Privacy and GDPR Policy

Privacy and GDPR Policy

  1. Definitions

This data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. In this data protection declaration, we use, inter alia, the following terms:

Personal data

any information relating to an identified or identifiable natural person (“data subject”).

Data subject

anyone 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.

Processing

any operation or set of operations which is performed on personal data or on sets of personal data, by manual or 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.

Restriction of processing

the marking of stored personal data with the aim of limiting processing in the future.

Profiling

any form of automated processing of personal data to evaluate certain personal aspects relating to a data subject, in particular to analyse or predict aspects concerning that data subject’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Anonymisation

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 is not attributed to an identified or identifiable natural person.

Data controller

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 data controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor

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

Recipient

a natural or legal person, public authority, agency or another body, to which the personal data is 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; the processing of that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Third party

a natural or legal person, public authority, agency or body other than the data subject, data controller, processor and persons who, under the direct authority of the data controller or processor, are authorised to process personal data.

Consent of the data subject

is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she signifies agreement to the processing of personal data relating to him or her.

  1. General

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the data controller. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Processing of personal data is necessary and there is no statutory basis for such processing. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

JMP Media have implemented technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means.

  1. Name of the data controller

For the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is JMP Media.

  1. Collection of general data and information

The website collects general data and information when a data subject or automated system (“visitor”) visits the website. This general data and information is stored in the server log files and may include: (1) the browser types and versions used, (2) the operating system used, (3) the website from which the visitor reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access, (6) an Internet protocol (IP) address, (7) the Internet Service Provider, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, JMP Media does not draw any conclusions about the data subject. This information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, JMP Media analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

  1. Contact via the website

The website may contain contact forms or other methods that enables a visitor to contact us, as well as direct communication with us. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

  1. Comments on a blog on the website

The website may offer visitors the ability to leave comments on contributions to a blog on the website. A blog is a web-based, publicly accessible portal, through which one or more people may post articles or write down thoughts in blog posts. Blog posts may usually be commented on by third parties. If a data subject leaves comments on the blog published on this website, those comments are also stored and published, with information on the date of the comment and on the pseudonym chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content. The storage of this personal data is, therefore, in the interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defence of the data controller.

  1. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

  1. Rights of the data subject

a) Right of confirmation

A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him or her is being processed.

b) Right of access

A data subject shall have the right to obtain from the data controller free information about his or her personal data stored at any time and request a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data is not collected directly from the data subject, any available information as to its source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

c) Right to rectification

Each data subject shall have the right to the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

d) Right to erasure (Right to be forgotten)

A data subject shall have the right to request the erasure of personal data concerning him or her, and the data controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

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

Where the data controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the data controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, that personal data, as far as processing is not required. JMP Media will arrange the necessary measures in individual cases.

e) Right of restriction of processing

A data subject shall have the right to 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 its use instead.
  • The data 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) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

f) Right to data portability

A data subject shall have the right to receive a copy the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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.

If one or more of the aforementioned conditions 8a to 8f is met, and a data subject wishes to exercise their right to request confirmation, access, rectification, erasure, restriction of processing, or receive a copy of, personal data stored by JMP Media, he or she may at any time contact the data controller in writing to make such request, and JMP Media will comply with the request within a reasonable time.