Data Protection/Privacy Policy

JBC Energy is in full compliance with all applicable laws, including the Regulation (EU) 2016/679 (General Data Protection Regulation; GDPR) and thus pursuant with Art.13 of the GDPR informs the User of the following.

Please know that JBC Energy may make changes to information/policies contained herein from time to time by updating this page. Consequently, you should check this page from time to time to ensure that you are aware of these changes. These policies were last updated In August 2018.

“Controller” as defined by the GDPR:	JBC Energy GmbH Wollzeile 6-8, 1010 Vienna, Austria Tel: +43 1 513 49 22 0 Email: datenschutz@jbcenergy.com

1. Categories of Data

The following table gives you an overview of the categories of personal data collected from you as well as

the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
where the processing is based
the recipients or categories of recipients of the personal data, if any;
where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.
the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period

No.	Data Category	Purpose of Processing	Location of Storage	Legal Basis (GDPR)	Recipients	Storage Period
1	Name	Contractual/Pre-contractual Relations and Provision of Services as well as Administering/Monitoring Usage of the Services	Austria	Art. 6 pa. 1 lit b)	JBC Energy Asia Pte Ltd*	7 years
2	Address	Contractual/Pre-contractual Relations and Provision of Services as well as Administering/Monitoring Usage of the Services	Austria	Art. 6 pa. 1 lit b)	JBC Energy Asia Pte Ltd*	7 years
3	Email Address	Contractual/Pre-contractual Relations and Provision of Services as well as Administering/Monitoring Usage of the Services	Austria	Art. 6 pa. 1 lit b)	JBC Energy Asia Pte Ltd*	7 years
4	Telephone Number	Contractual/Pre-contractual Relations and Provision of Services as well as Administering/Monitoring Usage of the Services	Austria	Art. 6 pa. 1 lit b)	JBC Energy Asia Pte Ltd*	7 years
5	Position	Contractual/Pre-contractual Relations and Provision of Services as well as Administering/Monitoring Usage of the Services	Austria	Art. 6 pa. 1 lit b)	JBC Energy Asia Pte Ltd*	7 years
6	Name	Provision of Marketing Information about and Advertisement of JBC Energy and its Affiliates’ Work	Austria	Art. 6 pa. 1 lit a)	JBC Energy Asia Pte Ltd*	7 years
7	Address	Provision of Marketing Information about and Advertisement of JBC Energy and its Affiliates’ Work	Austria	Art. 6 pa. 1 lit a)	JBC Energy Asia Pte Ltd*	7 years
8	Email Address	Provision of Marketing Information about and Advertisement of JBC Energy and its Affiliates’ Work	Austria	Art. 6 pa. 1 lit a)	JBC Energy Asia Pte Ltd*	7 years
9	Telephone Number	Provision of Marketing Information about and Advertisement of JBC Energy and its Affiliates’ Work	Austria	Art. 6 pa. 1 lit a)	JBC Energy Asia Pte Ltd*	7 years
10	Position	Provision of Marketing Information about and Advertisement of JBC Energy and its Affiliates’ Work	Austria	Art. 6 pa. 1 lit a)	JBC Energy Asia Pte Ltd*	7 years

* this only applies in cases of (potential) Clients located in Asia

In the case of data subjects located in Asia, where applicable, we intend to transfer your personal data to a third country or international organisation:

JBC Energy Asia Pte Ltd.

For this transfer, the following applies: Derogation for Specific Situations pursuant to Art. 49 par.1 GDPR

2. Provision Requirements

Pursuant to Art. 13 par. 2 lit. e), we are also obliged to inform you of

whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as
whether you are obliged to provide the personal data and
the possible consequences of failure to provide such data.

This concerns the following data processing listed under 1. (cf. for respective No. above)

No.	Statutory Requirement	Contractual Requirement	Obligation to Provide Data	Consequences of Failure to Provide Data
1	No	Yes	Yes	No Provision of Services
2	No	Yes	Yes	No Provision of Services
3	No	Yes	Yes	No Provision of Services
4	No	Yes	Yes	No Provision of Services
5	No	Yes	Yes	No Provision of Services
6	No	No	No	No Detrimental Consequences
7	No	No	No	No Detrimental Consequences
8	No	No	No	No Detrimental Consequences
9	No	No	No	No Detrimental Consequences
10	No	No	No	No Detrimental Consequences

3. Cookies

In order to optimise the Platform’s security as well as performance for the benefit of user experience, JBC Energy may track the accessing of the Platform as well as the distribution and usage of the Services accessed through tracking mechanisms incorporated in the Platform, such as but not limed to cookies, in order to enable JBC Energy to monitor compliance with the provisions as laid out in the Standard Agreement JBC Energy Online (SOA) – including, but not limited to – whether the Services or information contained therein are accessed by anyone else than the User via the Platform or whether any information obtained by accessing the online Platform is forwarded to other email addresses. This constitutes a legitimate interest pursuant to recital 47 of Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR).

JBC Energy reserves the right to use any such data collected in order to enforce its rights in case that it believes that any unauthorized accessing of the Platform or redistribution of its Services or information has occurred.

By using this website, the User explicitly consents to the processing of his/her personal data as outlined above.

4. Security

We are absolutely committed to protecting your information and ensuring their security. We have put in place stringent procedures and restrictions to prevent any loss or unauthorised disclosure of or access to such information in our possession. When using electronic devices or software to process such personal information, at any and all times we adhere to strict security concerns to ensure data protection.

5. Rights Pursuant to the GDPR

Furthermore, we would like to inform you of the following rights pertaining to your personal data pursuant to the GDPR:

Right to Access (Art. 15)
Right to Rectification (Art. 16)
Right to Erasure (‘right to be forgotten’) (Art. 17)
Right to Restriction of Processing (Art. 18)
Right to Data Portability (Art. 20)
Right to Object (Art. 21)

6. Austrian Data Protection Agency

We herewith also inform you that you have the right to lodge a complaint with the Austrian Datenschutzbehörde (http://www.dsb.gv.at) pursuant to Chapter VIII of the GDPR.

Standard Terms & Conditions of Usage

Last Revised: May 2020

Framework of Agreement

These Standard Terms & Conditions of Usage (STCU) only and exclusively govern the usage of this online Platform by you, the “Client” or the “User”. The usage of Services (e.g. provision of analysis, comments, charts, data points and assessments in the form of research reports; analysis and data deliveries in written form; expert Market Watch presentations, Webinars and Videos; and research on request) shall entirely be governed by any current and valid underlying agreement or understanding between JBC Energy and the Client – which shall remain the basis for the access to JBC Energy’s Services – such as but not limited to signed Research Services Contracts (RS), signed Order Forms (OF), applicable Standard Subscription Agreements (SSA) or complimentary trial agreements and these STCU shall only add to and complement these when and where required.

Duration, Access & Content of Agreement

Unless otherwise defined herein, the provisions of these STCU shall be equal in duration to the underlying RS, OF, SSA or trial period (the duration of which is at the sole discretion of JBC Energy) or the factual access to the Platform – whichever is the longer.

This online Platform will allow the User to access certain Services as per the underlying RS/OF/trial agreement (e.g. retainer reports) as soon as the Services have been published or become generally available on the online Platform and for certain services also access to Archives may be granted. If the User accesses the Platform on a complimentary trial basis, the User may be granted access via the Platform to all Services as laid out in the respective complimentary trial communication as of the start date of the complimentary trial.

For the avoidance of doubt, the granting and the length of access to Services shall remain at the sole discretion of JBC Energy and JBC Energy may, as well upon its sole discretion, revoke any access to this Platform following prior notification being provided to the User.

Use of Data & Proprietary Rights

For the avoidance of doubt, the rules on the usage of data as well as proprietary right as laid down in the RS, OF, SSA or complimentary trial agreement shall remain unchanged and unaltered by the provisions in this STCU.

In addition to this, the User may only access the online platform using his/her own access data, which includes but is not limited to registered email addresses and passwords. In line with JBC Energy’s GDPR and data protection regime (see http://online.jbcenergy.com/account/dataprotection), it will use the personal data provided by the User in full compliance with all applicable data protection regulation.

The User warrants vis-à-vis JBC Energy that they will neither communicate, distribute, transfer, sell, or otherwise furnish or permit to be furnished any of their access data nor all or any of the Services or information contained in the Platform to any other persons or third parties without the express written consent of JBC Energy.

In line with its Privacy Policy and in compliance with the applicable laws, including to Regulation (EU) 2016/679 (General Data Protection Regulation; GDPR), JBC Energy may use cookies or other tracking devices, such as provided by Matomo, to process from time to time the data as outlined above to enable JBC Energy to perform its contractual or other obligations under the underlying RS/OF/trial agreement as well as to enforce and exercise its rights thereunder, such as – but not limited to – verifying that these agreements are not violated, e.g. that a User’s access data or any of the Services or information contained in the Platform are not communicated, distributed, transferred etc. to any other persons or third parties.

Likewise, in order to further improve the functioning of our websites and to better understand how our websites are used, so we can tailor content for you and improve the user experience – in line with applicable legislation including, but not limited to, Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR) and in accordance with the prerequisites laid down therein – we ask for your consent to using the personal data collected by as per the cookies put in place also for the purposes of Statistical Evaluation & Improvement of User Experience.

The User agrees and acknowledges that all proprietary rights of JBC Energy in the tool and device of this online Platform (the “Intellectual Property”) are and shall remain the property of JBC Energy and that nothing in any part or the whole of these STCU shall be construed to transfer or convey any Intellectual Property rights. The User also agrees to protect all Intellectual Property rights of JBC Energy and the User shall honour and comply with all reasonable requests to protect the contractual, statutory, and common law rights of JBC Energy. The User acknowledges that JBC Energy is entitled to injunctive relief to prevent a breach or future breach of the provisions of this STCU without prejudice to any other relief including a claim for damages. Such measures may include, but be not limited to, suspension of the User’s access to the online Platform.

Warranties & Limitations of Liabilities

JBC Energy makes no warranties or representations that the online Platform and access thereto will be free from outages and disruptions and shall bear no liability vis-à-vis the User in such cases. Furthermore, for the avoidance of doubt, JBC Energy shall incur no liabilities whatsoever from the User accessing this online Platform and the User shall not be entitled to claim any losses, damages, costs or expenses of any nature whatsoever from JBC Energy under these STCU.