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: Company)

represented by Mr. Nick Loth

Address: Elly-Staegmeyr-Straße 2, 80992 Munich, Germany

Email: info@intrakommuna.de

Phone: +49 (0) 89-14377676

You can reach our data protection officer at 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 contract documents, forms, consent declarations and other information provided to you (e.g., on the website or in terms of business).

2.1 Consent (Article 6(1)(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 Performance of pre-contractual measures and fulfillment of contractual obligations (Article 6(1)(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 to carry out our contracts with you, particularly in the context of our order processing and use of your services.

2.3 Compliance with legal obligations (Article 6(1)(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 Preservation 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 balancing 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-terror 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 exceeds our economic risk;
for the disclosure of personal data as part of due diligence (obligations catalog), e.g., in the case of company sales;
for the enrichment of our data by researching and using publicly accessible data;
for statistical evaluations or for market analyses;
for benchmarking;
for internal and external investigations and/or security checks;
for ensuring and exercising our domiciliary rights by appropriate measures;
for the enforcement of our rights and 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, profession/industry),
Contact data (e.g., address, email address, phone 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, 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 interest.

Furthermore, the following entities may receive your data:

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

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

A transmission 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. If necessary, it will only take place after separate information about the existence of an adequacy decision by the EU Commission regarding the level of data protection and only if it should be necessary for the execution or termination of a contract with you, it is legally required (e.g., tax reporting obligations), it lies within a legitimate interest of ours or a third party, or you have given us consent. In this context, your data may also be processed in a third country in connection with engaging service providers as part of order processing. If there should be no decision by the EU Commission on an adequate level of data protection existing in that country, we ensure according to Art. 46, 47 GDPR through binding internal data protection regulations, corresponding contracts or other legally provided guarantees that your personal data rights and freedoms are adequately protected and guaranteed at the recipient’s end unless there is a legal exception from compliance with adequate protection levels according to Art. 49 GDPR.

6. How long do we store your data?

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

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

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

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 on 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 the data that is necessary for the initiation and execution of a contractual relationship with us, which we are legally obligated to collect or entitled to maintain in order to protect legitimate interests. You are not obliged to provide personal data. However, without this provision, the contract could not be properly executed, which could ultimately result in refusal of conclusion or termination of a contract. If we request additional data from you, you will be separately informed about the voluntary nature of this information.

9. Affected Person's Rights

You have the right:

pursuant to Article 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the purposes of the processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if they were not collected from us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about the specifics thereof;
pursuant to Article 16 GDPR, to demand the immediate correction of incorrect or completion of your personal data stored by us;
pursuant to Article 17 GDPR, to 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 defence of legal claims;
pursuant to Article 18 GDPR, to demand the restriction of processing of your personal data if you contest the accuracy of the data, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims, or you have objected to the processing pursuant to Article 21 GDPR;
pursuant to Article 20 GDPR, to 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;
pursuant to Article 7(3) GDPR, to withdraw your consent at any time. This means that we may no longer continue the data processing based on this consent for the future.

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

Information about Your Right to Object under Art. 21 GDPR

You have the right to object to the processing of personal data concerning you, which is based on Art. 6(1)(f) GDPR (data processing for the protection of legitimate interests) or Art. 6(1)(e) GDPR (data processing for tasks 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 that override your interests, rights and freedoms, or if the processing is for the establishment, exercise or defense of legal claims.

Information about Your Right of Revocation under Art. 7(3) GDPR

Insofar as we process certain purposes of your personal data based on your consent, under Art. 7(3) GDPR you have the right to revoke your consent at any time. Upon receipt of your revocation, we will cease data processing for the purposes for which you have given us consent. The legality of the processing before your revocation remains unaffected.

Please note that the revocation affects only future processing. Processes that have taken place before the revocation are not affected.

Objection to processing for direct marketing purposes

In the case of data processing for direct marketing, you have the right to object at any time 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 marketing.

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 preferably be addressed to:

Intrakommuna GmbH

Gottfried-Keller-Str. 20

81245 Munich

info@intrakommuna.de

10. Your right to complain to the competent supervisory authority

You have the right to lodge a complaint with the data protection supervisory 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