01. Preliminary remarks

This Privacy Policy applies to personal data collected from users of the Website (the “Website”) as well as jcbiver’s direct customers, hereinafter the “Data Subjects”.

The purpose of this Privacy Policy is to inform Data Subjects about the type of personal data collected by jcbiver (“Personal Data”), the nature and purposes of the processing of such Personal Data and the rights of the Data Subjects in this context.

“jcbiver” means jcbiver SA, 30, route de Genolier, 1271 Givrins, Switzerland.

02. Personal Data collected by jcbiver

relationship, when using the Website, when tracking orders or when communicating with Data Subjects (e.g. when questions are asked on the Website).

jcbiver may also process Personal Data which it obtains indirectly through external sources, in particular public sources (for example publications or databases).

Personal Data includes, inter alia:

  • Contact data: surname, first name, address, billing address, e-mail address, telephone number, date of birth;
  • Financial data: bank account details and billing information;
  • Professional information (e.g. employment);
  • IP address, as well as information about how the Data Subjects use the Website and applications and the pages they visit; and
  • other data similar to the categories mentioned.

03. Purposes of the processing of Personal Data

jcbiver processes Personal Data in accordance with the provisions of the Federal Act on Data Protection (FADP) (as well as the EU General Data Protection Regulation (GDPR), where the latter would be applicable) for the following purposes (hereafter the “Purposes”):

(i) To fulfill its contractual obligations

jcbiver processes Personal Data in the course of the performance and management of the contractual relationship between jcbiver and Data Subjects. jcbiver may thus process Personal Data, inter alia:

  • to create and manage customer accounts;
  • to process and track orders and/or repairs;
  • to provide the Data Subjects with information in relation to its products;
  • to send administrative information (e.g. purchase invoices); and
  • for any other Purpose related to the execution and management of its contractual relationship.

(ii)To fulfill its legal and regulatory obligations

jcbiver is subject to various legal and regulatory obligations and has to comply with other legal process and law enforcement requirements, which may include laws outside the country the Data Subjects are located in, including, inter alia:

  • to perform checks related to the fight against money laundering and terrorist financing;
  • to provide information required by customs authorities in connection with the processing of an order;
  • to respond to a request from a judicial or administrative authority; and
  • to fulfill its transaction reporting obligations.

(iii) To pursue its legitimate interests

jcbiver may also process Personal Data in order to pursue its legitimate interests, and in particular for the following Purposes:

  • to manage the Website and jcbiver’s IT infrastructure;
  • to ensure IT security and IT operations of jcbiver;
  • to prove transactions;
  • to ensure the maintenance and security of its premises and infrastructure;
  • to establish, assert and/or defend actual or potential legal claims;
  • for marketing or market and opinion research purposes, unless a Data Subject has objected to the use of its data;
  • to analyze, evaluate and improve jcbiver’s customer service quality;
  • to analyze and anticipate consumption habits, behavior, interests and personal preferences of Data Subjects (profiling), in particular for the configuration of targeted advertising; and
  • to personalize the offer of products and services.

(iv) On the basis of the Data Subject’s consent for any processing of Personal Data that cannot be based on the Purposes above, in particular for the following Purposes:

  • To send invitation to events organized by jcbiver;
  • to send its newsletters; and
  • for any other Purpose for which the Data Subject has given his/her consent.

In addition, the Data Subject acknowledges that, as long as he/she has granted jcbiver consent to process his/her Personal Data for certain purposes, this processing is legal on the basis of the Data Subject’s consent. Consent given may be withdrawn at any time. Withdrawal of consent does not affect the legality of Personal Data processed prior to withdrawal.

The Data Subject further acknowledges that when he/she authorizes a social network (such as Facebook, Instagram, etc.) to share Personal Data with jcbiver, jcbiver may receive any personal data publicly shared by such Data Subject on the relevant social network, such as contact information (e.g. name, electronic address, gender, friends or contact lists) or information published on the Data Subject’s profile (e.g. profile picture or preferences).

04. Personal Data transfers

Recipients of Personal Data

Within jcbiver, every department which requires Personal Data to fulfill jcbiver’s contractual and legal obligations shall have access to it, on a need-to-know basis only.

In addition, jcbiver may share Personal Data with its subcontractors or commercial partners to carry out operations related to the provision of its products and services, the management of the Website, or more generally to jcbiver’s activities.

In particular, jcbiver transfers Data Subjects’ Personal Data to the following categories of recipients:

  • Service providers for the maintenance or repair of jcbiver’s products;
  • Website hosts, as well as IT and data storage service providers;
  • Payment service providers;
  • Providers of communication services (e.g. in connection with the management of jcbiver’s newsletters and the social networks used by jcbiver), events organizers, marketing services providers or other services in connection with jcbiver’s customer management;
  • Legal or administrative authorities, upon request and to the extent permitted by law.

Transfers abroad

jcbiver may disclose, transfer and/or store Personal Data outside Switzerland:

  • in the context of the conclusion or execution of contracts directly or indirectly related to the business relationship (i.e. a contract concluded with a Data Subject or with a third party, but in the interest of a Data Subject);
  • it is required by law;
  • where such a transfer is necessary to safeguard an overriding public interest;
  • where such a transfer is necessary to enable jcbiver to establish, enforce or oppose a current or future claim, or to enable jcbiver to handle an investigation by a public authority, in Switzerland or abroad; and
  • where the Data Subject has given his/her consent.

If such a transfer of Personal Data is made to a country that does not offer an adequate level of protection of Personal Data from a Swiss perspective, jcbiver shall ensure, if required by the applicable regulations, that it obtains the consent of the Data Subject or that it puts in place adequate safeguards, in particular contractual agreements, which may take the form of standard contractual clauses laid down by the European Commission (including the so-called “Swiss finish”).

Kindly find below the list of countries to which Personal Data may be transferred or made available:

  1. European Union
  2. United Kingdom
  3. United States

Data Subjects may obtain further information regarding the transfer of their Personal Data (including recipients, countries of destination and safeguards in place) by contacting jcbiver at the address provided in Section 8 below.

Personal Data may be stored on jcbiver’s technological systems or paper files or on those of jcbiver’s subcontractors.

In addition, Data Subjects and jcbiver may share Personal Data, inter alia, via the Internet. Internet is an open network accessible to anyone and does not offer a secure environment. Even though jcbiver uses standard technologies and security measures to protect Personal Data from unauthorized access, illegal or improper use, disclosure, loss, destruction or damage, the use of Internet may still lead to the disclosure of Personal Data of the Data Subject outside of Switzerland.

In addition, any connection to the Internet - even crypted - carries the risk of unintentionally downloading viruses or cookies, or of allowing third parties to surreptitiously access the Data Subject’s computer and the data on it. The Data Subject therefore acknowledges and accepts this risk.

Similarly, no security device, even one based on the most recent technical developments, can guarantee absolute security on the part of both jcbiver and the Data Subject. The terminal (e.g. the Data Subject’s computer) is beyond jcbiver’s control and may constitute a weak point in the system. In particular, there is a latent risk that a third party may access the Data Subject’s terminal without the Data Subject’s knowledge when sharing data via the Internet. Therefore, the Data Subject understands and accepts that, despite all security measures, jcbiver cannot, for technical reasons, assume any responsibility in this respect.

06. Personal Data retention

In principle, jcbiver retains Personal Data as long as jcbiver needs it to achieve the Purposes or until the Data Subject withdraws his/her consent, or exercises his/her right to be forgotten, provided that jcbiver is not legally required or permitted to continue to hold such Personal Data (e.g. to establish, exercise and/or defend its rights as part of legal proceedings, investigations, or similar proceedings).

Data Subjects may obtain additional information about the retention period of their Personal Data, or the criteria used to determine that retention period, by contacting jcbiver at the address provided in Section 8 below.

07. Rights of Data Subjects

Subject to the limitations provided for by the applicable regulations, each Data Subject has the following rights:

  • the right to access his/her Personal Data (incl. to obtain a copy of his/her Personal Data);
  • the right to withdraw at any time the consent given for the processing of his/her Personal Data;
  • the right to have his/her Personal Data rectified if it is inaccurate or incomplete;
  • the right to request the deletion of his/her Personal Data when it is no longer necessary for the Purposes for which it was collected or processed or when the Data Subject has withdrawn his/her consent (in cases where the processing of the Personal Data in question is based on the consent of the Data Subject);
  • the right to object at any time to the processing of his/her Personal Data for marketing purposes, including profiling;
  • the right to object on legitimate grounds to the processing of his/her Personal Data;
  • the right to request a limit on the processing of his/her Personal Data;
  • the right to receive his/her Personal Data he/she has provided, in a commonly used and machine-readable format; and
  • the right to file a complaint with the competent supervisory authority concerning the processing of his/her Personal Data.

Even where a Data Subject objects to the processing of his/her Personal Data, jcbiver is entitled to continue the processing if it is:

  • required by law;
  • necessary for the performance of a contract to which the Data Subject is a party;
  • necessary for the performance of a task carried out in the public interest, or
  • necessary for jcbiver’s overriding legitimate interests, including the establishment, exercise or defense of legal claims.

jcbiver will not use for direct marketing purposes the Personal Data of Data Subjects who object to such processing.

In addition, jcbiver draws the attention of the Data Subject to the fact that, in the absence of certain of his/her Personal Data (or if the Data Subject exercises his/her right to object to the processing of his/her Personal Data), jcbiver may not be able to provide the Data Subject with the service or product for which the processing of such Personal Data is required.

08. Contact

For any questions regarding this Privacy Policy, as well as for the exercise of the rights mentioned above, Data Subjects may contact jcbiver’s Data Protection Officer at the following e-mail address: info@jcbiver.com or by mail at the following address: jcbiver SA, 30, route de Genolier, 1271 Givrins, Switzerland.

09. Privacy Policy updates

jcbiver reserves its right to modify this Privacy Policy at any time. The most current version of the Privacy Policy will be posted on the Website and jcbiver will notify Data Subjects of any material changes through the normal channels of communication (e.g. email).

10. Interpretation

A version of this text is available in French. However, the English version prevails in the event of any discrepancy.