Privacy Policy

We are very pleased about your interest in our company. Data protection is of particularly high priority for the management of EMBER VISION CONSULTING FZCO. The use of the websites of EMBER VISION CONSULTING FZCO is generally possible without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, the processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to EMBER VISION CONSULTING FZCO. By means of this privacy policy, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this privacy policy.

As the controller responsible for processing, EMBER VISION CONSULTING FZCO has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of EMBER VISION CONSULTING FZCO is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy, we use, among others, the following terms:

  • a) Personal data

    Personal data means any information relating to an identified or identifiable natural person (hereinafter “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.

  • b) Data subject

    Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

  • c) Processing

    Processing is 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d) Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling

    Profiling is 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, behaviour, location or movements.

  • f) Pseudonymisation

    Pseudonymisation is 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 organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

    Controller or controller responsible for the processing is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

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

  • i) Recipient

    Recipient is a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

  • j) Third party

    Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k) Consent

    Consent is 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.

2. Name and address of the controller responsible for the processing

The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

EMBER VISION CONSULTING FZCO
Dubai Silicon Oasis DDP, Building A1
Dubai, United Arab Emirates

Tel.: +971543810832
E-Mail: contact@ember-vision.com
Website: https://ember-vision.com

3. Cookies

The websites of EMBER VISION CONSULTING FZCO use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Through the use of cookies, EMBER VISION CONSULTING FZCO can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised in the interest of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his access data each time he visits the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of EMBER VISION CONSULTING FZCO collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used to avert danger in the event of attacks on our information technology systems.

When using this general data and information, EMBER VISION CONSULTING FZCO does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by EMBER VISION CONSULTING FZCO on the one hand statistically and further with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

5. Contact option via the website

Due to legal regulations, the website of EMBER VISION CONSULTING FZCO contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address of so-called electronic mail (email address). If a data subject contacts the controller responsible for the processing by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller responsible for the processing is stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

6. Routine erasure and blocking of personal data

The controller responsible for the processing processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller responsible for the processing is subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the legal regulations.

7. Rights of the data subject

  • a) Right of confirmation

    Every data subject has the right granted by the European legislator to obtain confirmation from the controller responsible for the processing as to whether personal data concerning him or her is being processed. If a data subject wishes to make use of this right of confirmation, he or she can contact an employee of the controller responsible for the processing at any time.

  • b) Right of access

    Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller responsible for the processing free information about the personal data stored concerning him or her and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

    • the purposes of the processing
    • the categories of personal data being processed
    • the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
    • if possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
    • the existence of a right to rectification or erasure of the personal data concerning him or her, or to restriction of processing by the controller, or a right to object to such processing
    • the existence of a right to lodge a complaint with a supervisory authority
    • where the personal data is not collected from the data subject: any available information about the origin of the data
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and — at least in these cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

    Furthermore, the data subject has a right of access as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.

    If a data subject wishes to make use of this right of access, he or she can contact an employee of the controller responsible for the processing at any time.

  • c) Right to rectification

    Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain the rectification without undue delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing — including by means of a supplementary statement.

    If a data subject wishes to make use of this right to rectification, he or she can contact an employee of the controller responsible for the processing at any time.

  • d) Right to erasure (right to be forgotten)

    Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure without undue delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

    • The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
    • The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
    • The personal data was processed unlawfully.
    • The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
    • The personal data was collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

    If one of the above-mentioned grounds applies and a data subject wishes to arrange for the erasure of personal data stored by EMBER VISION CONSULTING FZCO, he or she can contact an employee of the controller responsible for the processing at any time. The employee of EMBER VISION CONSULTING FZCO will arrange for the erasure request to be complied with without undue delay.

    If the personal data was made public by EMBER VISION CONSULTING FZCO and our company as the controller is obliged to erase the personal data pursuant to Article 17(1) GDPR, EMBER VISION CONSULTING FZCO takes reasonable measures, including of a technical nature, taking into account the available technology and the cost of implementation, to inform other controllers processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copies or replications of, this personal data, insofar as the processing is not necessary. The employee of EMBER VISION CONSULTING FZCO will arrange what is necessary in individual cases.

  • e) Right to restriction of processing

    Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of its use.
    • The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
    • The data subject has objected to the processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

    If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by EMBER VISION CONSULTING FZCO, he or she can contact an employee of the controller responsible for the processing at any time. The employee of EMBER VISION CONSULTING FZCO will arrange for the restriction of the processing.

  • f) Right to data portability

    Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

    To assert the right to data portability, the data subject can contact an employee of EMBER VISION CONSULTING FZCO at any time.

  • g) Right to object

    Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

    In the event of an objection, EMBER VISION CONSULTING FZCO will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

    If EMBER VISION CONSULTING FZCO processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of the personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to EMBER VISION CONSULTING FZCO to the processing for direct marketing purposes, EMBER VISION CONSULTING FZCO will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her which is carried out by EMBER VISION CONSULTING FZCO for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

    To exercise the right to object, the data subject can contact any employee of EMBER VISION CONSULTING FZCO directly or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

    Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, EMBER VISION CONSULTING FZCO takes suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

    If the data subject wishes to assert rights relating to automated decisions, he or she can contact an employee of the controller responsible for the processing at any time.

  • i) Right to withdraw consent under data protection law

    Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

    If the data subject wishes to assert his or her right to withdraw consent, he or she can contact an employee of the controller responsible for the processing at any time.

8. Data protection provisions on the use of Google Analytics (with anonymisation function)

The controller responsible for the processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering and evaluation of data about the behaviour of visitors to websites. A web analytics service collects, among other things, data about the website from which a data subject has come to a website (so-called referrers), which sub-pages of the website were accessed or how often and for what duration a sub-page was viewed. Web analytics is mainly used to optimise a website and for the cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

For web analytics via Google Analytics, the controller responsible for the processing uses the addition “_gat._anonymizeIp”. By means of this addition, the IP address of the data subject’s internet connection is shortened and anonymised by Google if access to our websites is from a Member State of the European Union or from another contracting state of the Agreement on the European Economic Area.

The purpose of the Google Analytics component is the analysis of visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website in order to compile online reports for us that show the activities on our websites, and to provide further services related to the use of our website.

Google Analytics places a cookie on the information technology system of the data subject. What cookies are was explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website operated by the controller responsible for the processing and on which a Google Analytics component has been integrated is accessed, the internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical procedure, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

By means of the cookie, personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our websites, this personal data, including the IP address of the internet connection used by the data subject, is transferred to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.

The data subject can, as already explained above, prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the possibility of objecting to and preventing the collection of the data generated by Google Analytics relating to the use of this website as well as the processing of this data by Google. To do this, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information on visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the information technology system of the data subject is later deleted, formatted or reinstalled, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to his or her sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s applicable data protection provisions can be accessed at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

9. Data protection provisions on the use of Matomo

The controller responsible for the processing has integrated the Matomo component on this website. Matomo is an open-source software tool for web analytics. Web analytics is the collection, gathering and evaluation of data about the behaviour of visitors to websites. A web analytics tool collects, among other things, data about the website from which a data subject has come to a website (so-called referrer), which sub-pages of the website were accessed or how often and for what duration a sub-page was viewed. Web analytics is mainly used to optimise a website and for the cost-benefit analysis of internet advertising.

The software is operated on the server of the controller responsible for the processing; the log files that are sensitive under data protection law are stored exclusively on this server.

The purpose of the Matomo component is the analysis of visitor flows on our website. The controller responsible for the processing uses the data and information obtained, among other things, to evaluate the use of this website in order to compile online reports that show the activities on our websites.

Matomo places a cookie on the information technology system of the data subject. What cookies are was explained above. By setting the cookie, we are enabled to analyse the use of our website. Each time one of the individual pages of this website is accessed, the internet browser on the information technology system of the data subject is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. As part of this technical procedure, we obtain knowledge of personal data, such as the IP address of the data subject, which serves us, among other things, to trace the origin of visitors and clicks.

By means of the cookie, personal information, such as the access time, the location from which access was made and the frequency of visits to our website, is stored. Each time the data subject visits our websites, this personal data, including the IP address of the internet connection used by the data subject, is transferred to our server. This personal data is stored by us. We do not pass on this personal data to third parties.

The data subject can, as already explained above, prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Matomo from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Matomo can be deleted at any time via an internet browser or other software programs.

Furthermore, the data subject has the possibility of objecting to and preventing the collection of the data generated by Matomo relating to the use of this website. To do this, the data subject must set “Do Not Track” in his or her browser.

However, if the opt-out cookie is set, there is a possibility that the websites of the controller responsible for the processing can no longer be fully used by the data subject.

Further information and Matomo’s applicable data protection provisions can be accessed at https://matomo.org/privacy/.

10. Legal basis for the processing

Article 6(1)(a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and, as a result, his or her name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Article 6(1)(d) GDPR.
Finally, processing operations could be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).

11. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

12. Duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period expires, the corresponding data is routinely erased, provided that it is no longer required for the performance or initiation of a contract.

13. Statutory or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contractual partner).
Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee informs the data subject on a case-by-case basis as to whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of failure to provide the personal data.

14. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Developed by the Top LegalTech specialists of Willing & Able, who also developed the system for digital contract signing. The texts of the privacy policy generator were created and published by Prof. Dr. h.c. Heiko Jonny Maniero and lawyer Christian Solmecke.