Data Protection Policy
English translation/In any case of inconsistencies between the German and the English wording the German wording shall prevail and be decisive
1. Data Protection at a Glance
General Information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is all data with which you are personally identifiable. You can find detailed information on the subject of data protection in our data protection declaration listed under this text.
Data collection on this website
Who is Responsible for Data Collection on this Website?
A website operator carries out the data processing on this website. You can find their contact details in the section "Information on the responsible party" in this data protection declaration.
How do we collect your data?
On the one hand, we collect your data when you communicate it to us, i.e., data that you enter in a contact form. Other data collection occurs automatically or with your consent when you visit the website via our IT systems. This is primarily technical data (e.g., Internet browser, operating system, or time of page access). Collection starts automatically as soon as you enter this website.
For what do we use your data?
Some of the data is collected to ensure that the website runs without errors. Other data enables an analysis of your user behavior.
What rights do you have regarding your data?
You have the right to obtain information about the origin, recipient, and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request that the processing of your personal data be restricted under certain circumstances. You also have the right to lodge a complaint with the responsible supervisory authority.
You can contact us at any time with any questions about this or other issues relating to data protection.
Analysis tools and third-party tools
When you visit this website, your surfing behavior may lead to statistical evaluation. So-called analysis programs primarily perform this. You can find detailed information about these analysis programs in the following data protection policy.
2. Hosting and Content Delivery Networks (CDN)
Amazon Web Services (AWS)
The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter AWS). Your personal data is processed on AWS servers when you visit our website. Personal data may also be transferred to AWS' parent company in the USA. Data transfer to the USA is based on the EU standard contractual clauses. For details, see: AWS GDPR Data Processing Addendum.
Order processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law that guarantees the personal data of our website visitors will only be processed in accordance with our instructions and in compliance with the GDPR.
3. General Information and Mandatory Information
Data protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.
Personal data is collected when you use this website. This data protection policy explains which data we collect and for what we use it. It also explains how and for what purpose this occurs.
Note on the responsible body
Daiwa Capital Markets Deutschland GmbH
Friedrich-Ebert-Anlage 35 – 37
60327 Frankfurt am Main
Telephone: +49 (0)69 271 398 100
Email: information@de.daiwacm.com
Storage period
Unless a more specific storage period is specified, your personal data will remain with us until the purpose for data processing no longer applies.
Revocation of your consent to data processing
You can revoke your consent to data processing at any time. The legality of the data processing carried out up to the time of revocation remains unaffected by the revocation.
Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, you have the right to lodge a complaint with a supervisory authority. The right to lodge a complaint is without prejudice to other administrative or judicial remedies.
4. Data Collection on This Website
Cookies
Our websites use so-called "cookies". Cookies are small data packets and do not cause any damage to your device. You can find out which cookies and services this website uses in this data protection policy.
Consent with Usercentrics
This website uses the consent technology from Usercentrics to obtain your consent to the storage of certain cookies and technologies. The provider is Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This data includes browser type, operating system, IP address, and more.
5. Analysis Tools and Advertising
Google Analytics
This website uses functions of Google Analytics, provided by Google Ireland Limited. Google Analytics enables the website operator to analyse the behaviour of website visitors. IP anonymization is active. You can prevent data collection by installing the browser plug-in at: Google Opt-out Tool.
6. Plugins and Tools
Google Maps
This website uses Google Maps map service to integrate maps into our website. Use of Google Maps is based on our legitimate interest in making locations easy to find. You can find further information in Google’s privacy policy.
Data Protection Information for Clients and Interested Parties
(English translation/In any case of inconsistencies between the German and the English wording the German wording shall prevail and be decisive)
This information aims in particular at our customers, those interested in our products or our company, authorities and contractors and, in each case, at the contact persons or employees and authorized representatives or persons authorized to represent us as well as the beneficial owners of our clients who are obliged to disclosure.
Description of the Processing Activity
Daiwa Capital Markets Deutschland GmbH (hereinafter “DCMD”) processes personal data of interested parties, clients and all other natural persons being or coming in contact with DCMD in its procedures.
Name and Contact Details of the Person Responsible
Daiwa Capital Markets Deutschland GmbH
Friedrich-Ebert-Anlage 35 – 37
60327 Frankfurt am Main
Telefon: +49 (0)69 271 398 100
E-Mail: information@de.daiwacm.com
Contact Details of the Company Data Protection Officer
GAR Gesellschaft für Aufsichtsrecht und Revision mbH Wirtschaftsprüfungsgesellschaft
Datenschutzbeauftragter
Stichlingstraße 1, 60327 Frankfurt am Main
E-Mail: datenschutz@gar-wpg.com
Purposes and Legal Bases of Processing
DCMD processes personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and national regulations. Processing means collecting, recording, organizing, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, dissemination or otherwise making available, comparing or linking, restricting, erasing or destroying.
The legal basis for the processing of the above-mentioned personal data is Art. 6 Para. 1 lit. b (to fulfil a contract or to carry out pre-contractual measures), Art. 6 Para. 1 lit. c (to fulfil a legal obligation) and Art. 6 Para. 1 lit. f GDPR (legitimate interest). The legitimate interest of DCMD lies in the pursuit of business communication with the responsible contact person.
To Fulfil Contractual Obligations (Art. 6 para. 1 lit. b GDPR)
Personal data is processed to carry out our contracts or pre-contractual measures with you and to execute your orders, as well as all activities required for the operation and administration of a securities trading bank. The purpose of the data processing depends on the respective order and can include, among other things, needs analysis, advice and the execution of transactions. Further details on the purpose of data processing can be found in the respective contract documents or terms and conditions of use.
In the Context of the Balancing of Interests (Art. 6 para. 1 lit. f GDPR)
If necessary, DCMD will process data beyond the actual performance of the contract to protect the legitimate interests of DCMD or third parties, unless your interests in protecting your personal data outweigh these.
Processing may be carried out in order to carry out business communication with you in a targeted manner. It also serves data protection in order to conduct the specific business or respond to the inquiry and, if applicable, fulfil legal obligations (compliance requirements) in this context.
Based on Your Consent (Art. 6 para. 1 lit. a GDPR)
If you have given DCMS your consent to process personal data for specific purposes (e.g. sharing data within the DAIWA Group), the legality of the processing bases on your consent.
Due to legal obligations (Art. 6 Para. 1 lit. c GDPR) or in the public interest (Art. 6 Para. 1 lit. e GDPR)
Legal obligations for DCMD arise directly from relevant laws and banking supervisory requirements.
Categories of Personal Data and Sources of Data
In its procedures, DCMD processes personal data of interested parties, customers and all other natural persons, being or coming in contact with DCMD, e.g. guarantors, authorized representatives, legal guardians, messengers, representatives or employees of legal entities.
Recipients or Categories of Recipients of Personal Data
Within the DCMD, those departments that need your data to fulfill our contractual and legal obligations will have access to it. Contract processors we employ (Art. 28 GDPR) may also receive data for these purposes.
Transfer of Personal Data to a Third Country
Data will only be transferred to third countries (i.e. countries outside the EU) if necessary to execute your orders, required by law, or you have given us your consent.
Duration of Storage of Personal Data
DCMD processes and stores your personal data to the extent necessary for the duration of our business relationship, which also includes the initiation and execution of a contract.
Your Rights
Every data subject has the right to information pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, the right to restriction of processing pursuant to Art. 18 GDPR, the right to notification pursuant to Art. 19 GDPR and the right to data portability pursuant to Art. 20 GDPR.
Automated Decision Making
In general, we do not use fully automated decision-making in accordance with Art. 22 GDPR to establish and carry out the business relationship. Should DCMD use this procedure in individual cases, you will receive information separately if required by law.
Profiling
DCMD processes your data partially automatically with the aim of evaluating certain personal aspects (profiling). This is done, for example, to combat money laundering, terrorism financing, and criminal offenses.
Data Protection Information for Applicants
(English translation/In any case of inconsistencies between the German and the English wording the German wording shall prevail and be decisive)
Information on data protection regarding our processing of applicant data in accordance with Art. 13, 14 and 21 of the General Data Protection Regulation (GDPR)
Thank you for your interest in applying to Daiwa Capital Markets Deutschland GmbH (hereinafter "DCMD"). By submitting the application data, you as the applicant give your consent to the processing of personal data for the purpose set out in this data protection declaration.
DCMD only processes your personal data with your consent and solely for carrying out the application process. Below we explain to you who can process your personal data at DCMD and under what circumstances, in compliance with the legal provisions, in particular those of the European General Data Protection Regulation (EU GDPR) and the Federal Data Protection Act.
Description of the Processing Activity
This data protection notice is provided in connection with your transmission of application data (e.g. by email to recruitment@de.daiwacm.com) as part of the application process.
Name and Contact Details of the Person Responsible
Daiwa Capital Markets Deutschland GmbH
Friedrich-Ebert-Anlage 35 – 37
60327 Frankfurt am Main
Telefon: +49 (0)69 271 398 100
E-Mail: information@de.daiwacm.com
Contact Details of the Company Data Protection Officer
GAR Gesellschaft für Aufsichtsrecht und Revision mbH Wirtschaftsprüfungsgesellschaft
Datenschutzbeauftragter
Stichlingstraße 1, 60327 Frankfurt am Main
E-Mail: datenschutz@gar-wpg.com
Purposes and Legal Bases of Processing
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) insofar as this is necessary for the decision on establishing an employment relationship with us. The legal basis for this is Art. 88 GDPR in conjunction with Section 26 BDSG for the purposes of the employment relationship if this is necessary for the decision on establishing an employment relationship.
We may also process your personal data if this is necessary to fulfil legal obligations (Article 6 (1) (c) GDPR) or to defend against legal claims asserted against us. The legal basis for this is Article 6 (1) (f) GDPR. The legitimate interest is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
If you give us your express consent to process personal data for specific purposes, the legality of this processing bases on your consent in accordance with Art. 6 (1) (a) GDPR. Consent given is revocable at any time, with effect for the future.
If an employment relationship arises between you and us, we may, in accordance with Art. 88 GDPR in conjunction with Section 26 of the new Federal Data Protection Act (BDSG), further process the personal data already received from you for the purposes of the employment relationship.
Categories of Personal Data
We only process data related to your application. This may include general information about you (name, address, contact details, etc.), information about your professional qualifications and school education, information about professional training and, if applicable, other data that you send to us in connection with your application.
Sources of Data
We process personal data that we receive from you by post or email, when you contact us, submit your application or made available to us by third parties (e.g. recruitment agencies).
Recipients or Categories of Recipients of the Personal Data
We only pass on your personal data within our company to those departments and persons who need this data to fulfil contractual and legal obligations or to implement our legitimate interests.
This applies to the following categories of recipients:
- Responsible Managers
- Employees who are responsible for personnel matters
Transfer of Personal Data to a Third Country
There are no plans to transfer your personal data to a third country or an international organization.
Duration of Storage of Personal Data
We store your personal data for as long as it is necessary to make a decision on your application. Your personal data or application documents will be deleted a maximum of six months after the end of the application process (e.g. the announcement of the rejection decision), unless longer storage is legally required or permitted.
Your Rights
Every data subject has the right to information pursuant to Art. 15 GDPR, the right to rectification pursuant to Art. 16 GDPR, the right to erasure pursuant to Art. 17 GDPR, and other rights in relation to personal data protection.
Automated Decision Making
The decision regarding your application bases not solely on automated processing; therefore, no automated decision is made in individual cases within the meaning of Art. 22 GDPR.