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Data Protection

Data Protection

GREEN WHALE TRADE LIMITED, Unit 09, 20/F, 118 Connaught Rd West, Hong Kong, (subsequently referred to as “We”), as the website’s operator, is responsible for the personal data of this website’s user (subsequently referred to as “You”). We have therefore implemented numerous technical and organisational measures in accordance with the state of the art to ensure that the personal data processed via this website is protected as fully as possible. In this way, we comply with the statutory provisions of data protection legislation and protect the data we process against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons. The security measures include in particular the encrypted transmission of data between your browser and our server.

This data protection declaration informs you about the type, scope and purpose of the processing of personal data within our online offer and the linked websites, functions and contents (hereinafter collectively referred to as the "Online Offer" or "Website"). The data protection declaration applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which the online offer is implemented.

  1. Collection of personal data
    • Regarding the terms used, such as "personal data" or its "processing", for instance, we refer to the definitions in Section 4 of the General Data Protection Regulation ("GDPR").
    • As a rule, our website can be used without providing personal data. Insofar as personal data (e. g. name, address or e-mail addresses) are collected on our pages, this is always done, as far as possible, on a voluntary basis.
    • However, some of the personal data also includes information about your use of our website (so-called server log files). In this connection, we collect the following data each time our website is accessed:
  • browser types and versions used;
  • the operating system used by the accessing system;
  • the website from which an accessing system reaches our website;
  • the sub-websites redirected to our website via an accessing system;
  • the date and time when the website was accessed;
  • an internet protocol address (IP address) and
  • the accessing system’s internet service provider.
    • The use of this data and information does not allow us to draw conclusions about your person. Rather, we need this information to
  • deliver the contents of our website correctly;
  • optimize the content of our website and its advertising;
  • ensure the long-term functionality of our information technology systems and the technology on our website, and
  • to provide law enforcement agencies with the information necessary for prosecution in the event of a cyberattack.

This anonymously collected data and information is evaluated statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

  • However, within the scope of this online offer we also process inventory data (e.g. names and addresses of customers), contract data (e.g. services used and payment information) and content data.
  • We also collect information about your use of our website through the use of so-called cookies. Cookies are text files placed and stored on a computer system via an Internet browser.
  • Cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the affected person’s individual browser from other internet browsers containing other cookies. A specific internet browser can be recognized and identified by the unique cookie ID. In this way we can guarantee a better functionality of the website and prevent your having to log in repeatedly, for instance. Most browsers are set up to accept cookies automatically.
  1. Preventing the use of browser cookies

If you do not wish to use browser cookies, you can set your browser to reject the storage of cookies. You can also delete cookies from your hard drive at any time.

  1. Transmission of data to third parties and third-party providers
    • Data will only be transmitted to third parties within the framework of statutory requirements and if this is stated as part of this data protection declaration. We will only transmit the user's data to third parties if, for example, this is necessary for contractual purposes on the basis of Section 6(1)(b) GDPR or on the basis of legitimate interests under Section 6 (1)(f) GDPR in the economic and effective operation of our business operations.
    • If we use subcontractors to supply our services, we shall take appropriate legal precautions as well as appropriate technical and organizational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
    • If, within the scope of this data protection declaration, content, tools or other resources are used by other providers (hereinafter collectively referred to as "third party providers") whose registered office is located in a third country, it can be assumed that data is transferred to the countries where the third party providers’ registered office is located. Third countries are countries where the GDPR is not directly applicable law, i. e. countries outside the EU or the European Economic Area. Data will only be transferred to third countries if an appropriate level of data protection, user consent or other legal permission is available.
  1. Performance of the contract
    • We process inventory data and contractual data for the fulfilment of our contractual obligations to you in accordance with Section 6(1)(b) GDPR.
    • You can create a user account for this purpose, at your option. Your contact details are stored here. The mandatory disclosures shall be made to you during registration. These user accounts are not public. If you delete your user account, this data will be deleted with respect to the user account, unless otherwise stated in section 6 of this data protection declaration. It is your responsibility to secure your data in the event the user account’s deletion. If you initiate a deletion of the user account, we may irretrievably delete all data stored during the existing contract period.
    • When registering and reconnecting to a user account, the IP address and time of your action will be saved. Storage is undertaken on the basis of our legitimate interests and to protect against misuse and other unauthorized use. In principle, this data will not be transmitted to third parties unless it is required for the pursuit of our claims or there is a statutory obligation under Section 6(1)(c) GDPR.
  1. Contact 
    • If you contact us by e-mail, your data will be processed in accordance with Section 6(1)(c) GDPR as part of the procedure for handling your contact request.
    • Your data may be stored in our Customer Relationship Management System ("CRM System") or a similar inquiry organization system.
  1. Routine deletion and blocking of personal data
    • We process personal data only for the period of time required to achieve the storage purpose or for which we are legally obliged to do so.
    • If the purpose of the storage ceases to exist or the prescribed storage period expires, the personal data will be blocked or deleted routinely and in accordance with statutory provisions.
  1. Subscription to our newsletter
    • You can subscribe to our newsletter on our website. The input mask used for this purpose determines which personal data is transmitted to us when ordering the newsletter.
    • We will inform you regularly about our current offers (usually every two weeks) in the form of a newsletter. The newsletter can only be received if (1) you have a valid e-mail address and (2) you have registered to receive the newsletter.
    • For legal reasons, a confirmation e-mail in the double opt-in procedure will be sent to an e-mail address entered for the first time to receive newsletters. This confirmation mail serves to verify whether the e-mail address owner has authorised the receipt of the newsletter as the affected person.
    • When registering for the newsletter, we store the IP address assigned by the Internet service provider of the computer system you used at the time of registration as well as the date and time of registration. The collection of this data is necessary so that possible subsequent misuse can be tracked. This storage is exclusively for our protection.
    • The personal data collected for the newsletter shall only be used to send our newsletter. Newsletter subscribers may also be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as may be the case in the event of changes to the newsletter offer or technical circumstances. The personal data collected as part of the newsletter service shall not be transmitted to third parties. You can cancel your subscription to our newsletter at any time. The consent to the storage of personal data that you have given us for sending newsletters can be revoked at any time. There is a corresponding link in each newsletter for the purpose of revocation. However, you can also contact us at the address provided so we can unsubscribe you from the newsletter service.
  1. Integration of third-party services
    • Within our online offer, we refer you to the services of third party providers, in particular payment service providers, on the basis of our legitimate interests (i. e. optimization and economic operation of our online offer within the meaning of Section 6(1)(c) GDPR. This always requires the third party providers of these services to detect your IP address.
    • For this purpose, the respective third party providers’ business terms and conditions and data protection information, which can be called up within the respective websites, shall apply.
  1. Affected persons

Should you wish to exercise any of the following rights, you can contact our staff at any time at the address below.

  • Right to information

You have the right to request confirmation of whether personal data concerning you is being processed. Furthermore, we are required to supply you the following information:

  • processing purposes;
  • categories of personal data processed;
  • recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration;
  • the existence of a right to correct or delete personal data concerning you or to restrict its processing by us or a right of objection to such processing;
  • the existence of a right of appeal to a regulatory authority whose jurisdiction is determined by your place of residence or our registered office;
  • if the personal data are not collected from the data subject: All available information about the origin of the data;
  • the existence of automated decision-making, including profiling in accordance with Sections 22 (1) and (4) GDPR and - in these cases at least - meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You also have the right to know whether personal data has been transferred to a third country or to an international organisation. If this is the case, you have the right to obtain information about the appropriate guarantees for compliance with data protection in connection with the transmission.

  • Right of rectification

You have the right to demand immediate correction of any inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing.

  • Right to erasure 

You have the right to demand that the personal data concerning you be erased immediately if one of the following reasons applies and if the processing is not necessary:

  • The personal data was collected for such purposes or processed in any other way for which they are no longer necessary.
  • You have revoked your consent on which the processing was based and there is no other legal basis for the processing.
  • You object to the processing and there are no legitimate reasons for the processing.
  • The personal data was processed illegally.
  • The personal data erasure is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
  • The personal data was collected in relation to the information society services offered under Section 8(1) GDPR.
  • Right to restrict processing

You have the right to demand that we restrict the processing if one of the following conditions is met:

  • You have contested the personal data’s accuracy for a period enabling the controller to verify the personal data’s accuracy;
  • The processing is unlawful, you oppose the personal data’s erasure and request the restriction of the personal data’s use instead.
  • We no longer need the personal data for the purposes of processing, but you do need them to assert, exercise or defend legal claims.
  • You have filed an objection to the processing and it is not yet clear whether legitimate grounds for processing prevail over your rights.
  • Right to object

For reasons arising from your particular situation, you have the right to object at any time to the processing of personal data relating to you on the basis of Section 6 (1)(e) or (f) GDPR. In the event of an objection, we shall no longer process personal data unless we can prove compelling reasons worthy of protection for the processing that prevail over your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

  • Right to transfer data

You have the right to receive all personal data concerning you that you have supplied us in a structured, current and machine-readable format. You also have the right to transmit this data to third parties without hindrance by us, provided that the processing is based on your consent or on a contract and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task which is in the public interest or in the exercise of official authority that was delegated to us. Furthermore, when exercising your right to data transfer in accordance with Section 20 (1) GDPR, you have the right to procure our transmission of the personal data directly to a third party, if this is technically feasible and does not affect other people’s rights and freedoms.

  • Right of complaint

You have the right to complain about the data processing at any time to the competent data protection supervisory authority. The data protection supervisory authority responsible for us is the Berlin Commissioner for Data Protection and Freedom of Information (https://datenschutz-berlin.de ).

  1. Legal basis of the processing
    • Section 6 (1)(a) GDPR serves as our legal basis for processing operations in which we obtain consent for a specific processing purpose.
    • If the processing of personal data is necessary for the performance of a contract to which you are a party, the processing is based on Section 6 (1)(a) GDPR. The same applies to such processing operations that are necessary for the execution of pre-contractual measures, for example in cases of inquiries about our products or services.
    • If our company is subject to a legal obligation through which a processing of personal data is required, such as the fulfilment of tax obligations, the processing is based on Section 6 (1)(a) GDPR.
    • If data processing is carried out for the purpose of criminal prosecution, we base the processing on Section 6 (1)(a) GDPR.
  1. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Section 6 (1)(a) GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.

  1. Statutory or contractual provisions governing the provision of personal data; necessity for the conclusion of a contract; Affected person’s obligation to provide personal data; possible consequences of failure to provide personal data
    • We hereby inform you that the provision of personal data is partly required by law (e. g. tax regulations) or may also result from contractual regulations (e. g. information on the contractual partner). In some cases, the conclusion of a contract may require an affected person to provide us with personal data which we must subsequently process. For example, you are obliged to provide us with personal data when our company concludes a contract with you. Failure to provide personal data would mean that the contract cannot be concluded.
    • You can contact our data protection officer before providing personal data. Our data protection officer will inform you on a case-by-case basis as to whether the provision of personal data is required by law or contract or whether it is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not made available.
  1. Existence of an automated decision making process

As a responsible company, we refrain from automatic decision-making or profiling.

  1. Contacting us

For data protection purposes and/or to receive further information in this respect, please contact us at this address:

GREEN WHALE TRADE LIMITED

Unit 09, 20/F, 118 Connaught Rd West, Hong Kong

E-Mail: [email protected]

http://www.grewhale.com

If you have any questions, comments or enquiries regarding our collection, processing and use of your personal data, please also contact us or our data protection officer at the specified contact address.