Data privacy statement

In general, our website can be accessed without providing personal data. In a given case, however, collection and processing of your personal data might be necessary to access certain services on our website. In addition, we collect and process personal data in compliance with data protection regulations to enhance the functionality of our website and our services.

The protection of your personal data is crucial to us and, therefore, we would like to inform you about your rights together with the nature and extent of the respective data collection.

1. Controller

Contact information

The controller of processing data as defined by the German  Data Protection Regulation (DS-GVO) and the German Federal Data Protection Act (BDSG) for this website is:

CITS V Service Germany GmbH

Invalidenstr. 116

10115 Berlin

Phone: 030 979 920 188

Website: http://visaforchina.org/BER2_EN/

E-Mail: berlinvisacenter@visaforchina.org

2. Definitions

Personal data

Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject

A data subject is one whose personal data are processed by the controller.

Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling

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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

Pseudonymization

Pseudonymization means the processing of personal data in such a manner 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 are not attributed to an identified or identifiable natural person.

Controller

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.

Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed.

Consent

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.

Personal data breach

Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Biometric data

Biometric data means personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.

Data concerning health

Data concerning health means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

Supervisory authority

Supervisory authority means an independent public authority which is established by a Member State pursuant to Article 51  of the German Data Protection Regulation (DS-GVO) and which is concerned with the processing of personal data.

3. Information about processing personal data

We process your personal data by various technical means and should the circumstances require with the assistance of other service providers. We would like to inform you about the specific details of processing in the following paragraphs.

Accessing our website

On accessing our website, that is if you not register or transfer information by other means we solely collect personal data your browser transfers to our server. Should you wish to view our website we collect the following data which is technically required to display our website to ensure stability and security (legal basis is article 6 paragraph 1 page 1 lit. f of the German Data Protection Regulation (DS-GVO) together with paragraph 15 of the German Telemedia Act (TMG)).

- IP-address and service provider

- date and time of inquiry

- content of requirement (specific website)

- access status / http status code

- transferred amount of data in each case

- website providing the inquiry

- browser including language and software version

- operating system and its interface

Use of cookies

(1) In addition to the previously mentioned data cookies will be saved on your computer while accessing our website. Cookies are small text files that are stored on your hard drive by your browser. Cookies cannot execute software or transfer viruses to your computer. They  make the Internet more user-friendly and more effective. The legal basis for the use of cookies is article 6, paragraph 1, page 1 lit. f of the German Data Protection Regulation (DS-GVO).

(2) This website uses the following types of cookies whose extent and mode of operation are explained below:

-           transient cookies

-           persistent cookies

(3) Transient cookies are erased automatically on closing the browser. In particular, they include session cookies. These save a so-called session-ID that assigns various inquiries of your browser to the joint session. Thus, your computer can be recognized when you reaccess our website. Session cookies are erased when you log out or close the browser.

(4) Persistent cookies will be erased after a specified period that may vary depending on each cookie. The security settings of your browser enable you to always erase cookies.

(5) You can change the browser‘s settings according to your preferences and decline to accept third party or all cookies. Please note that in this case you might not be able to access all services from our website.

Using the contact form

(1) When contacting us via the contact form on our website the data entered by you (your e-mail address, and periodically your name, your phone number and other data provided by you) will be stored when sending the form to process your request.

(2) Alternatively, you can contact us via the e-mail address given on the main page under “Help by e-mail” and under site notice.

(3) You have the right to object to the processing of your personal data at any time by sending an e-mail to berlincenter@visaforchina.org or declare the objection to process your personal data the responsible body stated under paragraph 1.

(4) We will erase data collected in this regard after the storage is no longer necessary or we will limit processing should legal storage obligations exist. Legal basis is article 6 paragraph 1 page 1 lit. f of the German Data Protection Regulation (DS-GVO).

(5) Should you contact us with the intention of concluding a contract, article 6 paragraph 1 page 1 lit. b is an additional legal basis for the processing of your personal data .

4. Your rights

At any time you have the right to demand the following rights regarding the processing of your personal data by contacting the responsible body mentioned in paragraph 2 informally.

Right of access

We inform you which personal data we stored from you for what purpose, for which duration, from which source and on which legal basis and if we provided information to third parties.

Right to rectification

Should the provided personal data be incorrect or incomplete, we will correct or complete this information upon demand without undue delay.

Right to erasure (Right to be forgotten)

You have the right to obtain the erasure of your personal data without undue delay unless a legal storage obligation exists.

Right to restriction of processing

You have the right to obtain the restriction of your personal data.

Right to object processing

You have the right to object to the processing of your personal data. This applies especially, should the legal basis for processing be article 6, paragraph 1, page 1, lit. f of the German Data Protection Regulation (DS-GVO).

Right to data portability

You have the right to obtain your provided personal data in a commonly used and machine-readable format.

Right of complaint at a supervisory authority

You have the right to lodge a complaint with an appropriate supervisory authority about the processing of your personal data by our company. The data protection authority concerned is located in the federal state where our company is located. For additional information please visit: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html

Please keep in mind that your exercise of rights might be subject to specific requirements.

Ensuring data security and data protection

To ensure the protection and security of your personal data we conduct a variety of technical and organizational security measures whose effectiveness is monitored on a regular basis.

 

2. Terms and Conditions 

 

Article 1 Definitions

 

1.1    “Embassy” refers to the Embassy of the People's Republic of China.

 

1.2 “Consulate General” refers to the Consulate General of the People's Republic of China.
 

1.3 “Other Consular Institutions” refers to the Consulates, consular offices and related institutions of the People's Republic of China.
 

1.4 “Embassies and Consulates” refers to the Embassies and/or Consulates General and/or Other Consular Institutions.
 

1.5 “Chinese Visa Application Service Centre” refers to the institution that provides handling services relating to applications for Chinese visas according to the working procedures set by the Embassies and Consulates, hereinafter referred to as the “Application Centre”.
 

1.6 “Clients” refers to any individual or a third party authorized by the former submitting a Chinese visa application to the Application Centre, including individuals, travel agencies or other agencies.

 

1.7 “Clients' Information” refers to the data and information that Clients provide to the Application Centre in the form of paper, electronic media or any other form deemed acceptable in order for the Application Centre to provide clients with appropriate services.
 

1.8 “Personal Information” refers to all the required information related to a person included in the application documents submitted by a client, including, but not limited to, the name, gender, date of birth, place of birth, marital status, citizenship, passport information, telephone number, health record, criminal record, residential address, place of employment, family members, as well as any video recording, telephone call recording, email content and other private information.
 

1.9 “Website” refers to the website located at www.visaforchina.org where online services are provided to clients, such as information announcements, online application form completion, online appointment and visa application status query services.
 

1.10 “Basic Services” refers to the services directly related to visa applications that the Application Centre provides to clients.
 

1.11 “Extended Services” refers to services provided by the Application Centre for the convenience of clients other than the Basic Services.
 

1.12 “Visa fee” refers to consular fees and charges payable to the Embassies and Consulates and accepted by the Application Centre from applicants on behalf of the Embassies and Consulates at rates prescribed by the Embassies and Consulates, including, but not limited to, the regular application fee, express application fee and urgent application fee.
 

1.13 “Application Service Fee” refers to the fee charged by the Application Centre to clients for providing them with Basic Services. The fees charged for Extended Services are not included in the Application Service Fee.
 

1.14 “Pickup Forms” refers to the receipts issued by the Application Centre to Clients who have submitted their Chinese visa applications to the Application Centre, which serve as the only certificates evidencing payment of the Visa Fee and Application Service Fee as well as for collecting their passports and visas from the Application Centre.
 

Article 2 About the Basic Services Offered by the Application Centre

 

2.1 To receive clients and classify their visa application documents in accordance with the requirements of the Embassies and Consulates.
 

2.2 To provide clients with intermediate business services, including computer entry of basic information, and transmission of passports, visas and Clients' Information between Embassies and Consulates and the Application Centre.
 

2.3 To collect a Visa Fee in accordance with the requirements of the Embassies and Consulates and to deliver passports and visas to Clients on behalf of the Embassies and Consulates.
 

2.4 To release and transmit information about Chinese visa policy in accordance with the requirements of the Embassies and Consulates in a timely manner through website, information desk, telephone, fax or e-mail.
 

2.5 The Application Centre hereby states in particular that, government functions such as assessing, approving or refusing visa applications and issuing visas, belong to the exclusive authority of the Embassies and Consulates, and the Application Centre is not legally empowered to provide any commitment, guarantee, interpretation or other legal obligations to clients in relation to that exclusive authority.
 

Article 3 About Use of the Visa Application Services

 

3.1 Clients acknowledge and hereby confirm that the Application Centre is not involved in the visa assessment and decision-making process. The Embassies and Consulates have the authority to decide whether a visa will be issued or not, the type of a visa to be issued as well as its validity, duration of stay and number of entries in accordance with China's relevant laws and regulations. A client is required to pay the Application Service Fee to the Application Centre regardless of approval or disapproval of an application by the Embassies and Consulates. The Application Service Fee is non-refundable.
 

3.2 Clients can make inquiries to the Application Centre via its website or through the telephone. Clients are required to acknowledge that the Application Centre is a non-governmental organization, and its provision of inquiry services for clients is free and based on its unilateral understanding of clients’ inquiries and the limited information known and mastered by it in order to provide assistance for its clients for their visa applications. No matter what the circumstances are, it cannot be interpreted that the Application Centre has made any promise or assurance, nor does it bear any other legal responsibility for the answers to clients’ queries.
 

3.3 Clients are required to submit to the Application Centre all the relevant Clients' Information required for any visa application, and ensure that the information provided is true, reliable and complete.  Clients acknowledge and agree that acceptance by the Application Centre of the Clients' Information provided does not mean that such Clients' Information as is provided is deemed sufficient.  The Embassies and Consulates have the right to request a client to provide additional supporting documents or request the applicant to attend an interview.
 

3.4 Clients shall carefully check all the information on the Pickup Form and make sure that it is correct when receiving this document issued by the Application Centre.  If any mistakes are found, clients must contact the Application Centre immediately, and the Application Centre will make necessary correction as soon as possible.
 

3.5 Clients must carefully check all the information on the visa issued to them and make sure that it is correct at the time when they collect their passports containing the visas. If any mistakes are found, they must contact the Application Centre immediately. The Application Centre will try its best to help them with modification or re-issuance of the visa. Clients acknowledge that modifying or re-issuing a visa may involve new fees if the information on the issued visa is found incorrect due to the reasons or causes assignable to them.
 

3.6 To ensure service safety and service quality, a network monitoring system and telephone recording system have been installed by the Application Centre. The actions of clients at the Application Centre as well as the telephone conversation between clients and the Application Centre may be recorded and preserved, and clients hereby acknowledge and agree to this arrangement.

 

3.7 Unless otherwise notified by the Application Centre, clients should collect their passports and visas before the expiry of the visa.  The Application Centre accepts no obligation of taking care of any passport if clients fail to collect the documents before the expiry of the visa. After the expiry of the visa, or 365 days of the decision by the Embassies and Consulates to issue or refuse the visa application, the Application Centre has the right to deliver the relevant travel documents to the Embassies and Consulates, which will return them to the competent authority of the passport issuing country.
 

Article 4 About the Use and Protection of Personal Information

4.1 Clients hereby agree and confirm that their Personal Information can be collected, transmitted, stored, processed and used by the Application Centre in accordance with this article whether this information is transmitted to the Application Centre through the Internet or directly by the clients concerned or the representatives entrusted by the clients.
 

4.2 In order to process Clients' visa applications, the Application Centre must collect Clients' related Personal Information from the application documents submitted by them and enter the information into the computer system.
 

4.3 The Application Centre may collect Clients' Personal Information through telephone, email, fax, application documents (including passports and photos), online application system, online appointment system, video monitoring system and other media.
 

4.4 Personal Information will be submitted to the Chinese Embassy or Consulate-General through the Application Centre's proprietary channel and may be transferred to and stored in countries other than the client's country of residence, such as the People's Republic of China.
 

4.5 Personal Information, including video recording, telephone recording, electronic information,  etc., may be collected for later use by the Application Centre when necessary (e.g., when it is requested by the competent department of the local government or for purpose of internal supervision on service).
 

4.6 Physical information provided by Clients will be transferred to and stored at the Chinese Embassies or Consulates. The Application Centre will save the collected clients' information in physical or electronic form and take reasonable administrative measures in order to prevent information leakage or unauthorized use and ensure the proper use of all the information.

 

4.7 The Application Centre will collect, transfer, store, process and use all the Clients' Information in accordance with local laws for the purpose of fulfilling the Application Centre's legal responsibility and obligation, including but not limited to applying for Chinese visas.
 

4.8 The Application Centre will take every reasonable precaution to ensure the safety of the Personal Information and documents of the applicants strictly in line with relevant laws of the resident country, but is not be liable for any consequences due to events or acts beyond its reasonable control such as natural disasters (Force Majeure), unforeseen accidents and larceny, etc, which may occur when the information and documents are in transit between the Application Centre and the Embassies or Consulates. 
 

Article 5 About Liability

5.1 If a passport is lost or damaged from the custody of the Application Centre, the Application Centre will bear the reasonable cost incurred by visa applicants for replacement of passports following the normal application procedures with their country’s passport authority. The cost will be reimbursed on presentation of the copy of the receipt issued by the passport authority. However, this agreement does not mean that the Application Centre will be held liable in any way.
 

5.2 Clients must make their visa applications at an appropriate time in accordance with their travel arrangement. Under no circumstances will the Application Centre be responsible or liable for any delay of travel arrangement as a result of a Client's inappropriate action in regard to the time of submitting the visa application or the visa assessment result of the Embassies and Consulates.
 

5.3 If a client selects to apply by post, or requests return delivery by post in regard to a processed application, the Application Centre will not be responsible or liable for any delay, delivery to a wrong address, or damage to or loss of the documents by any mail service or delivery service company or not by the Application Centre.
 

5.4 To the maximum extent permitted by law, the Application Centre expressly disclaims all conditions and warranties, express or implied, in connection with the visa application services other than any conditions or warranties expressly stated in these terms. Where the law precludes such exclusion and implies certain terms, conditions and/or warranties into the terms ("Implied Terms"), the liability of the Application Centre for a breach of such Implied Terms shall be limited, at the option of the Application Centre, to any one or more of the following:
 

 (a) Re-supply of the relevant application services; or
 

 (b) Cost of the re-supply of the relevant application services; or
 

 (c) Any amount paid by the Client to the applicable government department or authority in respect of the relevant application services (upon being provided with proper receipt).
 

5.5 Clients acknowledge and agree that under no circumstances will the Application Centre be liable to them or anyone claiming through them for any indirect, incidental, special and/or consequential losses or damages of whatever nature, or for loss or profits, loss of opportunity, loss of business or goodwill or interruption of business, whether arising out of or in connection with their application and/or any of the visa application services, and whether or not relating to any act, error, omission or negligence by the Application Centre or any officer, agent, employee and representative of the Application Centre.
 

5.6 All terms hereof are governed by laws of the respective state or province where the Application Centre is located. Litigation relating to visa services will be heard by a court in the resident state or province.
 

Article 6 Other Terms

6.1 The Application Centre, in its sole discretion, may change, amend, cancel or withdraw any or all of the terms and conditions mentioned herein at any time without any prior notice. If a client is dissatisfied with the changes being made, the client's sole and exclusive remedy is to refuse the services which the Application Centre provides.
 

6.2 The client hereby agrees to accept and confirm that the applicant and / or his / her representative, prior to submitting the visa application, has read, understood and agreed to be bound by, without limitation or qualification, all of the terms, conditions and details provided herein.