1. General information
The Intelligent Memory EMEA GmbH, as operator of the website www.intelligentmemory.com, takes the protection of personal data very seriously. We treat personal data as confidential and in accordance with statutory data protection regulations and this Data Privacy Statement. For information on the legal basis, please refer to, in particular, the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG).
Depending on the type and extent of usage, various personal data are processed when you use this website. Personal data means any information relating to an identified or identifiable natural person (hereinafter “Data Subject”); natural persons are regarded as identifiable if they can be directly or indirectly (e.g., by means of an online identifier) identified. This includes information such as name, address, phone number and birth date.
In accordance with Article 12 et seqq., this Data Privacy Statement provides you with information on how we handle your personal data when you use our website. In particular, it explains what kind of data we collect and what we use it for. It also informs you about how and for what purpose this is done.
This Data Privacy Statement expressly refers to the website-specific data processing resulting from visiting our website at www.intelligentmemory.com.
2. Controller
Controller means the natural or legal person deciding solely or jointly with others on the purposes and means of processing personal data (such as names, e-mail addresses). The Controller within the meaning of Article 4 (7) GDPR and any applicable national data protection laws (particularly, BDSG) as well as any other data protection provisions is:
Intelligent Memory EMEA GmbH
Mergenthaler Allee 15-21
65760 Eschborn
Phone: +49 6196 93496 11
info@intelligentmemory.com
3. Purposes and legal bases for the processing of data
I. Viewing and visiting our website – server log files
To make the website technically available, we need to process certain information that is automatically transmitted by your browser in order for our website to be displayed in your browser and for you to be able to use the website. Each time you view our website, this information is automatically collected and stored in so-called server log files. This information includes:
• browser type and version
• operating system used
• website from which the access is made (referrer URL)
• host name of the accessing computer
• date and time of access
• IP address of the requesting computer
• time zone difference from Greenwich Mean Time (GMT)
• data volume transferred in each case
• contents of request (specific page)
Storage of the aforementioned access data is necessary for technical reasons to provide a functional website and to ensure system security. The same applies to the storage of your IP address, which is necessary and may, under certain circumstances, at least theoretically allow an identification of your person. In addition to the purposes specified above, we use server log files solely for the purpose of the needs-based design and optimization of our website, purely for statistical purposes and without any identification of your person. This data is not merged with other data sources, nor is the data evaluated for marketing purposes.
The access data collected in connection with the use of our website are only stored for the period of time which is required to achieve the above-indicated purposes. For IT security purposes, your IP address will be stored on our web server for no longer than 60 days.
If you visit our website to obtain information about our range of products and services or to use such products and services, the legal basis for temporarily storing and processing access data is Article 6 (1) sentence 1 lit. b GDPR, which permits the processing of data for the purpose of fulfilling a contract or carrying out precontractual measures. Additionally, Article 6 (1) sentence 1 lit. f GDPR serves as the legal basis for the temporary storage of the technical access data. Our legitimate interest in this regard lies in being able to provide you with a technically functional and user-friendly website and to ensure the security of our systems.
II. Contact Form
If you send us enquiries via the contact form, your message, including the contact data you provide there, will be stored and processed for the purpose of processing and answering the enquiry as well as handling follow-up questions. We do not pass this data on to third parties unless it is necessary in order to process and respond to your enquiry or you have given us your consent to do so.
If you contact us within the context of an existing contractual relationship or contact us in advance to obtain information about our range of products and other services, the data and information you provide will be processed for the purpose of processing and responding to your enquiry in accordance with Article 6 (1) sentence 1 lit. b GDPR (legal basis). In all other cases, to protect our legitimate interests in accordance with Article 6 (1) sentence 1 lit. f GDPR for the purpose of adequately responding to customer/contact enquiries.
The data you enter in the contact form will be stored by us until the purpose for storing/processing the data no longer applies (e.g., after processing your enquiry has been completed). Mandatory legal provisions – in particular retention periods – will remain unaffected.
III. Use of Cookies and Related Functions/Technologies
On our website, we occasionally use so-called cookies. Cookies do not cause any damage to your end device and do not contain viruses. Cookies are used to make our website more user-friendly, effective and secure and to facilitate the provision of certain functions. Cookies are small text files that are stored on your computer and saved by your browser. A cookie contains a distinctive sequence of numbers that enables your browser to be uniquely identified when you return to the website.
The majority of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit or browser session (so-called “transient cookies”). Other cookies are stored on your end device for a specified period of time or until you delete them (so-called “persistent cookies”). These cookies enable us to recognise your browser on your next visit. Upon written request, we will gladly provide further information on the functional cookies used. Please contact us using the contact details above.
You can adjust your browser settings so that you will be informed about the use of cookies and only allow cookies in individual cases, generally exclude the acceptance of cookies for certain cases or activate the automatic deletion of cookies when closing the browser. You can find information on how to deactivate cookies via the “Help” function of your Internet browser. If cookies are deactivated, the functionality and/or full availability of this website may be restricted. For further cookie-specific settings and deactivation options, please also see below the individual explanations of the cookies and related functions/technologies used during your visit to our website.
Some of the cookies used on our website are provided by third parties to help us analyse the impact of our website content and the interests of our visitors, to measure the performance of our website or to serve ads and other content to our website or other websites. As part of our website, we use both first-party cookies (only visible from the domain you are visiting) and third-party cookies (visible across domains and regularly used by third parties).
The cookie-based data processing is carried out based on your consent in accordance with Article 6 (1) sentence 1 lit. a GDPR (legal basis) or based on Article 6 (1) sentence 1 lit. f GDPR (legal basis) to protect our legitimate interests. Our legitimate interests in this regard include, in particular, being able to provide you with a technically functional website that is user-friendly and designed to meet users' needs, as well as ensuring the security of our systems. You can withdraw your consent at any time, for example by deactivating the cookie-based tools/plug-ins listed in detail below. You can also object to processing based on legitimate interests by changing the settings accordingly.
The following individual cookie-based tools/plug-ins are used on this website:
Google Analytics
This website uses the functions of Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, based on the consent you have given us (Article 6 (1) sentence 1 lit. a GDPR). You can voluntarily give your consent by clicking on the corresponding button in the “cookie banner” when visiting our website. In the context of the processing described below, data is also regularly transmitted to Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Ireland Limited and Google LLW are hereinafter jointly referred to as “Google”. Google Analytics uses cookies (first-party cookies) that facilitate an analysis of your use of the website. However, this does not mean that we receive direct information about your identity. Google uses the information generated by cookies on our behalf for the purpose of evaluating the use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. This enables us to improve the quality of our website and its content. Through statistical analyses, we learn how the website is used which allows us to continuously optimise our offer.
The information about your use of this website generated by the Google Analytics cookies (such as time, place and frequency of your website visits including IP address) is transmitted to a Google server in the United States and stored there. At user and result level, we have set the storage period for corresponding data at Google to 24 months (shortest possible option).
IP Anonymisation
We have activated the IP anonymisation function on this website. This means that within member states of the European Union or in other contracting states to the Agreement on the European Economic Area, your IP address will be shortened by Google before being transmitted to the United States and thus be anonymised. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and shortened there. According to Google's own information, the IP address transmitted by your browser within the context of Google Analytics will not be merged with other Google data relating to your person.
Browser Plug-In
You can prevent the storage of Google Analytics cookies by adjusting your browser software accordingly (see above). You can also prevent the collection of data relating to your use of the website (including your IP address) generated by the cookie and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: tools.google.com/dlpage/gaoptout.
When deactivated, a cookie is set which prevents the collection of your data when visiting this website in the future.
More specifically, the following tracking cookies are used by Google Analytics:
_ga, _gat, _gid, _ga_--container-id--, _gac_--property-id--
To find out more about how Google Analytics handles user data and the security and data protection principles as well as settings and objection options, please refer to Google's data privacy statement available via the following link:
support.google.com/analytics/answer/6004245.
YouTube
Our website uses plug-ins from the video platform YouTube to embed videos and play them directly on our website. The operator of the video platform is YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (hereinafter “YouTube”). YouTube is a company affiliated with Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, “Google”).
The YouTube videos are integrated in the so-called “enhanced data protection mode”, which, according to the provider, only stores user information once the video(s) is/are being played. However, the transfer of data to YouTube partners is not necessarily excluded by this enhanced data protection mode. Regardless of whether you actually watch a video or not, YouTube will establish a connection to the Google DoubleClick network.
When you activate embedded videos on our website, a connection to the YouTube servers is established and the data transfer is started. We do not have any control over the scope and content of the data being transmitted to YouTube and, if applicable, other YouTube partners by activating the plug-in. Among other things, the YouTube server receives information about which of our pages you have visited. According to YouTube, this information is used to collect video statistics, improve user-friendliness and prevent abusive behaviour, among other things. To do so, YouTube uses cookies to collect information about user behaviour. The cookies are stored on your terminal device until you delete them. You can prevent YouTube from storing cookies by adjusting the corresponding settings in your browser software (see above). If you are logged into your YouTube account, you enable YouTube to associate your surfing behaviour directly with your personal profile. To prevent this, log out of your YouTube account before activating the play button.
We use YouTube in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Article 6 (1) sentence 1 lit. f GDPR.
For more information on how user data is handled, please see YouTube's data privacy statement at: policies.google.com/privacy
LinkedIn
Our website incorporates components of the LinkedIn Corporation. LinkedIn is an internet-based social network that allows users to network with existing business contacts as well as establish new business contacts.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. The responsible party for data protection matters outside the United States is LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland.
Each time you visit our website which is equipped with a LinkedIn plug-in, this plug-in causes the browser of the Data Subject to download a corresponding depiction of the LinkedIn component. Further information on the LinkedIn plug-ins can be found at developer.linkedin.com. In the context of this technical procedure, LinkedIn receives information about which specific sub-page of our website is visited by the Data Subject.
Each time you visit our website, which is equipped with a LinkedIn plug-in, a connection to the servers of LinkedIn is made and a data transfer is started. We do not have any control over the scope and content of the data being transmitted to LinkedIn and, if applicable, other LinkedIn partners by activating the plug-in. Among other things, the LinkedIn server receives information about which of our pages you have visited. To do so, LinkedIn uses cookies to collect information about user behaviour. The cookies are stored on your terminal device until you delete them. You can prevent LinkedIn from storing cookies by adjusting the corresponding settings in your browser software (see above). If you are logged into your LinkedIn account, you enable LinkedIn to associate your surfing behaviour directly with your personal profile. To prevent this, log out of your LinkedIn account before accessing our website.
At www.linkedin.com/psettings/guest-controls LinkedIn provides the option to opt out of e-mail messages, text messages and targeted advertisements as well as manage the settings for advertisements. Additionally, LinkedIn uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame which might set cookies. These cookies may be rejected at www.linkedin.com/legal/cookie-policy. The applicable privacy policy of LinkedIn is available at www.linkedin.com/legal/privacy-policy. The cookie policy of LinkedIn is available at www.linkedin.com/legal/cookie-policy.
Xing
Our website incorporates components of Xing. Xing is an internet-based social network that allows users to network with existing business contacts as well as establish new business contacts.
The operating company of Xing is New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time you visit our website which is equipped with a Xing plug-in, this plug-in causes the browser of the Data Subject to download a corresponding depiction of Xing component. Further information on Xing plug-ins can be found at dev.xing.com/plugins. In the context of this technical procedure, Xing receives information about which specific sub-page of our website is visited by the Data Subject.
Each time you visit our website, which is equipped with a Xing plug-in, a connection to the servers of Xing is made and a data transfer is started. We do not have any control over the scope and content of the data being transmitted to Xing and, if applicable, other Xing partners by activating the plug-in. Among other things, the Xing server receives information about which of our pages you have visited. To do so, Xing uses cookies to collect information about user behaviour. The cookies are stored on your terminal device until you delete them. You can prevent Xing from storing cookies by adjusting the corresponding settings in your browser software (see above). If you are logged into your Xing account, you enable Xing to associate your surfing behaviour directly with your personal profile. To prevent this, log out of your Xing account before accessing our website.
The privacy policy published by Xing, available at www.xing.com/privacy, provide information on how personal data are collected, processed and used by Xing.
IV. Other Purposes for Processing
Compliance of statutory provisions:
We also process your personal data in order to comply with other legal obligations that may apply to us in connection with our business activities. In particular, these include retention periods under commercial, trade or tax law. We process your personal data in accordance with Article 6 (1) sentence 1 lit. c GDPR (legal basis) to fulfil one of our legal obligations.
Legal Enforcement:
We also process your personal data in order to be able to assert our rights and enforce our legal claims, as well as to be able to defend ourselves against legal claims. Finally, we process your personal data insofar as this is necessary to avert or prosecute criminal offences. In this context, we process your personal data to protect our legitimate interests pursuant to Article 6 (1) sentence 1 lit. f GDPR (legal basis), to the extent that we assert legal claims, defend ourselves in legal disputes or prevent or investigate criminal offences (legitimate interest).
Consent:
If you have given us consent to process personal data for certain purposes (e.g., sending information material and offers), this processing is lawful on the basis of your consent. Any consent given can be revoked at any time.
4. Recipients of data
Within the Intelligent Memory EMEA GmbH, access to your data will be granted to those parties who need the data in order to fulfil our contractual and legal obligations. Service providers and vicarious agents employed by us (e.g., technical service providers, shipping companies, waste disposal companies) may also receive data for these purposes. We will limit the transfer of your personal data to the absolutely necessary, taking into account the requirements under data protection law. In some cases, the recipients will receive your personal data as processors and are then strictly bound by our instructions when handling your personal data. In other cases, the recipients will act independently in their own responsibility under data protection law; in this case, they are also obliged to comply with the requirements of the GDPR and other data protection laws.
5. Data Transfer to Third Countries
In the context of our business relationship, your personal data may be passed on and disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e., in third countries. In this case, the processing shall occur solely for the purpose of fulfilling contractual and business obligations and maintaining your business relationship with Intelligent Memory EMEA GmbH (legal basis is Article 6 (1) lit. b or lit. f, in each case in conjunction with Article 44 et seqq. GDPR).
Additionally, our website integrates tools from companies based in the United States, among other places. If these tools are active with your consent, your personal data may be transferred to the United States and processed there. We therefore draw your attention to the fact that the level of data protection in the United States is not comparable to that in the EU. For example, US companies are obliged to disclose personal data to security authorities without you as the Data Subject being able to take legal action against such disclosure. It can therefore not be ruled out that US authorities (e.g., intelligence services) will process, evaluate and permanently store your data on their US servers for monitoring purposes. Intelligent Memory EMEA GmbH has no control over these processing activities.
6. Storage Periods
Initially, we process and store your personal data for the time period necessary for the respective purpose of use (cf. above on the individual processing purposes). This may also include the periods of the negotiation of a contract (precontractual legal relationship) as well as the winding up of a contract. On this basis, personal data are regularly deleted as part of the fulfilment of our contractual and/or legal obligations, unless their temporary further processing is required for the following purposes:
• Compliance with statutory retention periods, for example under the German Commercial Code (Handelsgesetzbuch, HGB) (sections 238, 257 (4) HGB) and the German Tax Code (Abgabenordnung, AO) (section 147 (3), (4) AO). The time limits for storage and documentation specified there amount to up to ten years.
• Preservation of evidence, taking into account the statute of limitations. Under sections 194 et seqq. of the German Civil Code (BGB), these limitation periods may extend to up to 30 years, although the standard limitation period is three years.
7. Data Security
We use appropriate technical and organisational measures to protect personal data in order to ensure an adequate level of security and to protect the personal rights of the Data Subject. The measures taken are designed to prevent unauthorised access to the technical systems used by us and to protect personal data from unauthorised access by third parties, among other things. For security reasons and to ensure the safe transfer of confidential content, such as your contact requests sent to us as website operator, this website uses SSL or TLS encryption. An encrypted connection can be recognised by the fact that the address line of the browser changes from "http://" to "https://" and a lock symbol is displayed in the address line. When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. However, we would like to point out that data transfers on the Internet (e.g., when communicating by e-mail) may have security gaps. A complete protection of the data against access by third parties is therefore not possible.
8. Your Rights as Data Subject
Subject to the legal requirements, you, as Data Subject, are entitled to the following rights:
Right of Access:
Under Article 15 GDPR, you are, at all times, entitled to obtain a confirmation from us as to whether or not we are processing personal data concerning your person; and, where that is the case, Article 15 GDPR also entitles you to access the personal data and certain other information (including purposes of the processing, categories of personal data concerned, categories of recipients, envisaged storage periods, data origin, existence of automated decision-making, and, in the case of the transfer to a third country, appropriate safeguards) as well as receive a copy of your personal data. The restrictions pursuant to section 34 of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) shall apply.
Right to Rectification:
Under Article 16 GDPR, you are entitled to demand that we rectify the personal data stored about you if it is inaccurate or incorrect.
Right to Erasure:
Subject to the requirements of Article 17 GDPR, you are entitled to demand that we erase your personal data without undue delay. The right to erasure does not apply to the extent that the processing of the personal data is necessary for compliance with a legal obligation (e.g., statutory retention obligations) or for the establishment, exercise or defence of legal claims, among other things. The restrictions pursuant to section 35 BDSG apply as well.
Right to Restriction of Processing:
Subject to the requirements of Article 18 GDPR, you are entitled to demand that we restrict the processing of your personal data.
Right to Data Portability:
Subject to the requirements of Article 20 GDPR, you are entitled to demand that we provide you with the personal data that you made available to us in a structured, commonly used and machine-readable format.
Right of Withdrawal:
You may withdraw your consent to the processing of personal data by us at any time. Please note that such withdrawal shall only be effective for the future. Any processing that has occurred prior to the withdrawal will not be affected. To declare such withdrawal, an informal communication (e.g., by e-mail) to us will be sufficient.
Right to Object:
Subject to the requirements of Article 21 GDPR, you are entitled to object to the processing of your personal data so that we are required to stop processing your personal data. The right to object is only available within the limits provided for in Article 21 of the GDPR. Furthermore, our interests may prevent us from terminating the processing, and we may therefore be entitled to process your personal data despite your objection.
You have the right to object to the processing of your data at any time on the basis of Article 6 (1) sentence 1 lit. f GDPR (data processing on the basis of a balance of interests) or Article 6 (1) sentence 1 lit. e GDPR (data processing in the public interest) if there are grounds for doing so arising from your particular situation. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate reasons for the processing which override your interests, rights and freedoms, or unless the processing has the purpose of establishing, exercising or defending legal claims.
The objection may be made without formalities and should preferably be addressed to:
Intelligent Memory EMEA GmbH
info@intelligentmemory.com
Right to lodge a complaint with a supervisory authority:
Subject to the requirements of Article 77 GDPR, you have the right to lodge a complaint with a competent supervisory authority. In particular, you may direct any complaints at the supervisory authority responsible for us: Hessische Beauftragte für Datenschutz und Informationsfreiheit, Prof. Dr. Alexander Roßnagel, Postfach 31 63, 65021 Wiesbaden, street address: Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Phone: +49 (0)611 140 80, E-mail: Poststelle@datenschutz.hessen.de, or any other competent supervisory authority. A list of data protection supervisory authorities as well as their contact details can be found at: www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Other Issues:
Please do not hesitate to contact us if you have any other data protection queries. Corresponding enquiries as well as any communication to exercise your aforementioned rights should, if possible, be made in writing to our address stated above or by e-mail to info@intelligentmemory.com.
9. Obligation to Provide Data
In principle, you are not obliged to provide us with your personal data. However, if you choose not to do so, we will not be able to provide you with unrestricted access to our website or respond to your enquiries to us. Personal data that we do not necessarily require for the above-mentioned processing purposes are marked accordingly as voluntary information.
10. Automated Decision-Making/Profiling
We do not use automated decision-making or profiling (an automated analysis of your personal circumstances).
11. Effectiveness and Amendment of This Data Privacy Statement
1. This Data Privacy Statement is currently effective as of 18 November 2022.
2. The development of our website and services offered on it, or legal or regulatory requirements, may make it necessary to amend this Data Privacy Statement.
