1. INTRODUCTION

The purpose of this Privacy Policy (hereinafter referred to as "Privacy Policy") is to provide you with information on how your personal data are processed as an external contact person or visitor of the lnCommodities website.

The protection of your personal data and your rights as a data subject in accordance with the applicable data protection legislation is of utmost importance to lnC. We are committed to be compliant with the current regulations and this Privacy Policy has been created in accordance with the applicable data protection legislation, namely the General Data Protection Regulation (hereinafter referred to as "GDPR").

When you interact with us and/or visit and use this website, the ln Commodities Group (hereinafter referred to as "lnC"), process some of your personal data. As a result, lnC is the data controller for such processing.

lnC may process some of your personal data as a contact person employed at a customer, vendor or cooperation partner that lnC has entered into or may enter into a contract with, or as a contact person employed at other external parties that we interact with, e.g. if you contact our traders by e-mail or phone, and/or as a visitor and user of our website. The Privacy Policy also describes your rights in relation to lnC's collection, processing and retention of your personal data.

2. COLLECTION AND CATEGORIES OF PERSONAL DATA

lnC collects and processes your ordinary personal data when you interact with us via e-mail correspondence or phone in relation to our existing contractual relationship or the establishment or termination of such. Examples of ordinary personal data we may process include your name, e- mail address, telephone number, address, your position in the company you are employed at, your place of work, etc.

lf you choose to authorise the use of cookies on our website, lnC will collect information about your online behaviour. Examples of information we may process include your lP-address, your chosen operating system, your chosen internet browser and/or your online activities on the website.

3. PURPOSE AND LEGAL BASIS FOR THE PROCESSING

lnC limits its collection, storing and processing of personal data to situations where the processing is necessary for a specific purpose.

The processing of your personal data is necessary in order to perform a contract to which you are a party (to the extent that you are party to a contract with lnC), cf. Article 6 (1) (b) of the General Data Protection Regulation ("GDPR"), and for the purposes of the legitimate interests pursued by lnC which are regarded not to be overridden by your interests or fundamental rights, cf. Article 6 (1) (f) of the GDPR. Such legitimate interests are, for instance:

• fulfilment of contractual obligations with the company you are representing;
• maintaining and enhancing customer and business relationships;
• invoicing for the services your company provides to InC or vice versa;
• communicating with you on the basis of your inquiry;
• documentation of events, correspondence, etc. in case of a specific dispute between InC and the company you are employed at; and
• providing you with a better website experience and website statistics.

Moreover, the processing is necessary for compliance with InC's legal obligations, cf. GDPR Article 6(1)(c). This legal basis specifically applies e.g., when InC records your telephone conversations with our traders as InC must comply with the rules, best practice and industry standards pursuant to the Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), and when InC is processing and retaining bookkeeping material pursuant to applicable bookkeeping rules.

4. RECIPIENTS OF YOUR PERSONAL DATA

Where necessary for business purposes, lnC may disclose or transfer your personal data to certain third-party recipients, such as lnC Group companies, vendors, business partners or other collaborators.

ln certain specific cases, e.g., in connection with disputes, including when the disclosure of your personal data is necessary for the establishment, exercise or defence of lnC's legal claims, lnC may disclose your personal data to its advisers or other relevant third parties provided it is deemed necessary and lawful.

These parties act generally as data processors and may only process your personal data on behalf of lnC and in accordance with lnC's instructions. They are not permitted to process your personal data for their own purposes.

To the extent lnC discloses or transfers your personal data to these third parties who may use your personal data for their own purposes, such disclosure or transfer will only take place if it is in accordance with applicable law and with prior consent obtained from you, where such consent is required. 

5. TRANSFER OF YOUR PERSONAL DATA TO A THIRD COUNTRY (OUTSIDE OF EU/EEA)

Your personal data may be transferred to a country outside the EU/EEA if necessary for the performance of a service or contractual obligation. lnC ensures that any transfer of your personal data to a third country will be carried out in accordance with the GDPR, i.e. the recipient will ensure an adequate level of data protection, by either entering into the EU standard contractual clauses or adopting supplementary measures.

6. STORAGE OF YOUR PERSONAL DATA

InC will only store your personal data as long as necessary to fulfil the purpose for the processing of your data.

lnC will store your personal data as a contact person of our customers, vendors, etc. until termination of the contractual relationship between lnC and your employer, as long as we communicate, or until a legal claim can no longer be established. lf there is an actual or potential legal dispute with your employer, your personal data will be retained as long as necessary for these purposes. Hereafter, such personal data will be deleted.

Recordings of telephone conversations with our traders relating to trading activities are generally stored for 5 yearsfrom the date of the recording. ln certain specific cases, if deemed necessary and lawful, for instance for the establishment, exercise or defence of legal claims, this storage period may be extended for documentation purposes.

lnC will store your personal data for bookkeeping purposes, such as invoices, for 5 years from the year to which the accounting material relates, in accordance with the Danish Bookkeeping Act. lf the personal data is included in accounting material which is subject to other (foreign) legislation, the personal data will be processed as long as required under said legislation.

7. USE OF COOKIES

We use cookie technology to improve the user experience on our website and to conduct website analysis and website performance review. When you use our website, we do not register any data that can directly identify you. We register how you navigate around the site in order to learn more about how our site is used and use this information to improve the website's content and functionalities.

Further information pertaining to our use of cookies can be found  here: https://incommodities.com/cookie-policy

8. YOUR RIGHTS AS A DATA SUBJECT

As a data subject, you have a number of rights. lnC has taken all necessary and adequate steps to protect your personal data and ensure your rights as a data subject. Your rights are: 

• The right of access to the personal data stored by InC.
• The right to rectify your personal data if it is incomplete or inaccurate.
• The right to restrict or object at any time to InC's processing your personal data.
• Under specific circumstances, the right to erasure of your personal data stored by InC.
• Under specific circumstances, the right to data portability. 

If processing your personal data is based solely on your consent, you have the right to withdraw your consent at any time. The withdrawal of your consent will not affect the lawfulness of InC's processing of your personal data that occurred prior to the withdrawal of your consent.

If you wish to exercise any of your rights as a data subject, please contact us at legal@in-commodities.com.

9. QUESTIONS AND COMPLAINTS

If you have any question about the processing of your personal data or you wish to file a complaint in this regard, you can contact InC at legal@in-commodities.com.

If your complaint is not resolved by InC., you may choose to submit a compliant to the Danish Data Protection Agency. 

Danish Data Protection Agency (Datatilsynet)

Borgergade 28, 5.

1300 Copenhagen K.

Telephone number: +45 33 19 32 00

E-mail address: dt@datatilsynet.dk

Website: www.datatilsynet.dk

11. CHANGE TO THE PRIVACY POLICY

This Privacy Policy will be updated on a regular basis and when necessary due to changes in applicable law and practic. We therefor recommended that you consult this Privacy Policy regularly.

Revision History	Responsible	Summary of change
06/01/2022	Ida Hedam Pedersen, HR Partner	First publication of the Policy
30/01/2024	Nana Mägi, Legal Counsel	Policy updated