Below you will find the privacy policy for the website https://finiqua.com .
We, Finiqua Finance Ltd, together with our subsidiaries (hereinafter jointly referred to as “the company”, “we” or “us”) take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection in our company.
As part of our data protection responsibilities, we have been given additional obligations to ensure the protection of personal data of the data subject (we also refer to you as the data subject as “customer”, “user”, “you”, “you” or “data subject”).
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the. With this declaration we inform you about the way in which your personal data is processed by us.
Our data protection information has a modular structure. They consist of a general section for all processing of personal data and processing situations that apply each time a website is accessed (A. General) and a special section, the content of which relates only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites described in more detail here (B. Visit to websites).
A. General information
(1) Definitions
This data protection notice is based on the following definitions:
-“Personal data” means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if they can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or information relating to their physical, physiological, genetic, mental, economic, cultural or social identity. Identifiability can also be achieved by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or audio recordings can also contain personal data).
-“Processing” means any operation which is performed on personal data, whether or not by automated means (i.e. using technical specifications). This includes, in particular, the collection (i.e. acquisition), recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data, or alteration of the purposes for which they were originally processed.
-Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
-A “third party” is any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other legal entities belonging to the group.
-A “processor” a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.
-Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
-“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
-“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or
-“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
(2) Name and address of the controller
We are the controller responsible for the processing of your personal data :
Finiqua Finance Ltd
2850 Shaughnessy Street
Unit 2300
Port Coquitlam Bc V3c 6k5
Canada
e-mail: contact@finiqua.com
For further information about our company, please refer to the legal notice on our website https://finiqua.com/legal-notice/.
(2a) Data protection representative and data protection officer
We have appointed a data protection officer for our company. This person also acts as our data protection representative in the EU. You can reach him at:
SBS DATA PROTECT GmbH
by the Managing Director Mr Thilo Noack
Hans-Henny-Jahnn-Weg 49, DE-22085 Hamburg
E-mail: noack@sbs-data.de
3) Legal basis for data processing
In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:
–If the data subject has voluntarily, in an informed and unambiguous manner, by means of a statement or other unambiguous affirmative act, indicated that they consent to the processing of personal data concerning them for one or more specific purposes;
–If the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
–If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to retain data);
–If processing is necessary in order to protect the vital interests of the data subject or another natural person;
–If the processing 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, or
– If the processing is necessary for the purposes of the legitimate (in particular legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or rights of the data subject (in particular where the data subject is a minor).
For the processing operations we carry out, we indicate the applicable legal basis in each case below. Processing can also be based on several legal bases.
(4) Data erasure and storage duration
For the processing operations carried out by us, we indicate below how long the data is stored by us and when it is deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies.
However, data may be stored beyond the specified period in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we as the controller are subject. If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
(5) Data security
We use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TLS encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and effects) for the data subject. Our security measures are continuously improved in line with technological developments.
(6) Cooperation with processors
As with any large company, we also use external domestic and foreign service providers to process our business transactions (e.g. for IT, telecommunications, sales and marketing). These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection regulations.
If your personal data is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.
(7) Requirements for the transfer of personal data to third countries
As part of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located in third countries. Such processing takes place exclusively to fulfil contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer at the relevant points below.
Some third countries are certified as having an adequate level of data protection by means of so-called adequacy decisions. However, in other third countries to which personal data may be transferred, there may not be a uniformly high level of data protection due to a lack of legal provisions. In this case, we ensure that data protection is adequately guaranteed. This is possible through binding corporate rules, standard contractual clauses for the protection of personal data, certificates or recognized codes of conduct.
(8) No automated decision-making (including profiling)
We do not intend to use personal data collected from you for automated decision-making (including profiling).
(9) No obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products presented below and offered by us, you will be informed of this separately.
(10) Legal obligation to transmit certain data
We may be subject to a special legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public authorities.
(11) Your rights
You can assert your rights as a data subject with regard to your processed personal data at any time by contacting us using the contact details provided at the beginning under A.(2).
-You have the right to request information about your data processed by us. In particular, you can request information about the purposes of processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details;
-You have the right to demand the immediate correction of incorrect data or the completion of your data stored by us;
-You have the right to demand the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
-You have the right to demand the restriction of the processing of your data insofar as the accuracy of the data is disputed by you or the processing is unlawful;
-You have the right to receive your data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller (“data portability”);
-You have the right to object to the processing. This is particularly the case if the processing is not necessary for the fulfilment of a contract with you. If it is not an objection to direct advertising, we ask you to explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or point out to you our compelling reasons worthy of protection on the basis of which we will continue the processing;
-You have the right to withdraw your consent once given to us i.e. your voluntary, informed and unequivocal consent to the processing of the personal data concerned for one or more specific purposes, if you have given such consent – at any time by means of a declaration or other unambiguous confirmatory act. The consequence of this is that we may no longer continue the data processing based on this consent in the future and
-You have the right to complain to a data protection supervisory authority about the processing of your personal data in our company.
(12) Changes to the data protection information
As part of the ongoing development of data protection law and technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be amended or supplemented. You will be informed of any changes, in particular on our website.
B. Visiting our website
(1) Explanation of the function
Information about our company and the services we offer can be found in particular at www.finiqua.com together with the associated subpages (hereinafter collectively referred to as “websites”). When you visit our websites, your personal data may be processed.
(2) Processed personal data
We collect, store and process the following categories of personal data when you use the website for information purposes:
“Log data”: When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymised on our web server. This consists of:
-the page from which the page was requested (so-called referrer URL)
– the name and URL of the requested page
-the date and time of the call
-Description of the type, language and version of the web browser used
-the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
-the amount of data transferred
-the operating system
-the message whether the call was successful (access status/Http status code)
-the time zone difference
“Contact form data”: When contact forms are used, the data transmitted through them is processed (e.g. surname and first name, email address, content data and the time of transmission).
(3) Purpose and legal basis of data processing
We process the aforementioned personal data in accordance with the applicable data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on legitimate interests, we will explain this.
The processing of protocol data is used for statistical purposes and to improve the quality of our website, in particular the stability and security of the connection.
The processing of contact form data is used to process inquiries.
(4) Duration of data processing
Your data will only be processed for as long as is necessary to fulfil the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to point A.(4).
Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.
You can find more details on the storage period under A.(4).
(5) Transfer of personal data to third parties; basis for justification
The following categories of recipients, which are usually processors (see A.(6)), may have access to your personal data:
-We use data processing service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security).
-Government bodies/authorities, insofar as this is necessary to fulfil a legal obligation.
-Persons engaged to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures).
For guarantees of an adequate level of data protection when data is transferred to third countries, see A.(7).
In addition, we will only pass on your personal data to third parties if you have given your express consent.
(6) Contact form
If you send us enquiries via the contact form, your message/message (comment), including the contact details you provide there, will be stored and processed by us for the purpose of processing and answering the enquiry and in the event of follow-up questions. We will not pass this data on to third parties unless this is necessary in the context of processing and responding to your contact enquiry or you have given us your consent to do so. If you contact us as part of an existing contractual relationship or contact us in advance for information about our range of services or our other services, the data and information you provide will be processed for the purpose of processing and responding to your contact enquiry. Otherwise, to safeguard our legitimate interests for the appropriate response to customer/contact enquiries.
The data you enter in the contact form will remain with us until the purpose for data storage/processing no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.
(8) Data protection information for applicants
We are pleased that you are interested in us and are applying or have applied for a position in our company. We would like to provide you below with information on the processing of your personal data in connection with the application.
Which of your data do we process? And for what purposes?
We process the data you have sent us in connection with your application in order to check your suitability for the position (or other open positions in our company, if applicable) and to carry out the application process.
On what legal basis is that based?
The processing of data required in connection with the decision to establish an employment relationship is permissible.
If the data is required after the application process has been completed, for example for legal proceedings, in particular to protect legitimate interests, the data will be stored. In this case, we have an interest in asserting or defending against claims.
How long will the data be stored?
Data of applicants will be deleted after 6 months in case of rejection.
In the event that you have agreed to further storage of your personal data, we will transfer your data to our applicant pool. There, the data will be deleted after two years.
If you have been awarded a position during the application process, the data from the applicant data system will be transferred to our personnel information system.
To which recipients is the data passed on?
Your application data will be reviewed by the HR department after receipt of your application. Suitable applications are then forwarded internally to the department heads for the respective open position. The further procedure is then coordinated. In principle, only those persons in the company have access to your data who need this for the proper course of our application procedure.
Status of the privacy policy: 20.11.2024