Privacy Policy

1. Privacy at a Glance

To save you valuable time reading this information, here is a brief overview. Below, you will find detailed information if desired.

2. Responsible Party

The responsible party is Memorysolution GmbH, headquartered in Breisach, Germany.

3. Data Processing

When you visit this website, data about you is automatically collected and stored in server log files. This is to ensure secure server operation. Our web server is located in Germany and the log files are deleted after 14 days.

If you contact us or apply to us, we process this data in a manner that meets the intended purpose and your expectations.

If you register for our B2B shop, the data you provide will be processed by us to set up your customer account on this site and in our ERP system. This also applies to data you provide to us in the course of future orders or RMA requests through the shop system or other means.

Additionally, we store your "cookie settings." This is necessary so that we can fulfill our obligation to process certain data only with your consent. These are not mandatory for the operation of this website but are nevertheless very helpful to us. For this purpose, we use software installed directly on our server.

4. Legal Bases

Firstly, we have a legitimate interest in the secure operation of this website. Secondly, we are also required to take technical measures to secure our processing operations. Log files serve this purpose.

Contacting us and applying to us is voluntary on your part. Additionally, this often results in a contractual relationship that begins with your contact or application.

We process your registration, orders, and RMA requests for the smooth and transparent handling of these tasks.

If you allow us to use tracking mechanisms, we process the information obtained based on your consent.

5. Rights of the Data Subject

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

6. General Information Obligations

Below you will find more detailed information on the handling of your personal data.

We treat your personal data confidentially and in accordance with legal data protection regulations as well as this privacy policy.

When you use this website, various personal data is collected. Personal data is 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 over the Internet (e.g., communication by email) can have security vulnerabilities. It is not possible to completely protect data from access by third parties.

6.1 Information on the Responsible Party

The responsible party for data processing on this website is:

Memorysolution GmbH
Hafenstr. 17
D-79206 Breisach

Phone: +49 (0) 7667 / 9469 - 0
Email: info@memorysolution.de

The responsible party is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g., names, email addresses, etc.).

6.2 Data Protection Officer

We have appointed a data protection officer.

Memorysolution GmbH
- Attn. Data Protection Officer -
Hafenstr. 17
D-79206 Breisach

Email: datenschutz@memorysolution.de

6.3 Storage Period

Unless a more specific storage period is mentioned within this privacy policy, your personal data will remain with us until the purpose for the data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the data will be deleted after these reasons cease to apply.

6.4 General Information on the Legal Bases of Data Processing on This Website

If you have consented to data processing, we process your personal data based on Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, provided that special categories of data are processed according to Art. 9(1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g., via cookies), data processing is additionally based on § 25(1) TDDDG. The consent can be revoked at any time. If your data is necessary for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data based on Art. 6(1)(b) GDPR, provided you are a natural person who is our contractual partner. Usually, you are an employee of a legal entity that is our contractual partner – in this case, we process your data based on our legitimate interest (Art. 6(1)(f) GDPR), which is to handle inquiries and orders straightforwardly and transparently. Furthermore, we process your data if it is necessary for the fulfillment of a legal obligation based on Art. 6(1)(c) GDPR. Data processing can also be based on our legitimate interest according to Art. 6(1)(f) GDPR. Information on the applicable legal bases in each individual case is provided in the following sections of this privacy policy.

6.5 Withdrawal of Your Consent to Data Processing

Many data processing operations are only possible with your explicit consent. You can revoke an already given consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to Object to Data Collection in Special Cases and to Direct Marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO 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 AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION ACCORDING TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION ACCORDING TO ART. 21(2) GDPR).

6.6 Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of breaches of the GDPR, data subjects 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 breach. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

6.7 Right to Data Portability

You have the right to have data that we process based on your consent or in fulfillment of a contract automatically transferred to yourself or a third party in a common, machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done to the extent technically feasible.

6.8 Access, Correction, and Deletion

Within the scope of the applicable legal provisions, you have the right to obtain information about your stored personal data, its origin and recipients, and the purpose of the data processing at any time and free of charge. You also have the right to have this data corrected or deleted, if necessary. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time.

6.9 Right to Restrict Processing

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

• If you contest the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data was/is unlawful, you can request the restriction of the data processing instead of the deletion.
• If we no longer need your personal data, but you need it for the exercise, defense, or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of the deletion.
• If you have lodged an objection according to Art. 21(1) GDPR, a balance must be struck between your and our interests. As long as it is not yet clear whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may only be processed – apart from being stored – with your consent or for the establishment, exercise, or defense 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.

7. Browsing This Website

7.1 Hosting

We host the content of our website on our own servers in a data center in Germany.

7.2 SSL or TLS Encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries you send to us as the site operator. You can recognize an encrypted connection by changing the address line of the browser from "http://" to "https://" and the lock icon in your browser line.

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

7.3 Cookies

Our Internet pages use so-called "cookies." Cookies are small data packets and do not harm your device. They are either temporarily stored for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your device until you delete them or your web browser automatically deletes them.

Cookies can be first-party cookies (set by us) or third-party cookies (set by third-party services). Third-party cookies enable the integration of certain services from third-party providers within websites (e.g., cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies may be used to evaluate user behavior or for advertising purposes.

Cookies necessary for carrying out the electronic communication process, providing certain functions you desire (e.g., for the shopping cart function), or optimizing the website (e.g., cookies for measuring web audience) are stored based on Art. 6(1)(f) GDPR unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies to ensure a technically error-free and optimized service provision. If consent to store cookies and similar recognition technologies has been requested, processing is based exclusively on this consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG); the consent can be revoked at any time.

You can set your browser to inform you about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for specific cases or generally, and activate the automatic deletion of cookies when closing the browser. When cookies are disabled, the functionality of this website may be limited.

For information on which cookies and services are used on this website, please refer to this privacy policy.

7.4 Server Log Files

The provider of these pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

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

This data is not merged with other data sources.

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

7.5 Analytics Tools and Advertising

This website uses the open source web analytics service Matomo.

With the help of Matomo, we are able to collect and analyze data about the use of our website by website visitors. This allows us to determine, for example, when which page views were made and from which region they come. We also collect various log files (e.g., IP address, referrer, used browsers, and operating systems) and can measure whether our website visitors perform certain actions (e.g., clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both its web offering and its advertising. If a corresponding consent has been requested, processing is based exclusively on Art. 6(1)(a) GDPR and § 25(1) TDDDG, provided that the consent includes the storage of cookies or access to information in the user's device (e.g., device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

IP Anonymization

We use IP anonymization when analyzing with Matomo. In this process, your IP address is shortened before analysis so that it can no longer be clearly assigned to you.

Hosting

We use Matomo through the CDN (Content Delivery Network) of the provider. We have concluded a data processing agreement (DPA) with InnoCraft Ltd, 7 Waterloo Quay, PO Box 625, 6140 Wellington, New Zealand. Details on data protection at InnoCraft for operating the Matomo Cloud can be found here: https://matomo.org/matomo-cloud-privacy-policy/.

* For New Zealand, there is an adequacy decision by the EU Commission according to Art. 46(5)(2) GDPR.

Data Processing Agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a data protection law contract required to ensure that this service provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

7.6 Proven Expert

On our Company / Quality Management page, we have integrated the ProvenExpert rating seal on this website. The provider is Expert Systems AG, Quedlinburger Str. 1, 10589 Berlin, https://www.provenexpert.com.

The ProvenExpert seal allows us to display customer reviews given to our company on ProvenExpert on our website in a seal. When you visit our website, a connection to ProvenExpert is established so that ProvenExpert can determine that you have visited our website. ProvenExpert also captures your language settings to display the seal in the chosen language.

The use of ProvenExpert is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in a comprehensible presentation of customer reviews. If a corresponding consent has been requested, processing is based exclusively on Art. 6(1)(a) GDPR and § 25(1) TDDDG, provided that the consent includes the storage of cookies or access to information in the user's device (e.g., device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

8. Contact and Shop Use

8.1 Request by Email, Phone, Fax, or Contact Form

If you contact us by email, phone, or fax, your inquiry, including all resulting personal data (name, inquiry), will be stored and processed by us for the purpose of processing your request. We do not pass this data on without your consent.

The processing of this data is based on Art. 6(1)(b) GDPR, provided your request is related to the fulfillment of a contract or necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The data you send to us via contact inquiries remain with us until you request deletion, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory statutory provisions – especially retention periods – remain unaffected.

8.2 Registration on This Website

Please note that our products are exclusively for business customers. For registration, we need the company's address and contact details of the person authorized to order online (title, name, first name, business email address, business phone number). After receiving your registration, your future contact person will get in touch with you. During the further process, we will need proof of business or a commercial register excerpt from your company. If you do not provide the requested information, we must unfortunately reject the registration.

For important changes, such as changes in the scope of offers or necessary technical changes, we use the email address provided during registration to inform you in this way.

The processing of the data entered during registration is based on Art. 6(1)(b) or Art. 6(1)(f) GDPR for the purpose of fulfilling the user relationship established by the registration and possibly for initiating further contracts.

The data collected during registration will be stored by us as long as you are registered on this website and will then be deleted. Statutory retention periods remain unaffected.

8.3 When You Use Our Online Shop

Processing of Customer and Contract Data

We collect, process, and use personal customer and contract data to establish, design, and modify our contractual relationships. Personal data about the use of this website (usage data) is collected, processed, and used only to the extent necessary to enable the user to use the service or to bill it. The legal basis for this is Art. 6(1)(b) (natural persons) or Art. 6(1)(f) (employees of legal entities) GDPR.

If you order goods from us, we may pass on your personal data to the shipping service provider responsible for delivery. Only such data will be disclosed as is necessary for the service provider to fulfill their task (e.g., contact person on the company premises and, if applicable, the corresponding phone number).

The customer data collected will be deleted after the order is completed or the business relationship ends and the statutory retention periods, if any, expire. Statutory retention periods remain unaffected.

8.4 When You Use Our RMA Form

To ensure the smoothest and most straightforward process possible in the event of a return or exchange, we have set up an RMA form on our website. The mandatory data requested (first name, last name, phone number, email address, reason for return, item number, and quantity) is necessary to process your request. Additional information (such as invoice number, any existing process number, or a picture of the defective component) can facilitate our work.

The legal basis for this is Art. 6(1)(b) (natural persons) or Art. 6(1)(f) (employees of legal entities) GDPR.

Please note:

If you want to return a defective data carrier to us, it cannot be excluded that we or other downstream service providers or manufacturers may become aware of the contents on these data carriers. Therefore, please ensure that the data carriers are properly deleted before returning them. If possible, you should also inform your customers of the risks of unintentional data disclosure.

We point out that defective data carriers within the warranty period are usually forwarded to the manufacturer. Defective data carriers outside the warranty period are disposed of by us in compliance with data protection regulations.

8.5 When You Use Our Ticket System

Our manufacturing department uses a ticket system for support inquiries. We also host this on our own servers and use the entered data to handle service and support requests by the relevant department in our company. This data is not passed on to third parties. Processing of support cases without the corresponding information is not possible.

The legal basis for this is Art. 6(1)(b) (natural persons) or Art. 6(1)(f) (employees of legal entities) GDPR.

9. Application

Handling of Applicant Data

We offer you the opportunity to apply to us (e.g., by email or post). The following informs you about the scope, purpose, and use of your personal data collected during the application process. We assure you that the collection, processing, and use of your data are in accordance with applicable data protection law and all other legal provisions and that your data will be treated confidentially.

Scope and Purpose of Data Collection

If you send us an application, we process your associated personal data (e.g., contact and communication data, application documents, notes from job interviews, etc.) to the extent necessary to decide on the establishment of an employment relationship. The legal basis for this is Art. 6(1)(b) GDPR (general contract initiation) and – if you have given your consent – Art. 6(1)(a) GDPR. Consent can be revoked at any time. Your personal data will be shared within our company only with persons involved in processing your application.

If the application is successful, the data submitted will be stored in our data processing systems based on Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship (employment contract).

Retention Period of Data

If we cannot offer you a position, you reject a job offer, or withdraw your application, we reserve the right to retain the data you submitted based on our legitimate interests (Art. 6(1)(f) GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application). The data will then be deleted, and the physical application documents destroyed. Retention serves as evidence in the event of a legal dispute. If it is apparent that the data will be required after the 6-month period (e.g., due to a pending or imminent legal dispute), deletion will only take place when the purpose for further retention no longer applies.

A longer retention period may also occur if you have given your consent (Art. 6(1)(a) GDPR) or if statutory retention obligations prevent deletion.

10. When You Subscribe to Our Newsletter

10.1 Newsletter Data

If you would like to receive the newsletter offered on the website, we need an email address from you as well as information that allows us to verify that you are the owner of the provided email address and agree to receive the newsletter. No further data will be collected, or only on a voluntary basis. We use the following newsletter service providers for handling the newsletter.

10.2 Rapidmail

This website uses Rapidmail for sending newsletters. The provider is rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany.

Rapidmail is a service that organizes and analyzes the sending of newsletters. The data you enter for the purpose of receiving newsletters will be stored on Rapidmail's servers in Germany.

10.3 Data Analysis by Rapidmail

For the purpose of analysis, the emails sent with Rapidmail contain a so-called "tracking pixel" which connects to Rapidmail's servers when the email is opened. This allows us to determine whether a newsletter message has been opened.

Additionally, we can use Rapidmail to determine whether and which links in the newsletter message were clicked. All links in the email are so-called tracking links, which can be used to count your clicks. If you do not want any analysis by Rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message.

For more information on Rapidmail's analysis functions, please refer to the following link: https://de.rapidmail.wiki/kategorien/statistiken/.

10.4 Legal Basis

Data processing is based on your consent (Art. 6(1)(a) GDPR). You can revoke this consent at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.

10.5 Storage Period

The data you provide us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe. Data stored by us for other purposes remain unaffected.

After you unsubscribe from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and not combined with other data. This serves both your interest and our interest in complying with the legal requirements for sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). Storage in the blacklist is not time-limited. You can object to the storage if your interests outweigh our legitimate interest.

For more details, please refer to Rapidmail's data security notices: https://www.rapidmail.de/datensicherheit.

10.6 Order Processing

We have concluded a data processing agreement (AVV) with the above-mentioned service provider. This is a data protection legally required contract that ensures that this service provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

11. Social Media Presence

This privacy policy applies to the following social media presences:

https://www.linkedin.com/company/memorysolution-gmbh/

Data Processing by Social Networks

We maintain publicly accessible profiles on social networks. The social networks we use in detail can be found below.

Social networks like Facebook, Twitter, etc., can usually analyze your user behavior comprehensively when you visit their website or a website with integrated social media content (e.g., like buttons or advertising banners). By visiting our social media presences, numerous data protection-relevant processing operations are triggered. In detail:

If you are logged into your social media account and visit our social media presence, the operator of the social media portal can assign this visit to your user account. Your personal data may also be collected even if you are not logged in or do not have an account with the respective social media portal. This data collection takes place in this case, for example, via cookies that are stored on your device or by capturing your IP address.

With the help of the data collected in this way, the operators of the social media portals can create user profiles in which your preferences and interests are stored. This allows interest-based advertising to be displayed to you inside and outside the respective social media presence. If you have an account with the respective social network, interest-based advertising can be displayed on all devices on which you are logged in or were logged in.

Please also note that we cannot track all processing operations on social media portals. Depending on the provider, additional processing operations may therefore be carried out by the operators of the social media portals. For details, please refer to the terms of use and privacy policies of the respective social media portals.

Legal Basis

Our social media presences are intended to ensure the most comprehensive presence possible on the Internet. This is a legitimate interest within the meaning of Art. 6(1)(f) GDPR. The analysis processes initiated by the social networks may be based on different legal bases, which must be specified by the operators of the social networks (e.g., consent within the meaning of Art. 6(1)(a) GDPR).

Responsible Party and Exercise of Rights

If you visit one of our social media presences (e.g., Facebook), we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. You can generally assert your rights (access, correction, deletion, restriction of processing, data portability, and complaint) against both us and the operator of the respective social media portal (e.g., Facebook).

Please note that despite the joint responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are largely determined by the corporate policy of the respective provider.

Storage Duration

The data collected directly by us via the social media presence will be deleted from our systems as soon as you request us to delete it, revoke your consent to storage, or the purpose for data storage no longer applies. Stored cookies remain on your device until you delete them. Mandatory statutory provisions – especially retention periods – remain unaffected.

We have no control over the storage duration of your data that is stored by the operators of the social networks for their own purposes. For details, please refer to the privacy policies of the respective social networks (see below).

Your Rights

You have the right to obtain information about the origin, recipient, and purpose of your stored personal data at any time and free of charge. You also have the right to object, the right to data portability, and the right to lodge a complaint with the competent supervisory authority. Furthermore, you can request the correction, blocking, deletion, and, under certain circumstances, the restriction of the processing of your personal data.

Social Networks in Detail

LinkedIn

We have a profile on LinkedIn. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies.

If you want to disable LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

The data transfer to the USA is based on the EU Commission's standard contractual clauses. Details can be found here: https://www.linkedin.com/legal/l/dpa and https://www.linkedin.com/legal/l/eu-sccs.

For details on how they handle your personal data, please refer to LinkedIn's privacy policy: https://www.linkedin.com/legal/privacy-policy.

Last updated: May 24, 2024