Data Privacy Statement 

Welcome and thank you for visiting our website.

The protection of your personal data during the collection, processing and use on the occasion of your visit to our website is important for us.

Your data is protected within the framework of the General Data Protection Regulation (GDPR). Below you will find information on which data is collected during your visit to our website and how it is used.

 

In the course of the further development of our website and the implementation of new technologies to improve our services for you, changes to this data privacy statement may also be necessary. We therefore recommend that you read this data privacy statement again from time to time.

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I.  Name and address of the controller

The controller in the sense of the General Data Protection Regulation and other national data protection laws of the Member States as well as other provisions pertaining to data privacy and protection laws is:

 

German American Chamber of Commerce, Inc.
80 Pine Street, 24th Floor
New York, NY 10005, USA
Phone: +1 (212) 974-8830

Fax: +1 (212) 974 8867
Email: dataprivacy(at)gaccny.com
Website: www.gaccny.com 

 

II. Name and address of the representative in the EU

The representative of the controllers within the meaning of the General Data Protection Regulation in the EU is:

 

DIHK Deutscher Industrie- und Handelskammertag e.V.
Breite Straße 29
10178 Berlin

Germany
Phone: +49 30 20308-0
Fax: +49 30 20308-1000
Email: info(at)dihk.de
Website: www.dihk.de

 

III. General information regarding data processing

 

1. Scope of processing of personal data

In principle, we collect and use personal data of our users only to the extent it is required to provide a functioning website as well as for our content and services.  

 

The collection and use of personal data of our users is regularly only carried out with the consent of the respective user. An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of data is permitted by law.

 

2. Legal basis for the processing of personal data

To the extent that we obtain consent from the data subject for the processing of personal data, Section 6 Subsection 1 lit. a EU General Data Protection Regulation (GDPR) serves as legal basis for the processing of personal data. In the event that vital interests of the data subject or another natural person should make it necessary to process personal data, Section 6 Subsection 1 lit. d GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Section 6 Subsection 1 lit. f GDPR serves as the legal basis for such processing.

 

3. Data deletion and duration of storage

The personal data of the data subject will be deleted or blocked as soon as the purpose of such storage is no longer applicable. Furthermore, data may be stored if the European, US or German legislator has provided for this in ordinances, laws or other regulations to which the controller is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing such data for the purpose of entering into or fulfilling a contract.

 

IV. Provisioning of website and creation of logfiles

 

1. Description and scope of data processing

Any time our website is visited, our system collects data and information in an automated fashion from the computer system of the accessing computer. The following data is collected in the process:

(1) Information regarding the browser type and the version used

(2) The operating system of the user

(3) The internet service provider of the user

(4) The IP address of the user

(5) Date and time of access

(6) Websites through which the system of the user accesses our website

(7) Websites that are accessed by the user's system via our website

 

The data is also stored in the logfiles of our system. Such data is not stored together with other personal data of the user.

2. Legal basis for the processing of data

The legal basis for the temporary storage of data and the logfiles is Section 6 Subsection 1 lit. f GDPR.

 

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to facilitate delivery of the website to the computer of the user. To do so, the IP address of the user must remain stored for the duration of the session.

Logfiles are stored to ensure the functionality of the website. In addition, such data helps us to optimize the website and to protect the security of our information technology systems. An analysis of such logfile data for marketing purposes will not be carried out in this context.

These purposes also include our legitimate interest in data processing in accordance with Section 6 Subsection 1 lit. f GDPR.

 

4. Duration of storage

Data is deleted as soon as it is no longer required to fulfill the purpose of its collection. In the event of collection of data for the provisioning of the website this is the case whenever the respective session ends.

In the case of data storage in logfiles, this is the case after seven days at the latest. Storage beyond this period is possible. In this case the IP addresses of the users are deleted or scrambled, so that an assignment of the retrieving client is no longer possible.

 

5. Option for objection and removal

Collection of data for the provisioning of the website and storing of data in logfiles is required for the operation of the website. Consequently, the user has no option to object to such.

 

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. If a user retrieves a website, a cookie can be stored in the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is visited again.

We use cookies to make our website more user-friendly. Some elements of our website require the accessing browser to be able to be identified even after a page change.

In addition, we use cookies on our website, which enable an analysis of the surfing behavior of the users.

 

The following data is stored and transmitted in the cookies:

- Frequency of page visits

- Use of website functions

- Language settings

The user data collected in this way is pseudonymized by technical precautions. Therefore, it is no longer possible to assign the data to the retrieving user. Such data is not stored together with other personal data of the users.

 

2. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Section 6 Subsection 1 lit. f GDPR.

 

3. Purpose of data processing

The purpose of using technically required cookies is the ease of use of websites for the users. Some functions or our website cannot be provided without the use of cookies. For such it is necessary that the browser is also recognized when the user moves from one page to the next.

Analytical cookies are used for the purpose of improving the quality of our website and its content. Such cookies help us to find out how the website is used and thus to constantly optimize our offer.

These purposes also include our legitimate interest in processing personal data in accordance with Section 6 Subsection 1 lit. f GDPR.

4.  Duration of storage, option for objection and removal

Cookies are stored on the computer of the user and transmitted from such to our website. This is why you as the user have full control of the use of cookies. By changing your browser’s settings, you may disable or limit the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done in an automated fashion. If cookies are disabled for our website, it is possible that not all functions of the website may be used to the full extent.

VI. Email contact

 

1. Description and scope of data processing

It is possible to contact the AHK New York via the email addresses provided.

In this case, the user's personal data transmitted with the email will be stored. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the email communication.

 

2. Legal basis for the processing of data

The legal basis for the processing of data transmitted in the course of sending an email is Section 6 Subsection 1 lit. a GDPR.

 

3. Purpose of data processing

The processing of personal data from the input mask only helps us to process the contact that was established and the email communication that was sent by you. If contact is established via email, our required legitimate interest is also in the processing of such data.

Other personal data processed during the sending process only serve to prevent misuse of the contact form and to protect the security of our information technology systems.

 

4. Duration of storage

Data is deleted as soon as it is no longer required to fulfill the purpose of its collection.

For data sent via email, this is the case if the respective communication with the user is finished. The communication is finished if it can be deduced from the circumstances that the respective matter is clarified in a concluding fashion.

Other personal data collected during the sending process will be deleted after a period of three months at the latest.

VII.  Forwarding of personal data to third parties

Furthermore, personal data will only be forwarded to other third parties if this is provided for by the European, US or German legislator in ordinances, laws or other regulations to which the controller is subject and which take precedence over GDPR.

VIII. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of GDPR and you are entitled to the following rights in relation to the controller:

 

1. Right of information

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

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

 

(1) the purposes for which the personal data is processed

(2) the categories of personal data which 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 relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage;

(5) the existence of a right of rectification or deletion of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information as to the source of the data, if the personal data is not collected from the data subject;

(8) the existence of automated decision-making, including profiling, in accordance with Section 22 Subsections 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects 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 Section 46 GDPR in connection with the transfer.

 

2. Right of rectification

You have the right to obtain from the controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The controller shall make such correction without delay.

3. The right to restrict processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

 

(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims; or

(4) if you have lodged an objection to the processing pursuant to Section 21 Subsection 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

 

If the processing of personal data relating to you has been restricted, such data - apart from being stored - may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the European Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

 

4. Right of deletion

 

a) Obligation to delete

You may request the controller to delete personal data concerning you without delay and the controller is obligated to delete such data without delay if one of the following reasons applies:

(1) The personal data concerning you is no longer required for the purposes for which it was collected or otherwise processed.

(2) You revoke your consent on which the processing was based pursuant to Section 6 Subsection 1 lit. a or Section 9 Subsection 2 lit. a GDPR and there is no other legal basis for such processing.

(3) You submit an objection to the processing pursuant to Section 21 Subsection 1 GDPR and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Section 21 Subsection 2 GDPR.

(4) The personal data concerning you has been processed unlawfully.

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

(6) The personal data concerning you has been collected in relation to information society services offered, in accordance with Section 8 Subsection 1 GDPR.

b) Information to third parties

If the controller has made public the personal data concerning you and is obligated to delete such in accordance with Section 17 Subsection 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform controllers who process the personal data that you, as a data subject, have requested them to delete all links to such personal data or copies or replications of such personal data.

c) Exceptions

The right of deletion does not exist insofar as the processing is necessary

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

(2) to comply with a legal obligation requiring processing under European Union law or national law to which the controller is subject or to perform 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 field of public health pursuant to Section 9 Subsection 2 lit. h and i and Section 9 Subsection 3 GDPR;

(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Section 89 Subsection 1 GDPR, insofar as the right referred to in paragraph a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

 

5. Right to information

If you have exercised the right to rectify, delete or restrict the processing, the controller is obligated to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, deletion or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

 

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, standard and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that

(1) the processing is based on consent pursuant to Section 6 Subsection 1 lit. a GDPR or Section 9 Subsection 2 lit. a GDPR or on a contract pursuant to Section 6 Subsection 1 lit. b GDPR and

(2) the processing is carried out by means of automated procedures.

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

The right to data transferability shall not apply to processing of personal data which is 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 at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Section 6 Subsection 1 lit. e) or f) GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

Where personal data relating to you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You have the option to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.

 

8. Right to revoke your data protection consent

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

 

9. Automated case-by-case decision-making including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

(1) is necessary for entering into or executing a contract between you and the controller,

(2) is permitted by European Union or national legislation to which the controller is subject and if such legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

 

However, these decisions must not be based on special categories of personal data in accordance with Section 9 Subsection 1 GDPR, unless Section 9 Subsection 2 lit. a or g applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to effect the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

 

10. Right to appeal to 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 you reside in, you have your place of work, or in the place where the alleged infringement occurred, if you think that the processing of personal data relating to you is in breach of GDPR.

The supervisory authority receiving such a complaint shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Section 78 GDPR.

© 2020 German American Chamber of Commerce, Inc.