POLICY ON THE PROTECTION OF PERSONAL DATA
Jugendhaiser JUKI ASBL processes personal data of natural persons in the context of the CLOSER app.
JUKI takes the protection of personal data very seriously and, in its capacity as data controller (within the meaning of Directive (EU) 2016/678 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), undertakes to comply with the provisions on the protection of personal data.
Users’ personal data will only be used for the purposes stated in this policy and JUKI will not disclose users’ personal data to any other person, subject to the third parties mentioned in this policy.
Data controller and always available for comments on the subject of data protection and the enforcement of user rights is:
Jugendhaiser JUKI asbl
15, rue de Mamer
L-8280 Kehlen
Telephone number: +352 621 247 424
E-mail: info@juki.lu
ARTICLE 1 – DEFINITIONS
The following terms, whether used in the singular or plural, have the following meanings in this Personal Data Protection Policy:
App refers to the CLOSER mobile app.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
User means a natural person who has downloaded the App for their own personal use and who uses the functions offered by CLOSER.
CLOSER refers to the mobile app published and provided by Jugendhaiser JUKI asbl, which is available free of charge in the Apple App Store (iOS), Google Play Store and on the Android website for users to download to their Apple iOS and Android devices.
Cookies are small text packages with different information that are stored on the user’s end device.
Third party means 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 authorised to process personal data.
GDPR refers to Directive (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Consent means 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.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.
JUKI means Jugendhaiser JUKI asbl – the publisher of CLOSER and the party responsible for protecting the personal data of users of the app.
Personal data means any information relating to an identified or identifiable natural person. 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 (e.g. IP address or cookies) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Controller means 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. For the purposes of this personal data protection policy, the controller is Jugendhaiser JUKI asbl.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means.
Examples: Collection, recording, organisation, structuring, storage, adaptation or alteration, extraction, consultation, use, disclosure, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
ARTICLE 2 – SCOPE OF THE PROCESSING OF PERSONAL DATA
Users’ personal data is only processed to the extent necessary to provide the content and functions of CLOSER. Personal data is only collected and used with the user’s consent or if the processing of the data is permitted by law.
Which personal data is transmitted to JUKI and stored is determined by the respective input mask and the information provided during registration. The data entered during registration is used for the purposes of using CLOSER.
Persons under the age of 16 may not transmit any personal data to JUKI without the consent of their parents or legal guardians.
Personal data includes (list not exhaustive):
-IP address;
-Date and time of the connection;
-Surname, first name, gender, date of birth and home address;
-telephone number;
-Location data;
-the profile data voluntarily provided by the user on his/her account.
The location data includes the user’s chosen place of residence, the location from which the user is currently logging in and/or the GPS position of the end device used to use CLOSER.
The IP addresses and the time of the respective user action are based on the legitimate interests of JUKI and serve to protect against misuse and other unauthorised use. This data is not passed on to third parties unless it is necessary to pursue JUKI’s legal claims or there is a legal obligation to do so.
ARTICLE 3 – DISCLOSURE OF PERSONAL DATA TO SERVICE PROVIDERS
The user’s personal data will not be commercialised and will only be passed on to third parties for other purposes with the express consent of the user.
However, the user agrees that JUKI may access, store and pass on personal data in the following cases:
- to comply with the applicable laws,
- if requested by a law enforcement authority,
- to enforce the CLOSER General terms and conditions of use and this Personal Data Protection Policy,
- to investigate suspected or actual illegal activities,
- to protect the security or rights of other users and JUKI.
In some cases, JUKI works with external service providers to process the data and provide CLOSER. All of the service providers selected by JUKI offer sufficient guarantees that suitable technical and organisational measures are implemented in such a way that the processing of personal data complies with the requirements of the GDPR.
JUKI works together with:
Custom Coding, located at 3, Um Groestaen, L-6850 Manternach, Luxembourg;
Google Maps – Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland;
Google Firebase (Cloud Messaging/Push Service) – Google Inc. with registered office at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States;
Spryng B.V. with registered office at Bakkersstraat 23, 1017 CW Amsterdam, Netherlands;
Servers.com (3, op der Poukewiss, L-7795 Roost) with official address at 22 Keienbergweg, 1101GB Amsterdam, The Netherlands. E-mail: abuse@servers.com;
Gcore.com with registered office at 2-4 rue Edmond Reuter, L-5326 Contern, Luxembourg.
ARTICLE 4 – PERSONAL DATA VISIBLE TO OTHER USERS
The personal data visible to all CLOSER users includes the following, unless one or more persons have been blocked by a user: Surname, first name, gender, age and profile picture of each user.
The home address of specific persons is only visible to a user if the user has deliberately enabled the publication of their own home address for the same persons.
ARTICLE 5 – COOKIE POLICY
5.1. USE OF COOKIES
When CLOSER is used, cookies are stored on the user’s end device. These are small text packages in which various details are stored that can be read by the location that sets the cookie. The user’s end device usually contains a characteristic character string (ID) that enables unique identification when the app is called up again.
Cookies, which are stored when the user visits the app, do not recognise the user personally as an individual, but only recognise the device that the user is currently using. Cookies do not store any sensitive personal data, but merely provide information about the user’s navigation so that their device can be recognised later.
The sole purpose of the cookies stored by CLOSER is to compile and evaluate statistics required to optimise the app. Statistics are used to track the use of CLOSER and improve it based on the information collected. The information obtained through the installation of cookies is not sold and/or passed on to third parties for commercial or other purposes.
The stored cookies make it possible to facilitate navigation on the app and improve CLOSER’s services:
-by adapting the display of the app to the display preferences of the user’s end device (display resolution, operating system used, etc.);
-by allowing the user to access reserved and personal areas of the app using previously provided identifiers or data;
-by implementing safety measures;
-by enabling the creation of statistics and volumes on the visit and use of the various elements that make up the app.
5.2. CONSENT TO COOKIES
The storage of cookies on a terminal device is subject to the will of the user of the terminal device, which the user can express and change at any time free of charge via the options offered by the app The user decides whether he/she wants cookies to be stored on the terminal device.
5.3. THE REJECTION OF COOKIES AND THE CONSEQUENCES
If the user rejects the storage of cookies on his/her end device, he/she will no longer be able to use a number of functions of the app that are required to access certain areas of the app.
Where applicable, JUKI declines all liability for the consequences resulting from the impaired functioning of the App, resulting from the impossibility of storing or retrieving the cookies necessary for the proper functioning of the App and which the User has refused.
ARTICLE 6 – ERASURE OF DATA AND STORAGE PERIOD
The personal data of users is stored in accordance with legal obligations or for the duration required for the use of CLOSER. Accordingly, personal data is deleted as soon as a user account has been deleted and the purpose for which it was stored no longer applies. In addition, however, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which JUKI is subject, or if deletion of the data would be detrimental and/or prohibited for reasons of proof.
If the user decides to delete their user account, the associated personal data will be deleted with immediate effect.
ARTICLE 7 – RIGHTS OF THE USER IN THE CONTEXT OF THE PROTECTION OF PERSONAL DATA
7.1 RIGHT TO REVOKE A DECLARATION OF CONSENT UNDER DATA PROTECTION LAW
If the processing of personal data is based on consent, the user has the right to withdraw consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
7.2 RIGHT TO INFORMATION
The user has the right to obtain confirmation from the controller as to whether or not personal data concerning him or her is being processed. If this is the case, the user has a right to information about this personal data and to the following information:
-the purposes of processing;
-the categories of personal data that are processed;
-the recipients or categories of recipients to whom the personal data are disclosed or, if this is not possible, the criteria for determining this duration;
-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 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, 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 the envisaged consequences of such processing for the data subject.
Upon receipt of a request for information, JUKI will provide a copy of the personal data that is the subject of the processing within 4 weeks. For any further copies requested by the user, JUKI may charge a reasonable fee based on administrative costs. If the user submits the request electronically, JUKI will provide the information in a commonly used electronic format, unless it specifies otherwise.
7.3 RIGHT TO RECTIFICATION
The user has the right to obtain from JUKI without undue delay the rectification of inaccurate personal data concerning him/her. Taking into account the purposes of the processing, the user has the right to request the completion of incomplete personal data, including by means of a supplementary statement.
7.4 RIGHT TO BE FORGOTTEN / CANCELLATION
The user has the right to demand from JUKI that personal data concerning him/her be deleted immediately, and JUKI is obliged to delete personal data immediately if one of the following reasons applies:
-the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
-the user withdraws his/her consent on which the processing is based and there is no other legal basis for the processing;
-the user objects to the processing and there are no overriding legitimate grounds for the processing;
-the personal data has been processed unlawfully;
-the deletion of personal data is necessary to fulfil a legal obligation;
-the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where JUKI has made the personal data public and is obliged to erase the personal data, JUKI, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not exist if the processing is necessary:
-to exercise the right to freedom of expression and information;
-for compliance with a legal obligation which requires processing by applicable law or for the performance of a task carried out in the public interest or in the exercise of official authority vested in JUKI;
-for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
-for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
-for the establishment, exercise or defence of legal claims.
7.5 RIGHT TO RESTRICTION OF PROCESSING
The user has the right to request JUKI to restrict processing if one of the following conditions is met:
-the accuracy of the user’s personal data is contested, for a period enabling JUKI to verify the accuracy of the personal data;
-the processing is unlawful and the user opposes the erasure of the personal data and requests the restriction of their use instead;
-JUKI no longer needs the personal data for the purposes of the processing, but they are required by the user for the establishment, exercise or defence of legal claims, or
-the user has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of JUKI override those of the user.
Where processing of personal data has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s 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 European Union or of a Member State.
7.6 RIGHT TO DATA PORTABILITY
The user has the right to receive the personal data concerning him/her, which has been provided to JUKI, in a structured, commonly used and machine-readable format and the user has the right to transmit those data to another controller without hindrance from JUKI.
In exercising the right to data portability, the user has the right to have the personal data transmitted directly from JUKI to another controller, where technically feasible.
The exercise of the right to data portability does not affect the right to erasure. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7.7 RIGHT TO LODGE A COMPLAINT WITH THE COMPETENT SUPERVISORY AUTHORITY
Without prejudice to any other administrative or judicial remedy, every user shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
Any CLOSER user can contact JUKI by post or e-mail with questions or requests regarding personal data and to enforce these rights:
15, rue de Mamer, L-8280 Kehlen (Luxembourg)
info@juki.lu