Privacy Policy

Privacy Policy

Thank you for showing interest in our company. Data protection is of a top priority for the management of INOQ GmbH. In principle, it is possible to use the INOQ GmbH website without providing any personal data. However, if a data subject wishes to make use of our company’s special services via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally ask the data subject for their consent.

The processing of personal data, for example the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to INOQ GmbH. With this Privacy Policy, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this Privacy Policy informs data subjects of their rights.

As the controller, INOQ GmbH has implemented numerous technical and organisational measures to ensure the best protection possible of personal data processed by this website. Nevertheless, Internet-based data transmissions can generally have security gaps, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us in alternative ways, for example by telephone.

  1. Definitions

The Privacy Policy of INOQ GmbH is based on the terms used by the European regulator when the General Data Protection Regulation (GDPR) was adopted. We want our Privacy Policy to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms in this Privacy Policy:

  • 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

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

  • c)    Processing

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.

  • d)    Restriction of processing

Restriction means the marking of stored personal data with the aim of limiting their 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 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 are not attributed to an identified or identifiable natural person.

  • g)    Controller or controller responsible for processing

A controller or controller responsible for processing 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.

  • h)    Processor

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

  • i)      Recipient

A 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 Union or Member State law shall not be regarded as recipients.

  • j)      Third party

A 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 means 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.

  1. Name and address of the controller responsible for processing

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

INOQ GmbH
Solkau 2
29465 Schnega
Germany
Tel.: +49 5842-981672
Email: info@inoq.de
Website: https://inoq.de/

  1. Collection of general data and information

The INOQ GmbH website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the server’s log files. The data and information collected includes (1) 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 (‘referrer’), (4) the sub-web pages that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

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

  1. Contact option via the website

Due to legal regulations, the INOQ GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for ‘electronic mail’ (email address). If a data subject contacts the controller responsible for processing by email or a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller responsible for processing are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

  1. Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period of time that is necessary to achieve the storage purpose or if this is specified by the European regulator or another legislator in laws or regulations to which the controller responsible for processing is subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European regulator or another responsible legislator expires, the personal data will be routinely blocked or erased in accordance with the legal provisions.

  1. Rights of the data subject

a)    Right to confirmation

Every data subject has the right, granted by the European regulator, to request confirmation from the controller responsible for processing as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the controller responsible for processing at any time.

b)    Right of access

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

  • the processing purposes
    • the categories of personal data that are processed
    • the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular in the case of recipients in third countries or international organisations
    • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
    • the existence of a right to rectification or erasure of the personal data concerning them or to restriction of processing by the controller or a right to object to this processing
    • the right to lodge a complaint with a supervisory authority
    • if the personal data is not collected from the data subject: All available information about the origin of the data
    • the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

Furthermore, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organisation. If this is the case, the data subject has the right of access to information about the appropriate guarantees in connection with the transmission.

If a data subject wishes to exercise this right of access, they can contact our data protection officer or another employee of the controller responsible for processing at any time.

c)    Right to rectification

Every data subject has the right, granted by the European regulator, to request the immediate rectification of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – including by means of a supplementary declaration.

If a data subject wishes to exercise this right to rectification, they can contact our data protection officer or another employee of the controller responsible for processing at any time.

d)    Right to erasure (‘right to be forgotten’)

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

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

If a data subject wishes to exercise this right to confirmation, they can contact our data protection officer or another employee of the controller responsible for processing at any time. The data protection officer of INOQ GmbH or another employee will arrange for the erasure request to be fulfilled immediately.

If the personal data has been made public by INOQ GmbH and our company, as the controller, is obliged to erase the personal data in accordance with Article 17 (1) GDPR, INOQ GmbH shall take appropriate measures, taking into account the available technology and the implementation costs, also of a technical nature, in order to inform other data controllers who process the published personal data that the data subject has requested the erasure of all links to this personal data or of copies or replications of this personal data from these other data controllers, provided that the processing is not necessary. The data protection officer of INOQ GmbH or another employee will arrange for the necessary measures in the individual case.

e)    Right to restriction of processing

Any data subject affected by the processing of personal data shall have the right, granted by the European regulator, 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 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 Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the abovementioned conditions applies and a data subject wishes to obtain restriction of the personal data INOQ GmbH has stored, they can contact our data protection officer or another employee of the controller responsible for processing at any time. The data protection officer of INOQ GmbH or another employee shall arrange for the processing to be restricted.

f)     Right to data portability

Every data subject has the right, granted by the European regulator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also hast the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, provided that the processing is based on consent pursuant to Article 6 (1)(a) GDPR or Article 9 (2)(a) GDPR or on a contract pursuant to Article 6 (1)(b) and the processing is carried out by automated means, and provided 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, when exercising his or her right to data portability in accordance with Article 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, provided that this is technically feasible and does not affect the rights and freedoms of other persons.

To assert the right to data portability, the data subject can contact the data protection officer appointed by INOQ GmbH or another employee at any time.

g)    Right to object

Every data subject has the right, granted by the European regulator, 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 point (e) or (f) of Article 6 (1). This also applies to profiling based on these provisions.

INOQ GmbH shall no longer process the personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend of legal claims.

If INOQ GmbH 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 includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes by INOQ GmbH, the personal data shall no longer be processed by INOQ GmbH for such purposes.

Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) GDPR, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

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

h)    Automated individual decision-making, including profiling

Every data subject has the right, granted by the European regulator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is authorised by Union or 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 based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is based on the data subject’s explicit consent, INOQ GmbH 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 to contest the decision.

If the data subject wishes to exercise rights regarding automated decision-making, they can contact our data protection officer or another employee of the controller responsible for processing at any time.

i)      Right to withdraw consent to data processing

Every data subject has the right, granted by the European regulator, to withdraw consent to the processing of his or her personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, they can contact our data protection officer or another employee of the controller responsible for processing at any time.

  1. Legal basis for processing

Article 6 (1)(a) GDPR serves as the legal basis for processing operations for our company, for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfil a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or return service, the processing is based on Article 6 (1)(b) GDPR. The same applies to processing operations that are required to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Article 6 (1)(c) GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In this case, processing would be based on Article 6 (1)(d) GDPR. Ultimately, processing operations could be based on Article 6 (1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not outweigh them. In particular, we are permitted to carry out such processing operations because they have been specifically mentioned by the European regulator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 (2) GDPR).

  1. Legitimate interests in processing that are being pursued by the controller or a third party

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

  1. Storage period of personal data

The criterion for the storage period of personal data is the respective legal retention period. After this period has expired, the relevant data is routinely erased, provided that it is no longer required to fulfil or initiate a contract.

  1. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We kindly inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would mean that the contract cannot be concluded with the data subject. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of 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 what consequences the failure to provide the personal data would have.

  1. Existence of automated decision-making

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

This Privacy Policy was created by the Data Protection Declaration Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which works as the External Data protection Officer Munich, in cooperation with the data protection lawyer Christian Solmecke.