We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of JSPC International AG. A use of the Internet pages of the JSPC International AG is basically possible without any indication of personal data. If a person concerned would like to take up special services of our enterprise over our Internet page, however, a processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such a processing, we generally obtain the consent of the person concerned.
The JSPC International AG has implemented numerous technical and organizational measures as the person responsible for the processing to ensure a complete protection of the personal data processed through this website. Nevertheless, Internet-based data transmissions can have security gaps, so that an absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions of terms
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as '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 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 means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, 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 their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller
Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients.
j) Third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given specific and informed expression of the data subject's will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. Name and address of the controller
The person responsible within the meaning of the basic 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 the:
JSPC International AG
Phone: +41 (0)43 541 48 55
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
4. Collection of general data and information
The website of the JSPC International AG collects with every call of the website by a person concerned or an automated system a series of general data and information. These general data and information are stored in the log files of the server. The (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 (so-called referrer), (4) the sub-websites, which are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
When using these general data and information, the JSPC International AG does not draw any conclusions about the person concerned. This information is rather needed to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) to ensure the permanent functionality of our information technology systems and the technology of our website and (4) to provide law enforcement agencies in the case of a cyber attack the necessary information for prosecution. These anonymously collected data and information are therefore statistically evaluated by the JSPC International AG on the one hand and also with the goal of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. Registration on our website
The data subject shall have the possibility to register on the Internet site of the controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the data subject are collected and stored solely for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the controller.
Furthermore, by registering on the controller's website, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration are stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
The registration of the data subject under voluntary disclosure of personal data serves the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller.
The data controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. In addition, the controller shall correct or delete personal data at the request or notification of the data subject, unless otherwise required by law. The entire staff of the data controller is available to the data subject as contact persons in this context.
6. Subscription to our newsletter
On the website of JSPC International AG, users are given the opportunity to subscribe to the newsletter of our company. Which personal data will be transmitted to the person responsible for processing when ordering the newsletter can be seen from the input mask used for this purpose. If you subscribe to our newsletter, we will use the data required for this purpose or separately provided by you to send you our e-mail newsletter on a regular basis based on your consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO.
The JSPC International AG informs its customers and business partners at regular intervals in a newsletter about offers of the company. The newsletter of our company can be received by the person concerned only if (1) the person concerned has a valid email address and (2) the person concerned registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorized the receipt of the newsletter as a data subject.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the data controller.
The personal data collected in the course of registering for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking the consent, a corresponding link is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.
7. Newsletter tracking
The newsletters of JSPC International AG contain so-called counting pixels. A tracking pixel is a miniature graphic embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded pixel-code, JSPC International AG can identify whether and when an e-mail was opened by an affected person and which links in the e-mail were called up by the affected person.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimise the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure at any time. After revocation, these personal data will be deleted by the data controller. A cancellation of the receipt of the newsletter is automatically interpreted by JSPC International AG as a revocation.
8. Contact possibility over the Internet page
Due to legal regulations, the website of JSPC International AG contains information that allows a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the data subject. Such personal data shall not be disclosed to third parties.
9. Routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
10. Rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to 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 of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of the staff of the controller.
c) Right of rectification
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject shall have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right of erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21(1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) DPA.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data were collected in relation to information society services offered in accordance with Article 8 (1) DS-GVO.
If one of the above mentioned reasons applies and a person concerned wants to arrange for the deletion of personal data stored at JSPC International AG, he can contact an employee of the data controller at any time. The employee of the JSPC International AG will arrange that the deletion request is immediately followed.
If the personal data were made public by the JSPC International AG and our enterprise is obligated as a responsible person in accordance with art. 17 paragraph 1 DS-GVO to the deletion of the personal data, then the JSPC International AG takes under consideration of the available technology and the implementation costs appropriate measures, also of technical kind, in order to inform other responsible persons for the data processing, which process the published personal data, about the fact that the person concerned demanded the deletion of all links to these personal data or of copies or replications of these personal data from these other responsible persons for the data processing, as far as the processing is not necessary. The employee of the JSPC International AG will arrange the necessary in individual cases.
e) Right on restriction of the processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject.
If one of the above mentioned conditions is given and a data subject wants to request the restriction of personal data stored at the JSPC International AG, he can contact an employee of the data controller at any time. The employee of the JSPC International AG will arrange the restriction of the processing.
f) Right to data transferability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1)(a) DPA or Art. 9(2)(a) DPA or on a contract pursuant to Art. 6(1)(b) DPA and that the processing is carried out by means of automated procedures, unless the processing is 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 their right to data transferability in accordance with Art. 20 Paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one person responsible to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
To assert the right to data transferability, the person concerned can contact an employee of the JSPC International AG at any time.
g) Right to contradiction
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
The JSPC International AG processes the personal data in the case of the contradiction no more, unless we can prove compelling reasons for the processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defense of legal claims.
If the JSPC International AG processes personal data in order to carry out direct advertising, the person concerned has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, as far as it is related to such direct advertising. If the data subject objects to the processing for the purpose of direct advertising to the JSPC International AG, the JSPC International AG will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her, which is carried out at JSPC International AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Paragraph 1 DS-GVO, unless such processing is necessary to fulfill a task in the public interest.
To exercise the right to object, the person concerned can directly contact any employee of JSPC International AG or another employee. The data subject is also free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the express consent of the data subject, JSPC International AG shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the controller, to express his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the staff of the controller.
i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
j) Right to complain to the competent data protection supervisory authority
Every person affected by the processing of personal data has the right to complain to a supervisory authority, as granted by the European Directives and Regulations. As a general rule, you can contact the supervisory authority in your usual place of residence or work or at our registered office.
11. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary 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 was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. 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 sentence 2 DS-GVO).
12. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
13. The duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
14. Legal or contractual provisions on 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 not providing the data
We would like to 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). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the data subject on a case-by-case basis 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 what the consequences would be if the personal data were not provided.
15. Existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created by the Data Protection Declaration Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Commissioner Bremen, in cooperation with the lawyer for data protection law Christian Solmecke.