Imprint, legal notes and general business terms and conditions

We deliver in accordance with the following General Terms and Conditions, which form the basis of the contracts concluded with us on the basis of the offers on our Internet store site.

Insofar as these terms and conditions refer to consumers, these are in accordance with the statutory regulation (§ 13 BGB), natural persons, for whom the purpose of the order cannot be predominantly attributed to a commercial or independent professional activity. In Austria, legal entities can also be consumers. According to the statutory regulation (§ 14 BGB), entrepreneurs are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs

Your contractual partner is jpc-Schallplatten-Versandhandelsgesellschaft mbH. Contracts can currently be concluded in German and English in our Internet store.

Our offers of goods are subject to change as long as they do not become part of a contractual agreement.

Before sending your order, you have the option of checking and correcting the data you have entered. By sending the order, you submit a binding contractual declaration. Confirmation of receipt of the order will follow immediately after technically correct receipt of your order.

A binding contract is concluded when we accept your order. This acceptance by us can take place under the following circumstances:

The confirmation of receipt does not constitute acceptance of your order (unless we are requesting payment for the first time) but is only intended to inform you that we have received your order and can be used for archiving purposes. You are - subject to a statutory right of withdrawal - bound to your order for a maximum of 5 days and can of course cancel your order in whole or in part before we have declared our acceptance.

We keep these GTC and the other contractual provisions with the data of your order ready for retrieval in the order process. You can simply archive this information there by either downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of your browser or you can wait for the automatic order receipt confirmation, which we will send you after completing your order by e-mail to the address you have provided. This order receipt confirmation e-mail contains the contractual provisions with the data of your order and these GTC and can be easily printed out or saved with your e-mail program.

The text of the contract is stored by us, but for security reasons cannot be retrieved directly by you.

We offer password-protected direct access for every customer. Here you can manage your data and view order data after registering and for the duration of your direct access. You can also use a contact form to get in touch with us, e.g. to change your address or payment method for open orders. For your security, this is done via an encrypted connection (SSL), just like everything else in the login area. You can also find the current version of these terms and conditions on our website.

For orders in our Internet store, the prices listed in the offer at the time of the order apply. The prices quoted are total prices, i.e. they include the applicable statutory VAT and other price components.

Details of any additional shipping costs can be found in the store.

Right of withdrawal

Below you will find instructions on the requirements and consequences of the statutory right of withdrawal for consumers in the case of shipping orders (distance contracts). The reproduction of these instructions does not imply any contractual granting of rights beyond those provided for by law. In particular, the statutory right of withdrawal does not apply to commercial resellers.

Exceptions to the right of withdrawal

There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to invoke the following regulations against you:

There is no right of withdrawal for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

It may expire prematurely in the case of contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature, as well as in the case of contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Model withdrawal form

The model withdrawal form referred to in IV. No. 1 above can be found below. You do not necessarily have to use it.

You have the possibility of paying as follows:

There is no entitlement to payment by SEPA direct debit or purchase on account. Please understand that we carry out risk checks before concluding a contract in cases of advance payment. In case of doubt, we reserve the right to offer you payment in advance.

We reserve the right to cancel the contract in cases in which we ourselves are not supplied, provided that we are not responsible for this non-delivery. In this case, we will inform you immediately of the non-availability and any advance payment already made - regardless of the payment method you have chosen - will be refunded immediately.

The delivery period shall be extended appropriately in the event of strikes and lockouts affecting delivery and other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure. We shall inform the buyer immediately of the beginning and end of such hindrances.

We reserve the right to offer limited delivery items and special offers only in normal household quantities for contract conclusion.

We use Deutsche Post, DHL and Austrian Post International for postal shipments. You will receive a message from us when the goods have left our premises. If delivery was not possible, you will receive a message from the carrier indicating the other options.

In the event of defects in the goods, the customer has a statutory right of liability for defects (warranty).

We value your customer satisfaction. You can contact us at any time using one of the contact channels listed above. We will endeavor to examine your request as quickly as possible and will contact you as soon as we receive the documents or your submission or complaint. However, please give us some time, as warranty cases often require the involvement of the manufacturer. In the case of complaints, you can help us if you describe the subject of the problem as precisely as possible and, if necessary, send us a copy of the order documents or at least state the order number, customer number, etc. If you do not receive a response from us within 14 days, please contact us. In rare cases, e-mails may have got "stuck" in our or your spam filters or a message may not have reached you by other means or may have been inadvertently omitted.

In business transactions with merchants and legal entities under public law, the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks, shall be our registered office. In this case, we are also entitled to take legal action at the customer's registered office. Any exclusive place of jurisdiction shall remain unaffected by the above provision.

If individual provisions of the delivery contract or these General Terms and Conditions are invalid, the remaining provisions shall remain valid.

The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU, the EEA or Switzerland shall not be deprived of the protection afforded by mandatory provisions of the law of that state.

What are personal data?

Personal data are all information concerning an identified or identifiable natural person (hereinafter referred to as the »data subject«). Identifiability does not necessarily involve the indication of a name. It is also sufficient to indirectly identify a person, e.g. through association with an identification number, location data, an online identifier or one or more specific features. It is therefore all about your identity. This information includes not only your name but also your phone number, address, as well as other data that you provide to us.

A lot of the legal principles applied when we process your data can be found in the EU General Data Protection Regulation (GDPR). The full text, along with the relevant recitals, can be found e.g. here. In the notices that follow, we will refer you to the relevant provisions that form the legal basis for our processing of data.

Use of data when managing contracts

Whenever you raise an inquiry or conclude a contract with us, we require and process certain data, such as details of the envisaged or actual order, your postal address, e-mail address and payment processing data for the purpose of running a pre-contract check, for managing contracts and, where applicable, handling guarantee and warranty issues (see point (b) of Art. 6(1) GDPR). As part of the ordering and payment processes, the service providers engaged by us (e.g. logistics companies, payment facilitators) receive data about you and/or the order as needed. We also conduct credit checks (see also Point IV). Unless we have the appropriate, relevant details, we will not be able to accept an order or your requested payment options.

We are also obliged, under commercial and tax law, to archive data from concluded business transactions for as long as the statutory retention periods prescribe. The legal basis for the corresponding use of data is point (c) of Art. 6(1) GDPR.

Processing within the business organisation

Within the bounds of our business organisation. we process your data in our IT systems and - to the extent necessary - transfer data relating to customers, potential customers, suppliers and personnel to government agencies in compliance with the statutory regulations, such as fiscal authorities and consultants/advisors (tax consultants, lawyers, chartered accountants) in keeping with our interest in lawful and commercial corporate governance.

Legal basis: points (c) and (f) of Art. 6(1) GDPR

In this connection, we analyse data on every corporate and business process for the purpose of corporate management and market research. Unless the specific purpose requires us to do so, the data evaluated will largely be anonymised or at least pseudonymised and, at most, disclosed to third parties in summarised form and unidentifiable with individual persons. Legal basis: points (c) and (f) of Art. 6(1) GDPR.

Outsourced IT and hosting

We deploy IT, software and hosting services from service providers in providing services and meeting your needs and requests as well as our contractual obligations based on our interest in achieving efficient and secure corporate and contractual management. In doing so, your data on your interests, concerns, orders and visits and/or perception of the services we offer will be processed, including with the help of the aforementioned service providers.

To the extent permissible by law and, at every event, safeguarded by regulations governing professional confidentiality, we have - in cases involving order processing, concluded contracts to secure our access and the secure as well as confidential handling of your data.

Legal basis: point (f) of Art. 6(1) GDPR and, where applicable, in connection with Art. 28 GDPR (conclusion of contracts with processors).

Cooperation services

There may be instances where you can take advantage of benefits and perks, which we may, occasionally or for certain periods of time, be able to provide through collaborations with certain cooperation partners. Please note that it is only possible to grant such benefits if you identify yourself as required as a way of proving that you are a customer entitled to receive such benefits (e.g. card number/membership number). Should you wish to take advantage of such benefits and provide the corresponding details as a means of identifying yourself, we will forward your address and such data pertaining to your purchase to the cooperation partner that are required to allow you to enjoy the benefits offered by the cooperation partner in question. As a rule, this relates to the turnover you have generated under your identification number and the identification itself. The cooperation partner will again store and use these data in compliance with the terms and conditions concluded with you.

Data processing of deviating delivery addresses

If you as the orderer and invoice recipient provide us with the name and address data for a different delivery address, we will process this personal data concerning the recipient based on our interest in also enabling the orderer to have other delivery addresses, for example for gift shipments or premium deliveries in accordance with Art. 6 (1) lit. f DSGVO as the responsible body, exclusively for the purpose of delivering this delivery and, if necessary, subsequent proofs and invoices for the proper contractual processing of the contract with the orderer. The data of the orderer from whom we have received the delivery data can be learned by the recipient from the delivery note, which is enclosed with the shipment. The recipient's data will only be passed on to the delivery service provider and used for the stated purposes towards the orderer. Information on the rights of the recipient to information, correction, deletion, restriction of processing, data transferability and other rights of objection and complaint as well as the data protection officer can be found in section V. »What rights do I have?«

Data storage, login, registration

Your specific order data will be stored by us. You can register with us (e-mail address and password). On registering, you will, among other things, be given access to data stored by us concerning you personally as well as your orders, and can manage eCourier, to the extent that you procure this, as well as any forms of consent you have provided.

Should you have provided consent in individual cases, we will also link your user data to your customer access in order to furnish you with content of personal interest to you when you visit our website.

Should you wish to cancel your access, please contact us using one of the contact options listed below.

Please note that, after cancellation, your data will still be stored by us for the specified purposes (e.g. order handling, but also for advertising information).

Contact

Should you use our contact options (e.g. e-mail or the contact form) to contact us, we will store your name and contact details as well as the reason for contacting us. These data are used to process the matter in question and to communicate with you. We will use your e-mail address to respond to you by e-mail (legal basis: points (a) and (b) of Art. 6(1) GDPR). If you have questions relating to specific orders or if we are asked to do something for you personally, we will require your correct name. For all other queries, you may also use a pseudonym. Once your matter has been fully addressed and provided that there are no other obligations to retain the data in question, your data will be erased.

Use of data for advertising and market research

It is in our interest to maintain customer relations with you, acquire new customers, reactivate former customers and provide our customers with information and offers. To exercise these legitimate interests, we process your data on the basis of point (f) of Art. 6(1) GDPR (including with the assistance of service providers) in order to send you information and offers as well as to improve our information and offers.

Where our advertising measures are concerned, our interest lies in protecting you to the best extent possible from receiving advertising that is unsolicited or of no interest to you personally. In taking your interests into consideration, we only include data in our selection of information which you know that we are aware of. This may include e.g. previous orders. Wherever this is technically and commercially meaningful for pursuing the purposes, we will, in safeguarding your interests, isolate the corresponding data from your personal identity, pseudonymise them and, before conducting any evaluations, form groups (clusters) into which individual information is merged.

Postal advertising

We use your first and last name, postal address and – to the extent that we have received further details from you – your title, academic qualifications and your job title, industry or business descriptions to send you offers and information concerning our enterprise, products and services by post, in the shape of e.g. our »jpc-courier«, a new edition of which is published every month, provided that, based on an evaluation of the data stated at the beginning of this paragraph, we anticipate that this information is of interest to you.

E-mail advertising for similar offers from our company

Should we receive your e-mail address in connection with the sale of merchandise, we will use your e-mail address to advertise similar products from our company. You can, at any time, object to this being used for advertising purposes without incurring any other data costs than those stated in the basic rates of your provider. For commercial customers, we will also use the phone number given on the assumption that consent has been provided for advertising.

We will only carry out the following uses after we have asked for your consent in addition to this declaration. Our company applies Point (a) of Art. 6(1) GDPR as the legal basis for processing procedures through which we obtain your consent for a specific processing purpose.

(Acceptance of these notices does not constitute your consent to our using your data for advertising purposes!)

E-mail advertising with specific consent

If you have specifically subscribed to our newsletter, your e-mail address and, where applicable, other personal data, which you have voluntarily submitted when registering (e.g. your name to enable us to address you personally), will be used for advertising purposes and, where applicable, offers in the newsletter that come from our advertising partners.

Use of data for newsletters and other e-mail advertising

If you use our newsletter, e.g. »eCourier«, or other e-mail advertising, we will run statistical evaluations without relating these to a specific person as to when such an e-mail is retrieved and, where applicable, what information that is offered attracts interest and to what extent (e.g. by virtue of the links that you click on). The purpose of such evaluations is to improve the times of dispatch and to optimise our offers and advertising information (legal basis: point (f) of Art. 6(1) GDPR).

If you have given us your specific consent to do so, we will use the aforementioned personal data to provide you with customised information that could be of interest to you and thus to further personalise our advertising. Please also see the information provided by us further below. (Legal basis: point (a) of Art. 6(1) GDPR).

Use of your order data for personalised marketing

If you have given us your specific consent to do so, jpc will send information and offers by e-mail which have been especially tailored to your interests and wishes. Studies have shown us that information that has been especially tailored to your wishes and interests meets with greater interest among Internet users than information that has no such personalisation. The sole purpose of doing so is to adapt our offers to customer needs and wishes as far as possible. To do so, we use data which we have collected and evaluated from your visits to our offers, your voluntarily provided information on your interests, your requests for information and your orders to provide you with the desired information and interesting offers.

By going to Manage eCourier under »My account« at jpc.de and »My jpc« on the jpc app, you can manage and amend your information interests yourself and, if so desired, view what consent you have given us (legal basis: point (a) of Art. 6(1) GDPR).

Unless you give us your specific consent, the data, after being anonymised to avoid the data being associated with you personally, will only be used for statistical purposes so that, as part of our market research and advertising, we can improve our information and offers as well as their presentation.

. Erasure and blocking

Your personal data will be stored until the specified purposes have been accomplished or for as long as we have a legitimate interest in the data being stored.

Following this, the data will be erased unless an agreement is reached with you to the contrary or obligations exist under law to retain the data (e.g. under commercial or tax laws). Should the data need to be retained by law, they will be made unavailable for any other purposes. These documents will, upon expiration of the statutory retention periods, be erased and destroyed in compliance with the data protection regulations in the course of routinely conducted activities.

If you have consented to your data being collected, processed and used, we will erase your data upon receipt of your objection or upon the purpose for which you have granted your consent ceasing to exist. Following this, your consent and the processed data will be archived until the statutory period lapses (usually three years) in which legal claims may need to be defended (legal basis: point (e) of Art. 17(3) GDPR).

Should you no longer wish to receive advertising, we will use your name, address and, if available, your e-mail address to make your data unavailable in the corresponding lists which we use to coordinate our advertising activities so that you no longer receive advertising from us. Erasure within the definition intended here initially means making your data unavailable in our system, in particular for advertising or for marketing activities. The data will – to the extent required – continue to be processed for purposes other than advertising, for example to process contracts and, where applicable, for warranties as well as for documentation required under commercial and tax law.

Product reviews

We offer our users the opportunity to leave their personal comments on our products or on comments left by other users. If this feature is used, we will save the data at the time they are entered and post these together with the username that might have been selected (which may also be a pseudonym) as well as the comments and the date on which they are left.

We will also collect the IP address to enable associations to be made to the individual leaving the comments in the event that our systems are compromised or third-party rights are infringed. The data in question will be forwarded – in keeping with our obligations under law – to government agencies or – by order of the court – to individuals who may perceive that their rights have been infringed. The data will be collected for 7 days at the most. We will retain an encrypted and non-traceable version of the IP address for no more than 30 days to enable us to guard against any abuse of the review feature.

By accepting the terms of use, you are giving your consent to the data being used (legal basis: points (a) and (b) of Art. 6(1) GDPR).

Collection and use of data when visiting our web pages / Cookies

You can visit our website without providing any details about yourself. However, when you visit our websites, even, for example, if this occurs via a link in a newsletter or an advertisement, certain data will be collected and stored in so-called log files. The data that are collected – including when you visit our websites via online links in a newsletter or advertisements – solely refer to your access to the site and have no direct association with a specific person. Such data includes

No association with you personally can be made on the basis of such data, nor is such an association performed or intended without your specific consent. In those areas where we can read the date, which could theoretically lead us to establish an association with you, such as the IP address, we have ensured through corresponding truncations that any association with you is impeded.

If you visit our store by clicking on an advertisement, we also record an ID provided to us by our advertising partner. This ID is used exclusively for the purpose of measuring the success of our advertisements by the advertising partner and is reported back to the advertising partner after a successful order together with the revenue generated.

Should we incorporate third-party content on our web pages (e.g. embedded video clips or other information), only your IP address is provided to such third parties as it will otherwise not be possible to deliver the content to your browser. Any IP addresses that are collected are erased no later than 7 days afterwards.

Cookies

If you have given us your consent, we will use cookies on our website. You can check whether you have given your consent and, if so, which consent you have given, and also edit it here. You can also revoke any consent you have given there with effect for the future.

Cookies that ensure the use of features without which you could not use this website as intended are only used by us and their content is not made accessible to third parties. We use such strictly necessary cookies on the basis of point (f) of Art. 6(1) GDPR even without your consent.

Profiling user profiles

The legal term for creating automated data pools on an individual is profiling. Under Art. 4(4) GDPR, 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.

We create anonymised user profiles – i.e. user profiles without personal identifiers – of a statistical nature to enable us, through an evaluation of the statistics, to draw conclusions as to the levels of interest in our content and offers and to tailor the corresponding information and offers to user interests. We also use the information to improve data security, to ward off attacks on our systems and, where applicable, to assist law enforcement authorities in the event of attacks on our systems or other criminal acts.

To analyse user behaviour, we run corresponding web analytics tools. Further information on this can be found below under »Details on web analytics and web advertising«.

You have the right to object to the profiling of personal data as well as to profile data being additionally used for advertising purposes and to withdraw any consent that you may already have given.

Data protection information for the use of Matomo

The open-source analysis software Matomo is used on this website. This makes it possible to recognize visitors to our website and to analyze usage behavior in the sense of measuring reach.

By default, Matomo is used by us in a version that does not rely on the setting of optional cookies. Visitors are recognized by means of so-called passive device fingerprinting based on a log file analysis. The software attempts to recognize the various visitors based on the data that is usually transmitted by the user when using the website. The data collected by the analysis software is stored on the relevant server, whereby the IP address is anonymized before storage.

The legal basis for this processing is our legitimate interest in the analysis and examination of user behavior to optimize our website, Art. 6 para. 1 lit. f GDPR.

To ensure functionality without problems, the Matomo software uses the following technically required cookies. The legal basis for this is § 25 para. 2 no. 2 TDDDG.

In addition to the standard analysis of user behavior in the sense of measuring reach by means of passive fingerprinting to identify visitors to our website, you have the option of consenting to a more detailed analysis of your visit to our online store.

By evaluating the data obtained, we are better able to recognize you as a visitor. In this way, we can compile information about the use of the individual components of our website. This helps us to improve our website and its user-friendliness. For this purpose, based on your consent in accordance with Section 25 (1) TDDDG, information is read from your end device, or the following optional cookies are set:

Any personal data will then be processed based on your consent according to Art. 6 para. 1 lit. a GDPR.

The data collected for the aforementioned purposes is stored by us for a maximum of 48 hours, insofar as it is personal data, and then deleted. After this storage period has expired, only anonymized or aggregated data is available in the system, from which no personal reference can be derived.

The servers for data collection and analysis (Matomo server) are operated by an external service provider. We have concluded an order processing contract with this service provider in accordance with Art. 28 GDPR. In particular, this contract stipulates that the service provider may only process the personal data as per our instructions and in compliance with data protection law.

Your visit to this website is currently recorded by the Matomo web analysis software. If you wish to object to this analysis in the sense of measuring reach in accordance with Art. 21 para. 1 GDPR, please click here.

General safeguards

The law requires that companies establish an appropriate level of data protection. In doing so, the corresponding risk must be squared with the probability of occurrence, best available technology and the costs. We have provided for the corresponding technical and organisational measures in order to realise the security of your data and their processing in accordance with the statutory regulations. Should you have any security concerns when entering data, or have any other questions or comments, simply contact our customer service or our data protection officer. Other means of contacting us can be found again at the end of these notices.

Your personal data are encrypted when you place orders and log in to your personal account so as to ensure the data are transmitted securely. To this end, we use the SSL (Secure Socket Layer) encryption system. We implement technical and organisational measures to safeguard our website and other systems against the loss, destruction, modification and dissemination of your data by unauthorised persons. You should always keep your access data confidential and close the browser window once you have ended your communication with us, especially when you share the computer with others.

Protecting your payment data

- Protecting card data

The payment form where our customers enter their card details is hosted at a secure data processing centre provided by our payment facilitator Computop Wirtschaftsinformatik GmbH, Schwarzenbergstr. 4, D-96050 Bamberg, Germany. This not only ensures that none of our employees has access to your card data but also that the data protection standards of the card organisation are observed. Computop undergoes regular security checks. At the same time, Computop fulfils the so-called Payment Card Industry Data Security Standard – a security standard supported by every major credit card organisation – to ensure that you can securely pay online.

- Protected data transfer

The TLS encryption system is used to transfer data contained in the payment form (card number, expiration date, card validation code, etc.) in encrypted form to the payment service provider.

- Access to your card number

The card number is stored with our payment service provider only as an encrypted string. As a rule, the card number is never displayed or made accessible in unencrypted form. The card number is only shown in its decoded form within the network of international card organisations. The card number is used, among other things, for authorisations, bookings and crediting.

- Other payment data

When you enter your bank details, we save these data on our servers. Your card number or IBAN is not generally shown in its entirety but truncated in order to enable you to identify your bank account.

When paying through PayPal, we do not receive your account or credit card data. These data have been saved by you with PayPal. We only receive the PayPal e-mail address. In all other respects, data are entered at PayPal in compliance with their security regulations.

Internal checks

Should we provide services up-front (e.g. payment against invoice), we check –on account of our interest in ensuring that we are covered against payment defaults and our customers against identity theft – your current and previous payment history on the basis of our data and, where applicable, unusual order patterns (e.g. orders placed through different customer accounts within a short space of time but sent to the same address). The credit history data taken into consideration include outstanding payments, dunning procedures, insolvency information, debt advice, deferral of payment agreements due to payment defaults. On the basis of these data, we decide whether we can offer the requested form of payment.

Identity and credit checks through external credit agencies

Also based on the interests described above, we carry out a personal and address validation at Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, Germany (further data protection information: https://www.boniversum.de/eu-dsgvo/informationen-nach-eu-dsgvo-fuer-verbraucher), using your address data and your date of birth and receive creditworthiness information calculated on the basis of recognised mathematical-statistical procedures. The legal basis is Art. 6 para. 1 lit. f DSGVO.

We use the statistical probability values of a possible payment default we receive, which also include your address data and the results of our internal check, to decide on the desired payment and delivery options, which we may restrict if necessary. We may also use automated decision-making for this purpose.

You can request that we manually check any automated decision, for example to reject the desired payment method, and explain your own position and exercise your right to object (see below for contact details).

In the event of payment problems, we reserve the right to transmit data on non-contractual behaviour (e.g. non-payment) to the credit agency within the scope of legal requirements and possibilities and to commission this agency or other debt collection service providers with debt collection if necessary.

The credit agencies use the data for creditworthiness information in justified cases. Transmissions may only take place if and to the extent that this is necessary to protect the legitimate interests of our company or third parties and the interests of the fundamental rights and freedoms of the persons concerned, which require the protection of personal data, do not prevail.

Legal basis

The legal basis for our running of the aforementioned checks is founded on point (b) of Art. 6(1) GDPR with regard to our ability to check your requested form of payment and point (f) of Art. 6(1) GDPR in terms of our aforementioned interests. The transfer of data may only occur if and to the extent that this is required in order to exercise the legitimate interests of our company or third parties and that these are not overridden by the interests of fundamental rights and freedoms of the data subjects which require protection of personal data.

Your rights in this regard can be found in the notices contained in Section V below.

Right to confirmation and information

Under Art. 15 GDPR, you have the right to obtain confirmation from us as to whether your personal data are being processed. Should we process such data, you have the right to free-of-charge access to your stored personal data. The right to access covers the following information:

Right to rectification

You have the right to obtain from the controller the rectification of inaccurate personal data or to have incomplete personal data completed. The controller must rectify the inaccurate data without undue delay.

Right to object

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you on the basis of a balancing of interests in accordance with point (f) of Article 6(1) GDPR; this also applies to profiling based on these provisions (cf. e.g. term II. item 2). In this case, we will no longer process your personal data unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

You have the right to object at any time to the processing of your personal data for direct marketing purposes, with the consequence that the data will no longer be processed for these purposes.

Consent granted may be revoked with effect for the future. (See below for contact details.) No special costs arise for you (except transmission costs according to the basic rates of your provider).

Right to erasure (right to be forgotten)

a) Prerequisites for erasure

You have the right to obtain from the controller the erasure of your personal data. Please note that the right to erasure without undue delay (Art. 17 GDPR) (»Right to be forgotten«) only applies where one of the following grounds applies:

b) Extended right to be forgotten

Where we have made the personal data public and we are obliged pursuant to Article 17(1) GDPR to erase the personal data, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions to the right to erasure

Please note that, in addition to the aforementioned prerequisites, the following exceptions can justify your request for erasure being rejected:

The right to erasure does not apply to the extent that processing is necessary:

Right to restriction of processing

You have the right to the restriction of processing if the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data; or if the processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead. You also have the aforesaid right if we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims. Finally, you can exercise this right if you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your legitimate ground.

Where processing has been restricted, such personal data may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The possibility of continued storage is not affected. If the restriction of processing has been restricted pursuant to the aforementioned prerequisites, we will notify you before the restriction is lifted.

Right to data portability

You furthermore have the right to receive your personal data – in a »structured, commonly used and machine-readable format« – which you have made available to us, which we have processed based on your valid consent, or the processing of which was necessary in order to enter into and/or fulfil a valid contract. You also have the right to have the personal data transmitted directly to another controller, where technically feasible.

This right only applies if the rights and freedoms of other people are not adversely affected.

Establishing your rights

If you have any questions about data protection, in particular about asserting your rights, please contact our data protection team at the following e-mail address: <datenschutz@jpc.de>. You can also contact our data protection officer personally at the e-mail address <dsb@jpc.de> or via our postal address with the addition “For the attention of the data protection officer”. If you feel that you have been unfairly treated or have other concerns (notwithstanding any other rights of recourse pursuant to administrative law or judicial remedies), you also have the right to lodge a complaint with the incumbent supervisory authority, especially in the Member State of your habitual residence, place of work or place of the alleged infringement.