The purpose of this Privacy Policy is to inform individuals, customers, users of products or services, colleagues, employees, and other persons (hereinafter referred to as “the individual”) who interact with Incom d.o.o. (hereinafter referred to as “the company”) about the purposes, legal bases, safeguards, and rights of individuals with regard to the processing of personal data carried out by the company.

 

We value your privacy, so we always protect your data with due diligence.

 

We process personal data in accordance with applicable data protection legislation and other legislation that provides us with a legal basis for processing personal data.

 

Any changes to this document will be published on our website. By using the website, you acknowledge that you have read and understood the entire content of this Privacy Policy.

 

Personal Data Controller: COMPANY: Incom d.o.o. ADDRESS: Tovarniška cesta 6a PLACE: 5270 Ajdovščina E-mail: [email protected] telephone:  +386 5 364 39 00 Website: https://incomleone.com/sl/

1) Personal data

Personal data means any information relating to an identified or identifiable individual; an identifiable individual 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 by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

2) Purposes of processing and grounds for processing

The company collects and processes personal data on the following legal bases:

• processing is necessary for compliance with a legal obligation to which the controller is subject;
• processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
• the processing is necessary for the legitimate interests pursued by the controller or by a third party;
• the data subject has given consent to the processing of his or her personal data for one or more specified purposes;
• processing is necessary in order to protect the vital interests of the data subject or of another natural person.

 

 

Buying goods and services in physical store

When an individual makes a purchase physically in a store, it can be carried out without processing personal data, unless the nature of the purchase makes it necessary to process personal data in order to carry it out.

 

The legal basis for processing the data is the contract. The retention period is until the purpose of the contract has been fulfilled or until 6 years after termination of the contract.

 

Informing individuals by email, e.g. newsletters

The Company may, in the course of its lawful business, inform customers, clients and users of its services, events, training, offers and other content by sending an email to their email address. The individual may at any time request the cessation of such communication and processing of personal data and may cancel the receipt of communications by using the “unsubscribe” link in the communication received or by sending a request by e-mail or regular mail to the company’s address.

 

The legal bases for processing data are legitimate interest and consent. The data will be processed until the cancellation of the receipt of communications or the withdrawal of consent or until the purpose of the processing is fulfilled. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

Video surveillance

Incom d.o.o. implements video surveillance. Video surveillance (cameras are installed at the entrances to the organisation and in the organisation itself) is used to monitor entrances and exits of the premises (pursuant to Article 77 of the Personal Data Protection Act (ZVOP-2)). Video surveillance is also carried out for the purpose of protecting individuals (users, employees and visitors) and the property of the organisation (on the basis of legitimate interest as defined in Article 6(1)(f) of the GDPR, in conjunction with Articles 76 et seq. of ZVOP-2). Video surveillance is carried out in certain work areas where it is strictly necessary for the security of people or property or to protect classified information or business secrets. Video surveillance will help us to detect, deal with or resolve incidents, emergencies, crimes, claims for damages or other claims. Recordings are kept for up to 2 months. Video surveillance allows an authorised person to monitor premises in real time. For information on video surveillance, please contact the organisation’s telephone number or email address. The rights of individuals are described in this Privacy Policy. You can also contact the Data Protection Officer if you have further questions.

 

The video surveillance is partly carried out by the contractual processor Sintal d.o.o. and partly by Incom d.o.o. itself.

 

Implementation of the contract concluded

In cases where an individual enters into a contract with a company, this constitutes the legal basis for the processing of personal data. Personal data may thus be processed by the company for the conclusion and performance of a contract, such as the sale of goods and services, quoting, participation in various programmes, etc. If the individual does not provide personal data, the company cannot conclude the contract, nor can the company perform the service or deliver the goods or other products in accordance with the contract, as it does not have the necessary data to perform the contract. On this basis, the company shall process only and exclusively those personal data necessary for the conclusion and proper performance of the contractual obligations.

 

The legal basis for processing the data is the contract. The retention period is until the purpose of the contract has been fulfilled or until 6 years after the termination of the contract, except in cases where there is a dispute between the individual and the company in relation to the contract. In such a case, the company shall keep the data for 10 years after the final decision of the court, arbitration or court settlement or, if there was no court dispute, for 6 years from the date of amicable settlement of the dispute.

 

Legitimate interest

The company may also process personal data on the basis of a legitimate interest pursued. The latter shall not be admissible where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. Where legitimate interest is invoked, the company will carry out an assessment in accordance with the law. The processing of personal data of individuals for direct marketing purposes is considered to be carried out in the legitimate interest.

The company may process personal data of data subjects collected from publicly available sources or in the course of the legitimate exercise of its activities, including for the purposes of offering goods, services, employment, information about benefits, events, etc. To achieve these purposes, the company may use ordinary mail, telephone calls, e-mail and other means of telecommunication. For direct marketing purposes, the company may process the following personal data of data subjects: name and surname of the individual, address of permanent or temporary residence, telephone number and e-mail address. For direct marketing purposes, the company may also process the personal data referred to above without the explicit consent of the data subject. The individual may at any time request the cessation of such communication and processing of personal data and may cancel the receipt of communications by using the “unsubscribe” link in the communication received or by sending a request by e-mail or regular mail to the company’s address.

 

The legal basis for processing the data is the legitimate interest. The data will be processed until the withdrawal of the receipt of communications or until the purpose of the processing is fulfilled. The withdrawal shall not affect the lawfulness of processing based on consent prior to its withdrawal.

 

Processing on the basis of consent

If the company does not demonstrate a legal basis based on the law, a contractual obligation, a legitimate interest or the protection of the life of the data subject, it may ask for the data subject’s consent. It may also process certain personal data of the data subject for the following purposes where the data subject gives his or her consent:

• residence address and email address (for information and communication purposes);
• photographs, videos and other content relating to the data subject (e.g. posting photos of individuals on the website for the purposes of documenting activities and publicising the work and events of the company;
• other purposes to which the data subject consents.

 

If the data subject has given his or her consent to the processing of personal data and at some point no longer wishes to do so, he or she may request the cessation of the processing of personal data by sending a request by e-mail or by regular mail to the company’s address. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Upon receipt of a withdrawal or a request for deletion, the data shall be deleted within 15 days at the latest. The company may also delete this data before withdrawal where the purpose of the processing of personal data has been achieved or where required by law.

 

Exceptionally, a company may refuse a request for erasure on the grounds set out in the GDPR in cases of the exercise of the right to freedom of expression and information, compliance with a legal obligation to process, reasons of public interest in the field of public health, archiving purposes in the public interest, scientific or historical research purposes, statistical purposes, the exercise or defence of legal claims.

 

The legal basis for processing the data is the consent. The data will be processed until the consent is withdrawn or until the purpose of the processing is fulfilled. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

Protecting the vital interests of the data subject

The company may process the personal data of the data subject insofar as this is necessary to protect his or her vital interests. In urgent cases, the company may search for a data subject’s identity document, check whether that person exists in its database, examine the data subject’s medical history or contact his or her relatives, without the need for the data subject’s consent. This applies where it is strictly necessary for the protection of the vital interests of the data subject.

3) Retention and deletion of personal data

The company will only retain personal data for as long as necessary to fulfil the purpose for which the personal data was collected and processed. If the company processes the data on the basis of the law, it will retain the data for the period prescribed by the law. In this case, some data is retained for the duration of the relationship with the company, while other data must be retained permanently. Personal data processed by the company on the basis of a contractual relationship with the data subject shall be kept by the company for the period necessary for the performance of the contract and for a period of 6 years after its termination, except in cases where there is a dispute between the data subject and the company in relation to the contract. In such a case, the company shall keep the data for 10 years after the final decision of the court, arbitration or court settlement or, if there was no court dispute, for 6 years from the date of amicable settlement of the dispute. The personal data that is processed by the company on the basis of the data subject’s personal consent or legitimate interest will be kept by the company until the consent is withdrawn or until a request for deletion of the data is made. Upon receipt of a revocation or a request for deletion, the data shall be deleted without undue delay. The company may also delete this data before revocation where the purpose of the processing of personal data has been achieved or where required by law. In the event that the rights of the data subject are asserted, the company shall retain the personal data of that data subject until the case has been finally decided, and after the final decision has been made, in accordance with the final decision in the case.

Exceptionally, a company may refuse a request for erasure on grounds such as: the exercise of the right to freedom of expression and information, compliance with a legal obligation to process, grounds of public interest in the field of public health, archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, the exercise or defence of legal claims. After the retention period, the company must effectively and permanently erase or anonymise the personal data so that it can no longer be linked to a specific individual.

4) Contractual processing of personal data and data export

The company may entrust individual processing of personal data to a contractual processor on the basis of a contractual processing agreement. Contractual processors may process the entrusted data solely on behalf of the controller, within the limits of the controller’s authorisation, as set out in a written contract or other legal instrument, and in accordance with the purposes set out in this Privacy Policy.

The contractual processors with which the company cooperates are mainly:

• accounting services and other providers of legal and business consultancy services;
• infrastructure maintenance providers (video surveillance, security services);
• information system maintainers;
• providers of email services and software, cloud services (e.g. Microsoft, Google);
• providers of social networks and online advertising services (Google, Facebook, Instagram, etc.).

 

In order to improve the overview and control of the contractual processors and the arrangement of the contractual relationship between them, the company also maintains a list of contractual processors, which includes all the specific contractual processors with which the company cooperates.

 

Under no circumstances will the company disclose the personal data of an individual to unauthorised third parties. Contractual processors may only process personal data within the scope of the company’s instructions and may not use personal data for any other purpose.

 

The Company as Controller and its employees do not export personal data to third countries (outside the Member States of the European Economic Area – EU Member States plus Iceland, Norway and Liechtenstein) and to international organisations, except to the USA, where the relationship with the US contract processors is as follows

governed by standard contractual clauses (standard contracts adopted by the European Commission) and/or binding corporate rules (adopted by the company and approved by EU supervisory authorities).

5) Cookies

The company’s website works by using the so-called cookies, which are important for the provision of online services and are used to store information about the state of a particular website, to help collect statistics about users and website traffic, etc. When entering a website, only those cookies that are strictly necessary for the website to function (e.g. for the shopping cart) are placed on your device. Other cookies will only be uploaded with the consent of the individual. You can change your settings and delete cookies at any time (instructions can be found on the web pages of each browser).

6) Data protection and data accuracy

The company manages information security and infrastructure security (premises and applied system software). Our IT systems are protected by, among other things, antivirus software and firewall. We have put in place appropriate organisational and technical security measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access, and against other unlawful and unauthorised forms of processing. In the case of specific types of personal data, we provide them in encrypted and password-protected form. It is the data subject’s responsibility to ensure that his or her personal data is provided securely and that the data provided is accurate and reliable.

7) Rights of the data subject with regard to data processing

The data subject shall have the right to request access to and rectification or erasure of personal data concerning him or her, or the restriction of processing relating to him or her, as well as the right to object to processing and the right to data portability. The request of the data subject shall be treated in accordance with the provisions of the General Data Protection Regulation and the applicable data protection legislation.

 

The data subject can exercise all of these rights and raise any questions by sending a request to the company. The company will respond to the request without undue delay, no later than one month after receiving the request. This time limit may be extended by up to two months, taking into account the complexity and number of requests, and the data subject will be informed of this, together with the reasons for the delay. The exercise of rights is free of charge for the data subject, but the company may charge a reasonable fee if the request is manifestly unfounded or excessive, in particular if it is repetitive. In such a case, the

company may also reject the request. If there is any doubt about the identity of the data subject, additional information may be requested that the company needs to establish the identity.

 

In the decision on the request, the company will also inform the data subject of the reasons for the decision and of his or her right to lodge an appeal with the supervisory authority within 15 days of being informed of the decision. The right to lodge a complaint with the supervisory authority may be exercised by the data subject with: the Information Commissioner of the Republic of Slovenia at: Dunajska 22, 1000 Ljubljana (e-mail: [email protected], website: www.ip-rs.si).

 

This Privacy Policy is effective as of Monday, 09/12/2024.

 

Director Boštjan Jerončič