Data protection policy

I. Introduction

Avnet Abacus is an Avnet company. Avnet in EMEA (“Avnet,” “we,” “our” or “us”) is committed to ensure compliance with applicable data protection laws and regulations. This Data Protection Policy (“Policy”) is based on the principles and requirements of the EU General Data Protection Regulation (“GDPR”) and where applicable the UK General Data Protection Regulation ("UK GDPR") and all other applicable national data protection laws. By means of this Policy we would like to inform you, the data subject, about how and why we collect, process and use personal data, and about your rights as a data subject in regard to the processing of your personal data.

II. Scope and Supplement

This Policy applies to all companies, dependent group companies, affiliated companies, offices and business units of Avnet EMEA. The companies covered by this Policy are listed here. This Policy covers all forms of processing of personal data. It describes how Avnet collects, uses, and shares personal data obtained directly from the user, customer, supplier, business partner, or other, or obtained indirectly from other sources. It applies to the processing of personal data obtained through any channel of communication or by any means, including but not limited to email, file transfer, feeding personal data into applications and tools, websites or mobile apps, social media pages and platforms.

This Policy may be supplemented by specific data protection and privacy notices and statements that relate to specific forms or purposes of data processing. Anonymised data (non-personal data), e.g. for statistical evaluations or studies, is not subject to this Policy.

In countries where the data of legal entities is protected to the same extent as personal data, this Policy applies equally to data of legal entities.

III. Application of national laws

While the GDPR is applicable throughout the EU, there may be laws and regulations in some countries which specify further data protection requirements, in particular conditions for lawful data processing. If so, it has to be verified on a case-to-case basis whether these laws can prevail.

IV. Glossary and definitions

A glossary of specified terms and definitions shall be included in Appendix A to this Policy.

V. Personal Data we process, Purposes and Legal Basis

This section of our Policy describes what personal data we collect and process and for what purposes and on what legal basis. The amount of personal data we process depends on the context and circumstances of your interaction with us.

1. Handling orders and fulfilling contractual obligations
   
   When you place orders to purchase goods or services from us, or if you request information about products and services prior to placing an order, or if you request support regarding the product or services you have ordered, we will process personal data that is necessary to negotiate and execute a contract and to fulfill any contractual obligations, and to exercise our rights under the contract. This also includes advisory services under the contract if this is related to the contractual purpose. Prior to the conclusion of a contract personal data can be processed to prepare bids or tenders or to fulfill other requests of the prospect that relate to contract conclusion.
   
   For this purpose we process personal details (including name, title, email, telephone, postal address, shipping and billing address), order and customer information (including goods and services ordered and provided, instructions regarding the order, customer business activities and interests and order history), financial information (including invoice data, preferred payment options, term of payment, bank account and credit card information).
   
   The legal basis for processing personal data for the purpose of handling orders and fulfilling contractual obligations and exercising contractual rights is Article 6 (1) b) GDPR (contractual necessity). The legal basis for processing personal data for the purposes of understanding customer business activities and interests and order history is Article 6 (1) f) GDPR (legitimate interests). The legal basis for processing and keeping personal data for the purpose of complying with record keeping obligations (including commercial accounting standards and tax and fiscal retention obligations) is Article 6 (1) c) GDPR (legal obligation).
    
2. Browsing or registering on our websites, social media pages or platforms
   
   When you browse our websites, social media pages or platforms, we may use Cookies and other tracking technologies to capture and understand how you use our websites, social media pages and platforms.
   
   Not all of our websites employ Cookies and tracking technology that collect personal data. Depending on the Cookies and tracking technologies in use, we collect information about your online browsing behavior on our websites, social media page or platform, including information about how you react to adverts and offers. We may also collect information about the device you have used to access our websites, social media pages or platforms, (including device model and operating system, browser type, IP-address, mobile device identifiers).
   
   Specific information regarding the Cookies and tracking technology in use on our respective websites, social media pages and platforms is being provided in our Cookie Policy. This includes information on how to disable Cookies in your browser and how to prevent tracking of your browsing behavior.
   
   When you register on one of our websites, social media pages or platforms we will additionally process personal details (including name, title, email, telephone), and account details (including username, password, login-/logoff data), except where registration under an alias or pseudonym is permitted.
   
   The legal basis for processing information about online browsing behavior, if it contains personal data, is Article 6 (1) a) GDPR (consent), if we ask you to provide consent and to agree to the processing of your personal data. In this case, your consent also applies within the meaning of §25 (1) TDDDG. Specific other provisions in laws relating to data processing in an online context may require your consent as well. Under some circumstances e.g. when we process a limited amount of personal data which, by type and nature does not significantly affect your rights and freedoms, the legal basis for processing your personal data in the context of your browsing or registering on our websites, social media pages or platforms is Article 6 (1) f) GDPR (legitimate interests) as well as §25 (2) Nr. 2 TDDDG.
    
3. Communication, marketing, taking part in promotions, events and feedback
   
   When you contact us for any sort of inquiry or request, we will process your personal details (including name, title, company or organisation you work for, email, telephone, other contact information), as far as this is necessary to deal with your inquiry or request and to respond to.
   
   When you have purchased goods or services from us, or if you have indicated to us that you are interested in certain goods or services, we may process your personal details (including name, title, company or organisation you work for, email, telephone, other contact information) to contact you and to send you information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities.
   
   When you take part in promotions or events hosted or sponsored by us, we will process your personal details (including name, title, company or organisation you work for, email, telephone, other contact information) to manage your participation in the promotion or event, to provide you with information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities. We will also process your personal details to ask for your feedback regarding the promotion or event, your satisfaction with our or our business partners’ goods or services and performance. We may also ask you for contributions to improve and enhance our goods and services and collaboration with our business partners.
   
   The legal basis for processing personal data for the purpose of communicating with you and to respond to any sort of inquiry or request is Article 6 (1) b) GDPR (contractual necessity), as far as it occurs in the context of preparing or facilitating the conclusion of a contract or to answer to inquiries and requests in connection with a contract. As far as personal data is processed for communicating with you on other matters the legal basis is Article 6 (1) f) GDPR (legitimate interests).
   
   When we process personal data to contact you and to send you information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities the legal basis is Article 6 (1) a) GDPR (consent) if we ask you to provide consent and to agree to the processing of your personal data for that purpose. Under some circumstances e.g. when we process a limited amount of personal data which, by type and nature does not significantly affect your rights and freedoms, the legal basis for processing your personal data to contact you and to send you information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities is Article 6 (1) f) GDPR (legitimate interests).
   
   When we process personal data to manage your participation in a promotion or event, or to provide you with information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities, or to ask for your feedback or for contributions, the legal basis is Article 6 (1) a) GDPR (consent) if we ask you to provide consent and to agree to the processing of your personal data for that purpose. Under some circumstances e.g. when we process a limited amount of personal data which, by type and nature does not significantly affect your rights and freedoms, the legal basis for processing your personal data is Article 6 (1) f) GDPR (legitimate interests).
    
4. Legal obligations and compliance
   
   As a business operating globally we are subject to various laws and regulations that impose legal obligations on us. Some of these laws and regulations may require the collection and processing of personal data (e.g. tax laws, commercial laws, trade and export compliance regulations, customs codes, anti-money-laundering laws). Where such legal obligations are based on EU or EU Member State laws and regulations, the legal basis for processing personal data is Article 6 (1) c) GDPR. Where such legal obligations are based on laws and regulations of third countries (non-EU), compliance with these legal obligations may represent a legitimate interest. If so, the legal basis for processing personal data is Article 6 (1) f) GDPR. The latter applies also to the processing of personal data for the purpose of ensuring compliance with our policies, codes of conduct and regulations.
    
5. Recruitment and application
   
   When we recruit people we will process the personal data that you provide as part of your application. Data processing for the purpose of recruitment and carrying out the application process will generally comprise personal details (including name, title, email, telephone, postal address) and CV and qualification data (including graduation, university degree, training certificates, advanced education certificates, credentials, and skills). After completion of an application process we may continue to process (store) personal data of applicants for a certain period of time where necessary to ensure we are able to exercise rights or defend against claims in the context of the recruitment process.
   
   The legal basis for processing personal data for the purpose of recruitment and handling applications is Article 6 (1) b) GDPR (contractual necessity), as far as the processing is necessary to review and assess the applications and to select applicants and execute an employment contract, and to exercise rights or defend against claims in the context of the applications process.
   
   When applying for a position at Avnet via a careers website, recruitment platform or job portal, or when responding to a job advertisement, applicants should also refer further and more specific privacy information made available on the careers website, recruitment platform, job portal or in the job advertisement.
    
6. Events and Trainings Photos and Videos 

We would like to inform you already that Avnet intends to use photos/film recordings of events and trainings. The following user groups may access the photos/film recordings: Employees of Avnet EMEA or Avnet Inc companies, working in Marketing and Communication. We process events and training photos and video (if applicable, including other personal data that you provide to us in connection with the trade fair photos) to document our events. In addition, we process these data for press and advertising purposes in all media in particular by publishing and using them. This includes publication and use in internal posts and articles within Avnet websites, along with external Avnet websites, social media platforms, such as LinkedIn, Facebook, Instagram and Twitter.
Legal basis: The legal basis for the creation of event and training photos and video is our overriding legitimate interest. If we wish to publish and use photographic material of you in which you are clearly recognizable for press and advertising purposes, we obtain your consent to do so via the event registration form. You can revoke your consent at any time with effect for the future. 
If you do not agree to the processing or use of the photos/film recordings made of your person or showing your person for the above-mentioned purposes, we would ask you to inform the photographer of this before you are photographed. With your consent to the production of your photos/film recordings, you also consent to their storage for up to one year. You can also object to the use and storage of the recordings you have made without incurring any disadvantages, by sending an email to (Communications-EBV@AVNET.COM). Your recordings will then be immediately removed from the respective folder (electronically) and will not be used in the future.

Balancing of interests: As part of the necessary balancing of interests, we have weighed up your interest in confidentiality and our interests in the creation and utilisation of events and training photos, taking appropriate account of your personal rights. Your interest in confidentiality takes second place in each case. Otherwise, we will not be able to create and utilise any events and training photos.

Categories of recipients:  The Photos and Video may be transmitted and published to platforms, including abroad, for the above-mentioned purposes of press and public relations work, editorial reporting and for advertising and marketing purposes. We also use service providers for the provision of services, in particular the creation of trade fair photos. These service providers are contractually obligated by us to fulfil the same. 

VI. Personal Data of Children

Avnet’s operations are focused on business-to-business (B2B). Therefore, we do not intentionally solicit personal data from children or send them requests for personal data. While users of all ages may navigate through our websites, social media pages or platforms, they are for B2B purposes only and are not targeting children. If we notice, following a notification by a parent or guardian, or after discovery by other means, that a child under 16 years has been inappropriately registered on one of our websites, social media pages or platforms, we will cancel the account and registration and delete the child's personal data from our records.

VII. Sharing Personal Data with Service Providers and Third Parties

Not all processing of your personal data will be carried out by Avnet itself. Sometimes we will make use of service providers and vendors (“processors”) who will process personal data for us, on our behalf and under our instructions. Such processors can be external companies or affiliates of Avnet (group companies). Any such outsourcing of data processing will follow a service provider / vendor due diligence and monitoring protocol, and will be governed by a Data Processing Agreement.

As far as we use service providers and vendors as processors to process personal data on our behalf, your personal data may be shared with the following categories of recipients:

IT service providers, application service providers, Internet service providers, platform and website host service providers, data disposal companies, marketing agencies, market research agencies, advertising partners, order and account management service providers, payment service providers, logistics service providers, customer care service providers.

Apart from sharing personal data with service providers and vendors it may be necessary to share your personal information with third parties, because there is a legal obligation to do so, or because there is a legitimate interest to ensure compliance with policies and regulations, or to facilitate business cooperation and collaboration. In such cases your personal data may be shared with the following categories of recipients:

Public authorities and administrative bodies, law enforcement and fraud prevention agencies, courts, lawyers, tax accountants, accounting and auditing firms, credit reference agencies, payment card and insurance providers, manufacturers and resellers, retailers.

If you use our websites, social media pages or platforms and if you choose to link your social media accounts to us or if you are logged in into your social media account, your personal data may be shared with the operators of those social media pages and platforms.

If we sell or buy any business or assets or transfer an area of our business to a new owner, we will disclose your personal data to the prospective seller or buyer of such business or assets or any third party who acquires our assets or who the business is transferred to.

We may share information with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally and insofar not contain personal data, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they have collected from you or received from third parties, in a manner that allows them to identify you personally. Where we do share such data with third parties, we take steps to ensure that they use appropriate safeguards to protect your data.

VIII. Storing periods for Personal Data

Generally we keep personal data for no longer than is necessary for pursuing or achieving the purposes for which the personal data is processed. However, in most circumstances personal data is processed for more than one purpose, e.g. if the data processing takes place in the context of a purchase we process personal data for the purpose of handling and fulfilling your order, delivering the goods or services, invoicing and payment, and providing customer care afterwards. Yet, as a corporation we are also subject to record keeping obligations and have to comply with tax laws and commercial laws that require much longer retention of certain documents and files that may contain personal data.

If we process personal data for the purpose of handling orders and fulfilling contractual obligations we will keep your personal data for as long as you have a customer or business relation with us. Personal data that is included in documents or files that are subject to tax laws will be kept for 10 years (unless statutory provisions or pending lawsuits or tax proceedings require longer retention), personal data that is included in documents or files that are subject to commercial laws will be kept for 6 years (unless statutory provisions or pending lawsuits require longer retention).

If we process personal data for the purpose of understanding your online browsing behavior we will keep personal data only for as long as necessary to create user statistics and analytics reports that use aggregate data (non-personal data). Specific information as to how long such personal data will be kept is being provided in our Cookie Policy.

If we process personal data for the purpose of communication, marketing, promotion, event and feedback purposes, we will keep the data for as long as we need the data to communicate with you, or for as long as we have a legitimate interest to provide you with business, product and service information, or marketing, event and promotion materials, except where you have objected to the processing of your personal data for such purposes.

If we process personal data for the purpose of compliance with laws and regulations that impose legal obligations on Avnet, we keep personal data for as long as such laws and regulations require.

If we process personal data for the purpose of recruitment and carrying out the application process, we keep personal data for as long as necessary to review and assess the applications, to select applicants, to negotiate and execute an employment contract, and to exercise rights or defend against claims in the context of the applications process. If an application is successful, your personal data – as far as necessary for carrying out the employment contract – will be kept for as long as you are employed with Avnet and after termination of your employment, for as long as necessary to comply with retention requirements, or for as long as forthcoming or pending lawsuits require longer retention. If your application is not successful we will keep your personal data for up to six months for the purpose of defending us against potential claims and lawsuits.

If your application was not successful, but you have agreed that we keep your personal data on file for future opportunities, we will keep your personal data for up to two years, unless specified otherwise on our careers websites, recruitment platforms or job portals, or in a job advertisement.

IX. Transfers of Personal Data to Third Countries

It may sometimes be necessary to transfer personal data to recipients in other countries. This may be the case as far as certain information that may contain personal data needs to be shared with our parent company Avnet, Inc. in the U.S., or in the context of international cooperation and collaboration with our business partners, or when orders are handled, managed and shipped internationally. If and as far as we make use the services of processors, we may also transfer your personal data to processors located in other countries.

As far as such data transfers involve recipients in countries outside the European Union or outside the European Economic Area (“Third Countries”), we will ensure that the transfers will be made in compliance with the EEA data protection provisions, , to ensure that an adequate level of data protection equivalent to the GDPR is maintained.

Such safeguards could either be an adequacy decision by which the European Union has deemed the country in which the recipient is located to have adequate data protection laws in place, or the execution of EU Standard Contractual Clauses (also known as EU Model Clauses) with the recipient, or the implementation of Binding Corporate Rules (“BCRs”) by the recipient.

If you have a particular concern about the adequate protection of your personal data when transferred to third countries, you may make an inquiry to dataprotection@avnet.eu,

X. Security of Personal Data

We have implemented technical and organisational security measures to protect personal data we process against accidental or unlawful manipulation, destruction or loss, alteration, and against unauthorised disclosure or access by third parties. Such security measures include authentication tools, firewalls, monitoring of IT systems and networks, pseudonymisation and encryption of personal data.

The technical and organisational security measures are reviewed and adjusted on a regular basis, taking into account the state of the art of technology, the nature, scope, context and purposes of processing and the risks and probability of occurrence. However, given the dynamic context of security measures, state of the art of technology, vulnerabilities, threats and risks, absolute security cannot be guaranteed.

XI. Marketing Preferences

As outlined in Section IV. 3. of this Policy, we may have a legitimate interest to process your personal details (including name, title, company or organisation you work for, email, telephone, other contact information) to manage your participation in a promotion or event, or to provide you with information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities. For these purposes we may use your personal details, in accordance with any preferences, if expressed, to send you product and service information and marketing messages by email, post, phone and social media, unless you have asked us not to.

Unless consent is required as a legal basis, which would also require an opt-in, you will always have the opportunity to opt-out of receiving product and service information and marketing messages by simply ticking a box or clicking on a button or link, or by changing your preferences in your account settings, as applicable.

You can of course instruct us in the same way to stop sending you product and service information and marketing messages at any time afterwards.

If you instruct us to stop sending you product and service information and marketing messages it might take some time for all our systems and applications to be updated, so you might still get messages from us while we fully process your instruction.

Please note that instructing us to stop sending marketing messages will not stop our other communication with you, such as order confirmations, order updates, shipping notices or payment requests.

XII. Your Rights over your Personal Data

You have many rights over your personal data and how it is used. These rights are summarised below. In order to assert any of these rights you may contact the Avnet legal entity that is indicated as Controller below in Section XIV., or the Data Protection Officer of an Avnet legal entity, if applicable.
 

XIII. How to contact us on Data Protection

If you have any questions or concerns about this Data Protection Policy or about the protection of your personal data, please feel free to contact our Data Protection Team at:

Email: dataprotection@avnet.eu

Some of Avnet’s legal entities have appointed a Data Protection Officer. If applicable, you may also contact the Data Protection Officer directly at the contact details specified by the respective Avnet legal entities.

The EU representative for Avnet EMG Ltd., a company incorporated in England and Wales, at Avnet House Rutherford Close Meadway, Stevenage, Hertfordshire, SG1 2EF, United Kingdom, pursuant to Article 27 of the GDPR, shall be Avnet Limited incorporated in Ireland, at Riverside One, Sir John Rogerson’s Quay, Dublin 2, Ireland.

XIV. Data Controller and Responsibility

Unless indicated otherwise, Avnet EMG GmbH, Gruber Str. 60c-60d, 85586 Poing, Germany, Commercial Register Number: HRB 152 448, contact form - is the controller of your personal data. It determines the purposes and means for processing your personal data and is responsible for compliance with applicable data protection laws and regulations and the requirements of this Policy.

XV. Amendments to this Policy

We reserve the right to amend this Policy at any time. This Policy can be amended in coordination with the DPT under the defined procedure for amending policies and notifying amendments.
 

Appendix A: Glossary and Definitions

Accountability Principle means that controllers will be responsible for, and be able to demonstrate compliance with the GDPR which requires the controller to implement appropriate technical and organisational measures to ensure and be able to demonstrate that data processing is performed in accordance with the GDPR, and review and update those measures where necessary.

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; 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.

Data Protection Policy means this EMEA Data Protection Policy.

Data Processing Agreement means an agreement that forms part of the master agreement between a controller and a processor to reflect the parties' agreement with regard to the processing of personal data, in accordance with the requirements of Data Protection Laws.

Data Protection Impact Assessment means the process to assess the particular likelihood and severity of the high risk to the rights and freedoms of data subjects, taking into account the nature, scope, context and purposes of the processing and the sources of the risk; an impact assessment should include, in particular, the measures, safeguards and mechanisms envisaged for mitigating that risk, ensuring the protection of personal data and demonstrating compliance with the GDPR.

Data subject means an identified or identifiable natural person; 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.

GDPR means the General Data Protection Regulation, being Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. 

International organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

Personal data means any information relating to (i) an identified or identifiable natural person and (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations).

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

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

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

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are 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; the processing of data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Special Categories of personal data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. 

Third party means 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, is authorised to process personal data.

Policy revision history

July 2016
October 2017
May 2018
March 2021

Last revision: October 2021