Imprint

Incomet Advisory GmbH
Ludwigstrasse 9
D – 80539 Munich
info@incometadvisory.com

Phone: +49 (0) 89 23 16 66 14

Seat of the limited liability company: Munich
Register court: Local court of Munich
Commercial register number: HRB 267175

Managing Director: Gabriele Erbs

 

All of the following declarations are made on behalf of Incomet Advisory GmbH and Incomet Capital GmbH (hereinafter “Incomet”).

 

Disclaimer

Contents of the online offer
For all content on our website, despite careful research, no guarantee is given or to be implied for correctness, topicality and/or completeness.

References and links
No liability/responsibility is assumed for the content of external websites to which links are provided. Incomet has no influence on the design of these websites and is therefore not responsible for their content. Linked pages were checked for possible legal infringements at the time of linking. Illegal content was not apparent at the time of the link/reference.

However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of law. As soon as we become aware of any legal infringements, we will remove such links immediately.

If you are of the opinion that contents on these pages violate the law or that you feel your rights have been violated, please contact us immediately.

Privacy Policy

We are delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Incomet.

This Data Privacy Policy provides information on how your personal data will be processed by Incomet if

  • you visit our website (clause 3),
  • we maintain business relations with you or a company to which you belong (clause 4),
  • you consent to receive information from us (clause 5), or
  • you participate via Microsoft Teams, an application by Microsoft Corporation (6100 Neil Road, Suite 210, Reno, Nevada 89511-1137, USA – “Microsoft”) in an audio- or video conference, a chat and/or desktop sharing session with us or if you work together with us via the respective co-working-platform (clause 6).

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject will always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Incomet. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Incomet has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

 

1. Definitions

The data protection declaration of Incomet is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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 its processing in the future.

e) Profiling
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, 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 are 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 EU or applicable domestic law of the relevant EU member state to which the controller is subject, the controller or the specific criteria for its nomination may be provided for by such law(s).

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 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 EU or applicable domestic law of the relevant EU member state shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

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 of the data subject 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

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection are the companies:

Incomet Advisory GmbH & Incomet Capital GmbH
Ludwigstrasse 9
D – 80539 Munich
info@incometadvisory.com
info@incometcapital.com

Telefonphone: +49 (0) 89 23 16 66 14
Website: www.incometadvisory.com
Website: www.incometcapital.com

 

3. Data protection information for visitors to the website of Incomet

The use of the website of Incomet is possible without needing to input any personal data; however, to the extent a data subject wishes to make use of any online services we provide, it may become necessary to collect and process certain personal data of that data subject. If the processing of personal data is necessary and there is no statutory basis for such processing, we will generally obtain consent from such person.

The website of Incomet collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Incomet does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Incomet analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

3.1 Cookies

The website of Incomet uses cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many 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 webistes and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.

Through the use of cookies, Incomet 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 with the user in mind. Cookies allow us, as previously mentioned, to recognise our website users. The purpose of this recognition is to make it easier for users to utilise our website. The website user that uses cookies, for example, does not have to enter access data each time the website is accessed because this is taken over by the website and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

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

3.2 Data protection information about the application and use of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our website was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.

Under: https://www.linkedin.com/psettings/guest-controls, LinkedIn provides the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies can be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.

3.3 Data protection information about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter International Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland.
With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our website was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

3.4 Data protection information about the application and use of Wordfence

This site uses the security plugin WORDFENCE to protect the website from hacker attacks etc. The provider is DEFIANT, 800 5th Ave Ste 4100, Seattle, WA 98104.

The DSGVO-compliant data processing agreement provided has been concluded.

WORDFENCE currently uses three cookies and the following explains what each cookie does, who set the cookie, and why the cookie helps protect the site.

wfwaf-authcookie- (Hash) What it does: This cookie is used by the WORDFENCE firewall to perform a capability check on the current user before loading WordPress. Who receives this cookie: This cookie is set only for users who can log in to WordPress. How this cookie helps: With this cookie, the WORDFENCE firewall recognises logged-in users and allows them increased access. WORDFENCE can also recognise unregistered users and restrict their access to secure areas. The cookie tells the firewall what level of access a visitor has to help the firewall make wise decisions about who can be allowed and who should be blocked.

wf_loginalerted_ (Hash) What it does: This cookie is used to notify the WORDFENCE administrator when an administrator logs in from a new device or location. Who receives this cookie: This cookie is for administrators only. How this cookie helps: This cookie helps website operators know whether an admin login has taken place from a new device or location.

wfCBLBypass What it does: WORDFENCE allows a site visitor to bypass country blocking by accessing a hidden URL. This cookie can be used to track who is allowed to bypass the country’s blocking. Who receives this cookie: If a hidden URL defined by the site administrator is called, this cookie checks whether the user can access the site from a country that is restricted by the blocking of the country. This is set for anyone who knows the URL that allows the default country blocking to be bypassed. This cookie is not set for someone who does not know the hidden URL to bypass country blocking. How this cookie helps: This cookie allows website owners to allow certain users from blocked countries even though their country has been blocked.

For more information about how DEFIANT handles user information, please see DEFIANT’s Privacy Policy: https://www.WORDFENCE.com/privacy-policy/

 

4. Data protection information for business partners of Incomet

The controller processes personal data in the course of its cooperation with the business partners.

The personal data refer to the data of its business partners, their employees, boarad members, shareholders or even contractual partners of its business partners to the extent that this is necessary in the course of its cooperation with the respective business partner.

The processing refers to the following categories of personal data to the necessary extent: (1) contact information, in particular first and last name, title if applicable, address, phone number, e-mail address, (2) information on business or professional activity, and (3) bank account details.
The processing of these personal data serves the establishment, implementation and execution of the contractual relationship with the business partner. Further reasons as well as information on the recipients of personal data can be found in the respective contracts, where applicable.

 

5. Data protection information for interested parties who have consented to receive information

If you have consented to receive information about current topics, then we will use your contact information (title, first name and last name, professional title, business address and position, and email address) to send you requested information (generally by email). You may revoke your consent at any time with effect for the future. If you revoke your consent, we will no longer send you information and delete your contact information.

 

6. Data protection information in connection with communication and/or cooperation via Microsoft Teams

The controller processes personal data to the extent necessary for communication and cooperation with you via Microsoft Teams.

The personal data refer to you as the person communicating or cooperating with us via Microsoft Teams, or other persons who are the object of such communication or cooperation, for example your employees, colleagues, advisors.

The processing refers to the following categories of personal data to the necessary extent: (1) information you have entered into your own Microsoft Teams account, (2) technical data necessary for operation of the Microsoft Teams functions, in particular IP address, time and duration of usage, protocol and other usage data, (3) audio- and/or video data of participants in audio-/video conferences, (4) contact information, in particular first and last name, title if applicable, address, phone number, e-mail address, (5) information on business or professional activity, and (6) other information in connection with the communication or cooperation.

The purpose and legal basis for the processing of personal data generally derives from the background of the respective communication or cooperation.

For the technical operation of the Microsoft Teams features, we transfer the abovementioned data to Microsoft. In this regard, Microsoft is subject to strict duties of confidentiality and will process the data only on behalf and in accordance with the instructions of Incomet. In connection with this, the abovementioned data may be transferred to countries outside the EU/EEA, in particular the USA. To ensure the adequate protection of the data there, we have concluded standard contractual clauses adopted by the European Commission and also agreed on supplemental measures. We are happy to provide you with a copy of these clauses on request.
Audio- and video data collected during an audio-/video conference or a screen sharing session will be processed only for the duration of the conference or session and will be deleted immediately after. Records to be stored further will not be created without your separate and express consent.

Communication via text and data in connection with cooperation on a co-working platform will be stored as long as necessary given its background. Otherwise, they will be deleted or anonymised as soon as they are no longer necessary, unless further storage is allowed or required by law.

 

7. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with legal requirements.

 

8. Rights of the data subject

a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to Art. 6(1) lit. a of the GDPR, or Art. 9(2) lit. a of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in EU or applicable domestic law of the relevant EU Member State to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Incomet Capital GmbH, he or she may, at any time, contact any employee of the controller. An employee of Incomet Capital GmbH shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Art. 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of Incomet will arrange the necessary measures in individual cases.

e) Right of restriction of processing
Each data subject shall have 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 and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Art. 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Incomet, he or she may at any time contact any employee of the controller. An employee of Incomet will arrange the restriction of the processing.

f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Art. 6(1) lit. a of the GDPR or Art. 9(2) lit. a of the GDPR, or on a contract pursuant to Art. 6(1) lit. b of the GDPR, and the processing is carried out by automated means, as long as 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 Art. 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of Incomet.

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

Incomet shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If Incomet processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Incomet to the processing for direct marketing purposes, Incomet 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 processing of personal data concerning him or her by Incomet for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of Incomet. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Each data subject shall have 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by EU or applicable domestic law in the Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not 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 a data controller, or (2) it is based on the data subject’s explicit consent, Incomet shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Incomet.

i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Incomet.

j) Right to complain
Each data subject shall have the right granted by the European legislator to lodge a complaint with a supervisory authority.

As a rule, the data subject can contact the supervisory authority of his or her usual place of residence or workplace or our registered office for this purpose (Bayerisches Landesamt für Datenschutzaufsicht, www.lda.bayern.de).

 

9. Legal basis for the processing

Art. 6(1) lit. a GDPR serves 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, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be 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 in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Art. 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

 

10. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Art. 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

 

11. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract or the data subject consented to further storage in accordance with Art. 6 (1) lit. a GDPR.

 

12. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We draw to your attention that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence 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 any employee of Incomet. The employee will inform the data subject 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 non-provision of the personal data.

 

13. Existence of automated decision-making

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

This Privacy Policy has been generated by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH in cooperation with the Media Law Lawyers from WBS-Law.

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