Privacy Policy

Privacy Policy

1. Data protection at a glance

General notes

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data are any data by which you can be personally identified. For detailed information on the topic of data protection, please refer to our privacy policy stated below this text.

Data collection on this website

Who is responsible for the data collection on this website?

Data processing on this website is carried out by the website operator. You can find the contact details of the website operator in the section "Information on the data controller" in this privacy policy.

How do we collect your data?

On the one hand, your data are collected when you provide them to us. This can be, for example, data that you enter in a contact form.

Other data are collected automatically or with your consent by our IT systems when you visit the website. These are mainly technical data (e.g. internet browser, operating system or time of page view). These data are collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the rectification or erasure of these data. If you have given your consent to data processing, you can withdraw this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time with regard to this and other questions on the subject of data protection.

2. Hosting

External hosting of the website

This website is hosted externally. The personal data collected on this website are stored on the servers of the hoster. This may include in particular IP addresses, contact requests, meta and communications data, contract data, contact details, names, website accesses and other data generated via a website.

External hosting is carried out for the purpose of performance of a contract vis-à-vis our potential and existing customers or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6 para. 1 point (b) GDPR) and in the interest of a secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 point (f) GDPR). If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 point (a) GDPR and sec. 25 para. 1 Telecommunications Telemedia Data Protection Act (Telekommunikation-Telemedien-Datenschutz-Gesetz – TTDSG), insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) in the meaning of the TTDSG. The consent can be withdrawn at any time.

We use the following hoster for the external hosting of our website:

dogado GmbH
Antonio-Segni-Strasse 11
44263 Dortmund
Germany

External hosting of the CRM system

Our Customer Relationship Management (CRM) system is hosted externally. Personal data of potential and existing customers, suppliers, prospects and other business partners are transferred to the hoster who operates the CRM system for us as a processor.

The external hosting of the CRM system is carried out for the purpose of performance of a contract vis-à-vis our potential and existing customers, suppliers and other business partners or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6 para. 1 point (b) GDPR).

We use the following hoster for the external hosting of our CRM system:

MIVITEC
myLoc managed IT AG
Branch Munich
Wamslerstr. 4
81829 Munich
Germany

External hosting of the web analysis service Matomo

The web analysis service Matomo used on our website is hosted externally. The personal data collected by the Matomo web analysis service is stored on the hoster's servers and deleted after 13 months. For data collection and processing by the Matomo web analysis service see section 5 d) below.

We use the following hoster for the external hosting of the web analysis service Matomo:

Schwarzwaldbruder GmbH
Schlossplatz 2
79761 Waldshut-Tiengen

Processing

Our hoster(s) will only process your data to the extent necessary to fulfil their performance obligations and follow our instructions in relation to such data.

We have entered into data processing agreements (DPA) for the use of the above-mentioned services with our hosters. This is a contract required by data protection law, which ensures that the hosters only process the personal data on our instructions and in compliance with the GDPR.

3. General notes 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 privacy policy.
When you use this website, various personal data are collected. Personal data are data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Information on the data controller

The controller for the data processing on this website is:

AMBER AI & Data Science Solutions GmbH
Grünwalder Weg 32
82041 Oberhaching
Germany
Phone: +49-89-4132733-00
E-mail: info@amber.eu

The controller means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Data protection officer

You can reach the personally appointed data protection officer of our company at the following address:

Mr. Patrick Grihn
grihn@dsb.ruhr
DPO Ruhr
℅ nextindex GmbH & Co. KG
Grabenstr. 12
44787 Bochum

If you have any questions about processing, security or a request for information, you can contact them directly in confidence.

Storage period

Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a justified request for erasure or withdraw consent to data processing, your data will be erased unless we have other legal grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be erased after these grounds no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 point (a) GDPR or Art. 9 para. 2 point (a) GDPR, respectively, if special categories of data are processed according to Art. 9 para. 1 GDPR. In the event of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 point (a) GDPR. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of sec. 25 para. 1 TTDSG. This consent can be withdrawn at any time. If your data are necessary for the performance of a contract or in order to take steps prior to entering into a contract, we process your data on the basis of Art. 6 para. 1 point (b) GDPR. Furthermore, if your data are necessary for compliance with a legal obligation, we process them on the basis of Art. 6 para. 1 point (c) GDRP. Furthermore, the data processing may be carried out on the basis of our legitimate interests according to Art. 6 para. 1 point (f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your explicit consent. You can withdraw consent you have already given at any time. The withdrawal shall not affect the lawfulness of processing before withdrawal.

Right to object to the collection of data in specific cases and against direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 PARA. 1 POINT (e) OR (f) GDPR, YOU HAVE THE RIGHT TO OBJECT, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA, INCLUDING PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR FOR THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21 PARA. 1 GDPR).
WHERE YOUR PERSONAL DATA ARE PROCESSED FOR DIRECT MARKETING PURPOSES, YOU SHALL HAVE THE RIGHT TO OBJECT AT ANY TIME TO PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING, WHICH INCLUDES PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION UNDER ART. 21 PARA. 2 GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of infringements of the GDPR, data subjects shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performing of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transmission of the data to another controller, this will only be done insofar as it is technically feasible.

Access, rectification and erasure

Within the framework of the applicable legal provisions, you have the right at any time to free access to your stored personal data and information on its origin, recipients and the purpose of the data processing and, if applicable, a right to rectification or erasure of these data. You can contact us at any time for this purpose and for further questions on the topic of personal data.

Right to restriction of processing

You have the right to obtain the restriction of the processing of your personal data. For this, you can contact us at any time. The right to restriction of processing exists in the following cases:

• If you contest the accuracy of your personal data stored by us, we usually need time to check this. For a period enabling us to verify the accuracy of the personal data, you have the right to obtain the restriction of the processing of your personal data.
• If the processing of your personal data is or was unlawful, you can request the restriction of data processing instead of erasure.
• If we no longer need your personal data, but you need it to exercise, defend or establish legal claims, you have the right to obtain restriction of the processing of your personal data instead of erasure.
• If you have objected pursuant to Art. 21 para. 1 GDPR, a balancing of your interests and ours must be carried out. As long as the verification is pending whose interests prevail, you have the right to obtain the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data shall – with the exception of storage - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data collection on this website

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. These are:

• Browser type and version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

These data are not merged with other data sources.

The collection of these data is based on Art. 6 para. 1 point (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website - for this purpose, the server log files must be collected.

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on these data without your consent.

The processing of these data is based on Art. 6 para. 1 point (b) GDPR if your request is related to the performance of a contract or is necessary to take steps prior to entering into a contract. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 point (f) GDPR) or on your consent (Art. 6 para. 1 point (a) GDPR) if this has been requested; the consent can be withdrawn at any time.

The data you enter in the contact form will remain with us until you request us to erase it, withdraw your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your enquiry). Mandatory legal provisions - in particular retention periods - remain unaffected.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on these data without your consent.

The processing of these data is based on Art. 6 para. 1 point (b) GDPR if your request is related to the performance of a contract or is necessary to take steps prior to entering into a contract. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 point (f) GDPR) or on your consent (Art. 6 para. 1 point (a) GDPR) if this has been requested; the consent can be withdrawn at any time.

The data you sent to us via contact requests will remain with us until you request us to erase it, withdraw your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions - in particular retention periods - remain unaffected.

5. Cookies, plugins and tools

a) YouTube with enhanced data protection

This website embeds videos from the website YouTube. The operator of the pages is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in extended data protection mode. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch the video. However, the disclosure of data to YouTube partners is not necessarily excluded by the extended data protection mode. Thus, YouTube establishes a connection to the Google DoubleClick network - regardless of whether you watch a video.

As soon as you start a YouTube video on this website, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account.

Furthermore, after starting a video, YouTube may store various cookies on your terminal device or use comparable recognition technologies (e.g. device fingerprinting). In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to collect video statistics, improve the user experience and prevent fraud attempts.

As the case may be, further data processing operations may be triggered after the start of a YouTube video, over which we have no influence.

YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 point (f) GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 point (a) GDPR and sec. 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) in the meaning of the TTDSG. The consent can be withdrawn at any time.

For more information about privacy at YouTube, please see their privacy policy at: https://policies.google.com/privacy?hl=de.

b) Google Fonts (local hosting)

This site uses so-called Google Fonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

Further information on Google Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=de.

c) Google Analytics

We create pseudonymous user profiles with the help of Google Analytics in order to design our website according to your needs. Google Analytics uses targeting cookies that are stored on your terminal device and can be read by us. In this way, we are able to recognise and count returning visitors as such and to learn how often our website has been accessed by different users. The data processing is based on Art. 6 para. 1 point (a) GDPR and sec. 25 para. 1 TTDSG (consent).

The information generated by the cookie about your use of our website is usually transmitted to a Google server in the USA and stored there. However, as we have activated IP anonymisation on our website, your IP address will be shortened by Google beforehand within Member States of the European Union. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and only shortened there (for more information on the purpose and scope of data collection, see e.g. https://policies.google.com/privacy?hl=de&gl=de). We also have entered into a data processing agreement with Google LLC (1600 Amphitheatre Parkway, Mountain View, California 94043, USA) in accordance with Art. 28 GDPR. Google has been certified in accordance with the EU-U.S. Data Privacy Framework (see https://www.dataprivacyframework.gov/s/participant-search/participant-detail?id=a2zt000000001L5AAI&status=Active) and thus established the legal requirements with regard to the adequacy of the level of data protection for the transfer of data to Google in the USA. Accordingly, Google will use all information strictly for the purpose of evaluating the use of our website for us and compiling reports on website activity.

Google sets the following cookies when you visit our website and consent to the use of cookies for Google Analytics:

You can withdraw your consent at any time. Please use one of the following options to do so:

• You inform us that you wish to withdraw your consent.
•  You may prevent the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
• You can also prevent the collection of data generated by the cookie and related to your use of our website (including your IP address) to Google and the processing of these data by Google by downloading and installing the browser plugin available at the following link (https://tools.google.com/dlpage/gaoptout?hl=de).

d) Matomo

We use the web analysis service Matomo to analyse and statistically evaluate the use of our website in order to design our website according to your needs. Matomo uses cookies that are stored on your terminal device and can be read by us. For the analysis of website usage, your IP address, your e-mail address and information such as timestamp, visited websites and your language settings are collected. The data collected in this way is stored on the server of the hoster Schwarzwaldbruder GmbH (see section 2 above) and deleted after 13 months. This data will not be passed on to third parties. The statistics obtained enable us to improve our website and make it more interesting for you as a user.

This website uses Matomo with the extension “AnonymizeIP”. By this IP addresses will be processed in a shortened form and a direct reference to a person is excluded. The IP address transferred by your browser via Matomo will not be merged with other data collected by us.

The data processing is based on Art. 6 para. 1 point (a) GDPR and sec. 25 para. 1 TTDSG (consent). You can withdraw your consent at any time. Please use one of the following options to do so:

• You inform us that you wish to withdraw your consent.
• You may prevent the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
• You can prevent the use of Matomo by removing the following tick and thus activating the opt-out plug-in:

In this case, an opt-out cookie is stored in your browser that prevents Matomo from storing usage data. If you delete your cookies, the Matomo opt-out cookie will also be deleted. The opt-out must be reactivated when you visit our website again.
The Matomo program is an open source project. Information from Matomo on data protection can be found at www.matomo.org/privacy-policy/.

e) LinkedIn Insight Tag

In order to design our website according to your needs, it uses the LinkedIn Insight Tag of LinkedIn Ireland Unlimited Company (Wilton Plaza, Wilton Place, Dublin 2, Ireland) ("LinkedIn").

The LinkedIn Insight Tag is a small JavaScript code snippet that is installed on our website and creates a cookie in the web browsers of visitors to our website. It enables detailed campaign reporting and provides valuable information about visitors to our website. The LinkedIn Insight Tag is used to track conversions, retarget visitors to our website and gain additional information about LinkedIn members who view our ads.

The LinkedIn Insight Tag enables the collection of data about visits to our website, including URL, referrer URL, IP address, device and browser characteristics (User Agent) and timestamp. The IP addresses are truncated or (if they are used to reach LinkedIn members across devices) hashed. The direct identifiers of LinkedIn members are removed within seven days in order to pseudonymise the data. This remaining pseudonymised data is then deleted within 180 days.

The LinkedIn Insight Tag is used to generate reports and messages (in which LinkedIn members are not identified) about the website target group and ad performance, and to retarget visitors to our website so that we can use this data to display targeted ads outside our website without identifying the LinkedIn member. In addition, data that does not identify LinkedIn members is also used to improve the relevance of ads and to reach LinkedIn members across devices.

The data processing is based on Art. 6 para. 1 point (a) GDPR and sec. 25 para. 1 TTDSG (consent). You can withdraw your consent at any time. Please use one of the following options to do so:

• You inform us that you wish to withdraw your consent.
• You may prevent the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
• You can manage the LinkedIn ad settings at https://www.linkedin.com/help/linkedin/answer/a1342443?trk=microsites-frontend_legal_privacy-policy&lang=de, and here and at https://www.linkedin.com/psettings/guest-controls you can also deactivate the cookies used for ads.
• Further setting options and information can be found on the LinkedIn website on data protection:  https://privacy.linkedin.com/de-de.

We have also entered into a Data Processing Agreement with LinkedIn in accordance with Art. 28 GDPR. LinkedIn also processes your personal data in the USA through LinkedIn Corporation (1000 W Maude Ave, Sunnyvale, California 94085, USA). LinkedIn Corporation has been certified in accordance with the EU-U.S. Data Privacy Framework (see https://www.dataprivacyframework.gov/s/participant-search/participant-detail?id=a2zt0000000L0UZAA0&status=Active) and thus established the legal requirements with regard to the adequacy of the level of data protection for the transfer of personal data to LinkedIn Corporation in the USA.

f) Google Tag Manager

We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).

Google Tag Manager is a tool that we use to integrate the following tracking or statistical tools and other technologies on our website:

• Matomo
• LinkedIn Insight Tag
• Google Analytics

The Google Tag Manager itself does not create user profiles, does not store cookies and does not perform any own analyses. It only serves to manage and play out the tools integrated via it. However, the Google Tag Manager records your IP address, which may also be transferred to Google's parent company in the United States.

The Google Tag Manager is used on the basis of Art. 6 (1) point (f) GDPR. We have a legitimate interest in a quick and uncomplicated integration and management of various tools on our website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 point (a) GDPR and sec. 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) in the meaning of the TTDSG. The consent can be withdrawn at any time.

For more information about privacy at Google, please see their privacy policy at: https://policies.google.com/privacy?hl=de .

6. Processing and transfer of customer and contract data

We collect and process customer data from you such as your company, name, position, business address, e-mail address, telephone and fax number for the purpose of establishing, structuring the content of, amending or terminating a customer relationship with you. This also includes contract data such as customer number, order numbers, order and customer history, support contracts, billing data, invoices and payments. This processing of your personal data is necessary for the establishment, performance or termination of the customer relationship or in order to take steps at the request of the data subject prior to entering into a contract and is based on the legal basis of Art. 6 para. 1 point (b) GDPR.

To the extent necessary for the delivery, installation, implementation and support of our products and services, we transfer your personal data to manufacturers (in particular NVIDIA, IBM, NetApp), distribution partners (in particular TD SYNNEX Germany GmbH & Co. OHG), licensors and support providers, in particular for the purpose of deal registration, the provision of support and the delivery, licensing and provision of hardware and licences.

We collect, process and use personal data about the use of this website (usage data) only insofar as this is necessary to enable the user to use the service or to charge for it. The legal basis for this is Art. 6 para. 1 point (b) GDPR.
The collected customer and contract data will be deleted after completion of the order or termination of the business relationship and expiry of any existing legal retention periods. Statutory retention periods remain unaffected.

7. Your obligation to provide personal data and possible consequences of failure to providing it

The provision of personal data is necessary for the use of the website. In case of non-provision, the website cannot be used or can only be used with limited functionality, in particular no contact requests can be made to us.
In addition, if you do not provide us with your personal data, we will not be able to establish a customer relationship or any other business relationship with you.

8. No automated decision making / no profiling

We do not make use of automated decision making or profiling.