1. Definition of terms
a) Personal data
Personal data is all information relating to an identified or identifiable natural person (hereinafter called "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
A data subject is any identified or identifiable natural person, whose personal data is processed by a data controller responsible for the processing.
Processing is any operation or set of operations that 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, blocking, erasure or destruction.
d) Restriction of processing
Restriction of processing is marking stored personal data with the aim with the aim of limiting its processing in future.
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.
Pseudonymisation is 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller means 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 processing are determined by European Union law or the law of the Member States, the controller or the specific criteria for its nomination may be designated by European Union law or the law of the Member State.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or any other body to whom personal data is disclosed, irrespective of whether it is a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with European Union or Member State law shall not be regarded as recipients.
j) Third party
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 authorized to process personal data.
The data subject’s consent is 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.
2. Name and contact information of controller
+41 52 536 58 18
The joe.systems AG websites are using so-called cookies. Cookies are text files that are stored and stored on a computer system via an Internet browser.
Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the person concerned from other Internet browsers. A particular Internet browser can be recognized and identified by the unique cookie ID.
By using cookies, joe.systems AG can provide users of this website with user-friendlier services that would not be possible without the cookie setting.
By means of a cookie the information and offers on our website can be optimized in the sense of the user. Cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website, for example, does not have to reenter his access data every time he visits the website because this is taken over by the website and the cookie stored on the user's computer system.
The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the Internet browser used and thus permanently contradict the setting of cookies. Furthermore, already set cookies can be deleted at any time via an Internet browser or other software programs. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of joe.systems AG collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server.
It can be recorded the
(1) used browser types and versions,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system comes to our website (so-called referrers),
(4) the sub-websites, which 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 used in the case of attacks on our information technology systems.
When using this general data and information, the joe.systems AG does not draw any conclusions about the person concerned. Rather, this information is needed to
(1) deliver the contents of our website correctly,
(2) to optimizethe contents of our website as well as the advertising for these,
(3) to ensurethe permanent functioning of our information technology systems and the technology of our website as well as
(4) to provide law enforcement with the necessary information for prosecution in the event of a cyberattack.
On the one hand, this anonymously collected data and information is evaluated statistically and further by joe.systems AG with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible 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 given by a person concerned.
5. Registration on our website
The data subject has the possibility to register on the website of the person responsible for the processing, giving personal data. The personal data to be sent to the controller is derived from the respective input mask used for the registration. The personal data entered by the data subject shall be collected and stored solely for internal use by the controller and for his own purposes. The controller may arrange for the transfer to one or more processors, such as a parcel service, who also uses the personal data only for internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and time of registration are also stored. The storage of this data takes place against the background that only so the misuse of our services can be prevented, and these data in case of need make it possible to clarify committed offenses. A disclosure of these data to third parties does not take place in principle, as long as there is no legal obligation for passing on or the passing on of the law enforcement serves.
By registering the data subject voluntarily providing personal data, the data controller serves to provide the data subject with content or services that, due to the nature of the case, can only be offered to registered users. Registered persons are free to modify the personal data given at registration at any time or to delete it completely from the database of the data controller.
The controller will provide information to any data subject at any time upon request about what personal data about the data subject is stored. Furthermore, the data controller corrects or deletes personal data at the request or reference of the data subject, insofar as this does not conflict with any statutory storage requirements. All data subjects of the controller are available to the data subject as a contact person in this context.
6. Deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period required to achieve the purpose of the storage or as provided for by the European directive and regulatory authority.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the person concerned
a) Right to confirmation
Each data subject has the right, as granted by the European Regulators and Regulators, to require the controller to confirm whether personal data relating to him / her is being processed. If an affected person wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information
Any person affected by the processing of personal data shall have the right granted by the European directive and regulatory body to obtain at any time, free of charge, from the controller any personal data stored about him or her and a copy of such information. Furthermore, the European legislature has provided the data subject with the following information:
the processing purposes
the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations
if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
the existence of a right to rectification or erasure of the personal data relating to him or to a restriction of the processing by the controller or a right of opposition to such processing
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 about the origin of the data
the existence of automated decision-making including profiling under Article 22 (1) and (4) of the GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If an affected person wishes to exercise this right to information, they may at any time contact an employee of the controller.
c) Right to restification
Any person affected by the processing of personal data has the right granted by the European legislator to demand the immediate correction of inaccurate personal data concerning him / her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If an affected person wishes to exercise this right of rectification, they may, at any time, contact an employee of the controller.
d) Right to delete
Any person affected by the processing of personal data shall have the right granted by the European directive and regulatory body to require the controller to immediately erase the personal data concerning him, if and for any of the following reasons as far as the processing is not required:
The personal data has been collected for such purposes or otherwise processed for which they are no longer necessary.
The data subject withdraws the consent on which the processing was based in accordance with Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and lacks any other legal basis for the processing.
The data subject objects to the processing in accordance with Art. 21 (1) GDPR, and there are no legitimate reasons for the processing, or the data subject objects according to Art. 21 (2) GDPR processing.
The personal data were processed unlawfully.
The erasure of personal data is required to fulfill a legal obligation under Union or national law to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
If one of the above reasons is correct and an affected person wishes to initiate the deletion of personal data stored by joe.systems AG, he / she may contact an employee of the controller at any time. The employee of joe.systems AG will arrange that the deletion request be fulfilled immediately.
If the personal data have been made public by joe.systems AG and if our company as the person responsible is obliged to delete personal data in accordance with Art. 17 (1) GDPR, joe.systems AG shall take into account the available technology and the implementation reasonable costs, including those of a technical nature, in order to inform other data controllers who process the personal data published that the data subject has been deleted by all other data controllers Has requested links to such personal data or copies or replications of such personal data, as far as the processing is not required. The employee of joe.systems AG will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to require the controller to restrict the processing if one of the following conditions applies:
The correctness of the personal data is contested by the data subject for a period of time that enables the controller to verify the correctness of the personal data.
The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims.
The data subject has objected to the processing under Article 21 (1) of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned requirements is met and an affected person wishes to request the restriction of personal data stored by joe.systems AG, they can contact an employee of the controller at any time. The employee of joe.systems AG will cause the restriction of the processing.
f) Right to data portability
Any person affected by the processing of personal data shall have the right conferred by the European directive and regulatory authorityto obtain the personal data concerning him / her provided to a controller by the data subject in a structured, common and machine-readable format. The data subject also has the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Art 9 (2) (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task in the public interest or in the exercise of official authority, which has been entrusted to the controller.
Furthermore, in exercising their right to data transferability under Article 20 (1) of the GDPR, the data subject has the right to obtain that the personal data are transmitted directly from one controller to another, where technically possible is feasible and does not affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact an employee of joe.systems AG.
g) Right to objection
Any person concerned by the processing of personal data shall have the right conferred by the European directive and regulatory authority at any time, for reasons arising from its particular situation, againstthe processing of personal data relating to it pursuant to Article 6 (1) (e) or f GDPR takes an objection. This also applies to profiling based on these provisions.
joe.systems AG will 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 is the assertion, exercise or defense of legal claims.
If the personal data is processed in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to the profiling, as far as it is associated with such direct mail. If the data subject objects to joe.systems AG for the purposes of direct marketing, joe.systems AG will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his / her particular situation, against the processing of personal data concerning him or her, for scientific or historical research purposes or for statistical purposes under Article 89 (1) GDPR are required to submit an objection unless such processing is necessary to fulfill a task of public interest.
In order to exercise the right to object, the data subject can directly contact any employee of joe.systems AG or another employee.The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58 / EC, to exercise his right of opposition by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any person involved in the processing of personal data shall be subject to the right conferred by the European Directives and Regulators not to make a decision based solely on automated processing - including profiling - which has legal effect on it or it similarly severely impaired, if the decision
(1) is not required for the conclusion or performance of a contract between the data subject and the controller, or
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or
(3) is with the express consent of the data subject.
If the decision is
(1) required for the conclusion or performance of a contract between the data subject and the controller or
(2) with the express consent of the person concerned, joe.systems AG takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a person by the person responsible, to express his or her own position and to challenge the decision belongs.
If the data subject wishes to assert any rights with respect to automated decisions, they may at any time contact an employee of the processing company.
i) Right to withdrawal of a data protection consent
Any person affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to withdrawal consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may, at any time, contact an employee of the controller.
8. Legal basis of processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations in which we obtain consent for a particular 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, in processing operations necessary for the supply of goods or the provision of any other service or consideration, the Processing on Art. 6 I lit. b GDPR.The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be required 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 premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. In that case the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. On this legal basis, processing operations that are not covered by any of the above legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned outweigh. Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
9. Authorized interests in the processing that are being pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR it is our legitimate interest in conducting our business for the benefit of all of our employees and our shareholders.
10. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.
11. 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 failure to provide the personal data
We want to inform you that the provision of personal information is in part required by law (such as tax regulations) or may result from contractual arrangements (such as details of the contractor). Occasionally it may be necessary for a contract to be concluded that an affected person provides us with personal data that must subsequently be processed by us. The data subject is required, for example, to provide us with personal data if our company concludes a contract with her. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. Prior to any personal data being provided by the person concerned, the person concerned must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the failure to provide of the personal data.