber actually disclosed personal information, we will provide a list of organizations to which such information may have been disclosed.

12.4 If an individual successfully demonstrates the inaccuracy or incompleteness of personal information, the German Chamber will amend the information as required. If a challenge is not resolved to the satisfaction of the complainant, we will record the substance of the unresolved challenge. Where appropriate, the amended information or the existence of the unresolved challenge, as the case may be, will be transmitted to third parties having access to the information in question.

12.5 In certain circumstances, the German Chamber may be unable to provide access to some or all of the information it holds about an individual. Such circumstances include: (i) if disclosure would reveal confidential commercial information; (ii) if the information is protected by solicitor-client privilege; (iii) if the information was generated in the course of a formal dispute resolution process; or (iii) if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. Where permitted, the reasons for denying access to the personal information will be provided to the individual upon request.

13. Will this Privacy Policy change?

This Privacy Policy may be updated and revised from time to time. All changes to our Privacy Policy will be posted on this website. Whenever we update this Privacy Policy, we will change the date to reflect the last date of revision. This policy was last modified in February 2014.

14. Questions or Concerns

14.1 The German Chamber is responsible for all personal information under its control and has designated a Privacy Officer to oversee the German Chamber’s compliance with PIPEDA. Other individuals within the German Chamber may be responsible for the day-to day collection and processing of personal information and may be delegated to act on behalf of the Privacy Officer.

If you have any questions, concerns or complaints about our Privacy Policy or the privacy of your personal information, please contact

Canadian German Chamber of Industry and Commerce Inc. 
480 University Avenue, Suite 1500
Toronto, ON M5G 1V2,
Canada

Tel: (416) 598 - 3355

Fax: (416) 598 - 1840

Email: info@germanchamber.ca

14.2 The German Chamber will investigate all complaints as expeditiously as possible and, if a complaint is found justified, we will take all appropriate measure to resolve the matter to the satisfaction of the complainant.

14.3 If the German Chamber does not resolve the matter to your satisfaction, you may contact:

The Privacy Commissioner of Canada
112 Kent St
Ottawa, ON K1A 1H3
Canada

Compliance

Due to the high complexity of legal and regulatory requirements, the topic compliance became increasingly relevant to companies within every industry sector. This particularly applies to companies being active in an international context, that need to follow specific requirements and obligations and are as such exposed to higher risks with potentially drastic consequences.

In the interest of its members, clients and business partners, CGCIC and its Board of Directors therefore take this challenge very seriously. Compliance describes internal company measures, that ensure a lawful conduct of the management and the employees of a company in accordance with all applicable laws and internal guidelines. A Compliance Management System should furthermore aim to enforce an effective monitoring and control mechanism for a lawful behaviour of all employees.

Last, it shall ensure that the management is equipped with the proper instruments to react to potential violations. In order to achieve these objectives, CGCIC and its Board of Directors established a comprehensive set of internal company policies that cover the applicable laws to provide all employees and the management with reliable instructions for all areas of CGCIC’s day-to-day activities, thus ensuring a higher degree of protection against legal risks.

CGCIC’s internal policies established a reporting mechanism that ensures all occurrences within the company are reported to the management in a timely manner. Furthermore, the Audit Committee of CGCIC’s Board of Directors will regularly address the company’s compliance, whereby the established company policies will be reviewed by an independent audit firm on a regular basis.

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