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Privacy Information for Customers and Prospects of Intrakommuna GmbH​

According to Art. 13, 14, 21 of the General Data Protection Regulation (GDPR)

 

We hereby inform you about how and on what basis we process your personal data, and what rights you have.

 

1. Who is responsible for data processing?

Intrakommuna GmbH (hereinafter referred to as “Company”)

represented by Mr. Nick Loth

Address: Dornacher Str. 3
85622 Feldkirchen

Email:
info@intrakommuna.de

Phone: +49 (0) 89-14377676

You can reach our data protection officer at the email:
datenschutz@intrakommuna.de

2. Purposes of Processing and Legal Basis

Your personal data is processed in accordance with the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and other relevant data protection regulations. You can find further details and additions to the processing purposes in our contractual documents, forms, consent declarations, and other information provided to you (e.g., on the website or in the terms and conditions).

2.1 Consent (Art. 6 Para. 1 lit. a GDPR)

If you have expressly given us consent to process personal data for specific cases, the respective consent is the legal basis for the processing mentioned there. You can revoke consents at any time with effect for the future.

 

2.2 Implementation of pre-contractual measures and fulfillment of contractual obligations (Art. 6 Para. 1 lit. b GDPR)

We process your personal data for the implementation of measures and activities within the framework of pre-contractual relationships, especially for contract negotiations. Furthermore, your personal data is processed for the execution of our contracts with you, particularly in the context of our order processing and use of your services.

2.3 Compliance with legal obligations (Art. 6 Para. 1 lit. c GDPR)

We process your personal data as far as necessary to fulfill commercial and tax law retention obligations or otherwise legally required by legal norms. (e.g., according to the Money Laundering Act).

2.4 Protection of the legitimate interests of us or a third party (Art. 6 para. 1 lit. f GDPR)

We may also process your personal data based on a balance of interests to protect the legitimate interests of us or a third party. This is done for the following purposes:

  • for matching with European and international anti-terrorism lists, if this goes beyond legal obligations;
  • for the further development of services and products as well as existing systems and processes;
  • for obtaining information and data exchange with credit agencies, if this goes beyond our economic risk;
  • for the disclosure of personal data in the context of due diligence, e.g., in company sales;
  • for enriching our data by researching and using publicly accessible data;
  • for statistical evaluations or market analysis;
  • for benchmarking;
  • for internal and external investigations and/or security reviews;
  • for ensuring and exercising our domiciliary rights by appropriate measures;
  • for the enforcement of our rights and the defense against unjustified claims in case of legal disputes with you. 

3. Categories of personal data that we process

The following categories of data are processed:

  • Personal data (e.g., name, nationality, occupation/industry),
  • Contact data (e.g., address, email address, telephone number),
  • Banking data (e.g., account number),
  • Tax data (e.g., VAT identification number),
  • Information about your financial situation (e.g., creditworthiness data),
  • Registry data and other data from public sources (e.g., internet, media, press, commercial and association registers, residents’ registration offices, debtor directories, land registers). 

4. Who receives your data?

We share your personal data within our company with the departments that need this data to fulfill contractual and legal obligations or to implement our legitimate interests.

In addition, the following entities may receive your data:

  • Processors used by us (Art. 28 GDPR) and service providers for support activities, for example, in the areas of IT services, logistics, and printing services, archiving, document processing, data destruction, purchasing/procurement, media technology, tax and business auditing, courier services;
  • Public bodies and institutions in the presence of a legal or regulatory obligation by which we are required to disclose data;
  • Bodies and institutions based on our legitimate interest or the legitimate interest of a third party for the purposes mentioned under section 2.4 (e.g., to authorities, credit agencies, debt collection, lawyers, courts, appraisers). 

5. Transmission of your data to a recipient in a third country or to an international organization

A transfer of data to entities in countries outside the European Union (EU) or the European Economic Area (EEA) (so-called third countries) or to an international organization is currently not intended.

Should it occur, it will only take place after separate information regarding the existence of an adequacy decision by the EU Commission on the level of data protection and only if it is necessary for the execution or termination of the contract with you, it is legally required (e.g., tax reporting obligations), it is within the scope of a legitimate interest of us or a third party, or you have given us your consent.

The processing of your data in a third country may also occur in connection with the engagement of service providers as part of order processing.

If there is no decision by the EU Commission on an adequate level of data protection for the respective country, we ensure according to Art. 46, 47 GDPR through binding internal data protection regulations, appropriate contracts, or other legally provided guarantees that your personal data, rights, and freedoms are adequately protected and guaranteed at the recipient, unless there is a legal exception from compliance with the adequate protection level according to Art. 49 GDPR. 

6. How long do we store your data?

Where necessary, we process your personal data for the duration of our contractual relationship with you.

In addition, we are subject to various storage and documentation obligations that arise, among other things, from the legal framework conditions. The periods for storage or documentation specified there last up to ten years beyond the end of the contract.

Ultimately, the duration of storage is also determined by the statutory limitation periods, which, according to §§ 195 ff. of the German Civil Code (BGB), are generally three years but can also be up to thirty years in certain cases. 

7. To what extent is there automated decision-making in individual cases (including profiling)?

We do not use purely automated decision-making processes in accordance with Article 22 of the GDPR. If we were to use these procedures in individual cases, we would inform you separately about this.

 

8. Scope of your obligations to provide us with your data

You only need to provide data that is required for the commencement and execution of a contractual relationship with us, for which we are legally obligated to collect, or entitled to collect to protect legitimate interests. You are not obliged to provide personal data. However, without the provision of such data, the performance of the contract would not be possible in an orderly manner, which could ultimately lead to the refusal of the conclusion or the termination of a contract. If we request additional data from you, you will be specifically informed of the voluntary nature of the information. 

9. Affected Person's Rights

You have the right to:

  • according to Art. 15 GDPR, request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned duration of storage, the existence of a right to correction, deletion, limitation of processing or opposition, the existence of a right to lodge a complaint, the source of your data if it was not collected from us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about the details thereof;
  • according to Art. 16 GDPR, demand the immediate correction of incorrect or completion of your personal data stored by us;
  • according to Art. 17 GDPR, demand the deletion of your personal data stored with us, unless the processing is necessary for exercising the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
  • according to Art. 18 GDPR, demand the restriction of the processing of your personal data insofar as the accuracy of the data is contested by you, the processing is unlawful, but you reject its deletion and we no longer need the data, but you require it for the assertion, exercise or defense of legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
  • according to Art. 20 GDPR, receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format or to request the transfer to another controller;
  • according to Art. 7 para. 3 GDPR, to revoke your consent at any time towards us. As a result, we are no longer allowed to continue the data processing based on this consent for the future.

If you wish to exercise any of these rights, please contact us or, if applicable, our data protection officer.

Information on Your Right to Object According to Art. 21 GDPR

You have the right to object to the processing of personal data concerning you, which is carried out on the basis of Art. 6 Para. 1 lit. f GDPR (data processing on the grounds of legitimate interests) or Art. 6 Para. 1 lit. e GDPR (data processing for the performance of a task carried out in the public interest).

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

Information on Your Right to Withdrawal According to Art. 7 Para. 3 GDPR

Insofar as we carry out the processing of your personal data for certain purposes based on your consent, you have the right according to Art. 7 Para. 3 GDPR to withdraw your consent at any time. Upon receipt of your withdrawal, we will stop processing the data for the purposes for which you have given us your consent. The legality of the processing before your withdrawal is not affected.

Please note that the withdrawal only takes effect for the future. Processing that took place before the withdrawal is not affected.

Objection to processing for the purposes of direct advertising

In the case of data processing for direct advertising, you have the right at any time to object to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct advertising.

If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.

The objection can be made informally and should ideally be addressed to:

Intrakommuna GmbH
Dornacher Str. 3
85622 Feldkirchen
datenschutz@intrakommuna.de

10. Your right to complain to the competent supervisory authority

You have the right to lodge a complaint with the data protection authority if you believe that the processing of your data violates the GDPR (Art. 77 GDPR). The supervisory authority responsible for us is:

Bavarian State Office for Data Protection Supervision, Promenade 18, 91522 Ansbach, Phone: +49 (0) 981 180093-0, Email: poststelle@lda.bayern.de