Data protection information; Foreword
We, WH Capital GmbH 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 inform you here about data protection in our company.
As part of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”) to ensure the protection of personal data of the person affected by processing (we also refer to you as the data subject hereinafter as “customer”, “user”, “you”, “you” or “data subject”).
Insofar as we decide on the purposes and means of data processing either alone or jointly with others, this includes above all the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 GDPR). With this declaration (hereinafter: “data protection information”), we inform you about the way in which your personal data is processed by us.
Our data protection information has a modular structure. It consists 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).
In accordance with the model of Art. 4 GDPR, this data protection notice is based on the following definitions:
– “Personal data” ( Art. 4 No. 1 GDPR) 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” (Art. 4 No. 2 GDPR) means any operation which involves handling personal data, whether or not by automated means (i.e. using technical procedures). 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” (Art. 4 No. 7 GDPR) 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.
– “Third party” (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; this also includes other legal entities belonging to the group.
– “Processor” (Art. 4 No. 8 GDPR) is 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” (Art. 4 No. 11 GDPR) 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.
We are the controller responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:
WH Capital GmbH, registered in the Commercial Register of the Hamburg District Court under the number HRB 183699
Ballindamm 3
20095 Hamburg
info@wh-investments.com
For further information about our company, please refer to the imprint information on our website [Imprint].
Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection. His contact details are
Dr. Daniel Schwiete
WH Capital GmbH
Ballindamm 3
20095 Hamburg
info@wh-investments.com
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:
– Art. 6 para. 1 sentence 1 lit. a GDPR (“consent”): Where the data subject has voluntarily, in an informed and unambiguous manner, indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
– Art. 6 para. 1 sentence 1 lit. b GDPR: 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;
– Art. 6 para. 1 sentence 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to retain data);
– Art. 6 para. 1 sentence 1 lit. d GDPR: Where processing is necessary in order to protect the vital interests of the data subject or of another natural person;
– Art. 6 para. 1 sentence 1 lit. e GDPR: If 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
– Art. 6 para. 1 sentence 1 lit. f GDPR (“Legitimate interests”): Where processing is necessary for the purposes of the legitimate interests (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 which require protection of personal data (in particular where the data subject is a minor).
The storage of information in the end user’s terminal equipment or access to information that is already stored in the terminal equipment is only permitted if it is covered by one of the following justifications:
– Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. Consent must be given in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR;
– Section 25 (2) no. 1 TTDSG: If the sole purpose is to carry out the transmission of a communication over a public telecommunications network or
– Section 25 para. 2 no. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.
For the processing operations we carry out, we indicate the applicable legal basis in each case below. Processing may also be based on several legal bases.
For the processing operations carried out by us, we indicate below how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be erased or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will only be stored on our servers in Germany, subject to any disclosure in accordance with the provisions in A.(7) and A.(8).
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 statutory provisions to which we are subject as the controller (e.g. Section 257 HGB, Section 147 AO). 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.
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 impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see under A.(3)).
As with any large company, we also use external domestic and foreign service providers to process our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection regulations in accordance with Art. 28 GDPR.
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.
As part of our business relationships, your personal data may be passed on or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively to fulfil contractual and business obligations and to maintain your business relationship with us (legal basis is Art. 6 para. 1 lit. b or lit. f in each case in conjunction with Art. 44 ff. GDPR). We will inform you about the respective details of the transfer at the relevant points below.
The European Commission certifies that some third countries have data protection standards comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). In other third countries to which personal data may be transferred, however, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible via binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46 para. 1, 2 lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en), certificates or recognised codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.
We do not intend to use personal data collected from you for automated decision-making (including profiling).
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.
Under certain circumstances, we may be subject to a specific legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public authorities (Art. 6 para. 1 sentence 1 lit. c GDPR).
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). As the data subject, you have the right
– to request information about your data processed by us in accordance with Art. 15 GDPR. 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;
– in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us
– in accordance with Art. 17 GDPR, to demand the erasure of your data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims
– in accordance with Art. 18 GDPR, to demand the restriction of the processing of your data if the accuracy of the data is disputed by you or the processing is unlawful;
– in accordance with Art. 20 GDPR, 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”)
– in accordance with Art. 21 GDPR, to object to the processing if the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. 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;
– in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given to us at any time (including before the GDPR came into force, i.e. before 25 May 2018) – i.e. your voluntary, informed and unequivocal declaration or other unambiguous confirmatory act that you consent to the processing of the personal data concerned for one or more specific purposes, if you have given such consent. As a result, we may no longer continue the data processing that was based on this consent in the future and
– in accordance with Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us: [Responsible data protection supervisory authority], [address], e-mail: [e-mail address].
As part of the further development of data protection law and technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes, in particular on our German website at [address of the company’s website]. This data protection notice is valid as of [month and year of publication of the data protection notice].
You can obtain information about our company and the services we offer in particular at www.wh-investments.com together with the associated subpages (hereinafter jointly referred to as “websites”). When you visit our websites, your personal data may be processed.
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). As the data subject, you have the right
– to request information about your data processed by us in accordance with Art. 15 GDPR. 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;
– in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us
– in accordance with Art. 17 GDPR, to demand the erasure of your data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims
– in accordance with Art. 18 GDPR, to demand the restriction of the processing of your data if the accuracy of the data is disputed by you or the processing is unlawful;
– in accordance with Art. 20 GDPR, 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”)
– in accordance with Art. 21 GDPR, to object to the processing if the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. 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;
– in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given to us at any time (including before the GDPR came into force, i.e. before 25 May 2018) – i.e. your voluntary, informed and unequivocal declaration or other unambiguous confirmatory act that you consent to the processing of the personal data concerned for one or more specific purposes, if you have given such consent. As a result, we may no longer continue the data processing that was based on this consent in the future and
– in accordance with Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us: [Responsible data protection supervisory authority], [address], e-mail: [e-mail address].
As part of the further development of data protection law and technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes, in particular on our German website at [address of the company’s website]. This data protection notice is valid as of [month and year of publication of the data protection notice].
Information about our company and the services we offer can be found in particular at www.wh-investments.com together with the associated subpages (hereinafter jointly referred to as “websites”). When you visit our websites, your personal data may be processed.
The following categories of personal data are collected, stored and processed by us when the websites are used 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 request
– the description of the type, language and version of the web browser used
– the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
– the amount of data transferred
– the operating system
– the message as to whether the request was successful (access status/Http status code)
– the GMT time zone difference
We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 para. 1 sentence 1 lit. f GDPR, the purposes mentioned also represent our legitimate interests.
The processing of log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 sentence 1 lit. a or lit. f GDPR).
If the processing of the data requires the storage of information in your terminal equipment or access to information that is already stored in the terminal equipment, ยง 25 para. 1 , 2 TTDSG is the legal basis for this.
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.(5) and the cookie policy [link to the cookie policy].
Third parties used 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.
The following categories of recipients, which are generally processors (see A.(7)), may receive access to your personal data:
– Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for computer centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR, unless they are processors;
– Government bodies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. c GDPR;
– Persons engaged to conduct our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
For the guarantees of an appropriate level of data protection when transferring data to third countries, see A.(8).
In addition, we will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
