Privacy Policy

Effective: 23 September 2022

Last updated: 23 September 2022

This Privacy Policy (or "Policy") explains what you can expect from us and what we need from you in relation to your personal data. Kindly read this Policy carefully as this is legally binding when you use JUST GEMS NFT, its platform, website and related services, without regard to how you access or use them, including through mobile devices.

We reserve the right to revise, amend or update this Policy at any time by posting the updated version on this site including its effectivity date. Further, we shall announce material changes to this Policy by email or by posting on Just Gems NFT website ("Site").

In general

Data protection is a high priority for Just Gems NFT. The use of the Site or the is possible without any indication of personal data; however, if a data subject wants to use Services via our Site or other related applications that could be built in the future, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject shall always be in line with the applicable data protection regimes, such as the EU General Data Protection Regulation (GDPR), the Data Privacy Act of 2012 (R.A. No. 10173), and other country-specific data protection regulations applicable to Just Gems NFT. Through this Policy, Just Gems NFT informs its users of the nature, scope, and purpose of the personal data we collect, use and process. Further, data subjects are informed, by means of this Policy, of the rights to which they are entitled.

Data controller

JUST GEMS NFT is your data controller, and IF APPLICABLE in some applications or Service, is responsible for the collection, use, disclosure, retention and protection of personal information in accordance with our global privacy standards, this Policy, as well as any relevant domestic data protection laws and regulations.

JUST GEMS NFT uses encryption to protect personal data and store decryption keys in separate systems. Data controllers process and retain personal data on our servers where our data centers are located.

Where we have a legal obligation to do so, we have appointed a Data Protection Officer (DPO) to be responsible for privacy program for the respective data controllers. If you have any questions about how we protect or use your personal data, you can contact our DPOs by email at [email protected].

As the controller, Just Gems NFT implements numerous technical and organizational measures to ensure the most complete protection of personal data processed through this Site. However, Internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed.

Definitions

This Privacy Policy should be legible and understandable for the general public, as well as our users and business partners. To ensure this, we are legally obliged to explain some terms used in this Privacy Policy:

a. Personal data. Personal data means any information relating to an identified or identifiable natural person ("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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b. Data subject. Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c. Data Protection Officer (DPO). The DPO is an employee, third-party individual or third-party entity designated by Just Gems to fulfill the task of ensuring data protection. Just Gems reserves its right to not assign a DPO if such assignment is not required by the applicable laws.

d. Processing. Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

e. Restriction of processing. Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

f. Profiling. 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

g. Pseudonymization. Pseudonymization refers to 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 are not attributed to an identified or identifiable natural person.

h. Controller or controller responsible for the processing. Controller or controller responsible for the processing is 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.

i. Processor. Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

j. Recipient. Recipient is 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, the processing of those data by public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

k. 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 authorised to process personal data.

l. Consent. Consent of the data subject 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.

Cookies

Just Gems NFT Site uses cookies. Through the use of cookies, we can provide the users of the Site with more user-friendly services that would not be possible without the cookie setting. Cookies are text files that are stored in 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 character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

By means of a cookie, the information and offers on our Site can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our Site's users. The purpose of this recognition is to make it easier for users to utilize our Site. The user that uses cookies, e.g. does not have to enter access data each time the Site is accessed, because this is taken over by the Site, and the cookie is thus stored on the user's computer system. The data subject may, at any time, prevent the setting of cookies through our Site by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Further, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Site may be entirely usable. The processing of the information by using cookies is based on the legitimate interests of the Just Gems pursuant to applicable country-specific data protection regimes.

Collection of general data and information when visiting our Site

The Site collects a series of general data and information when a data subject or automated system calls up the Site. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the Site from which an accessing system reaches our Site (so-called referrers), (4) the sub-Sites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using the above general data and information, Just Gems NFT does not draw any conclusions about the data subject. Rather, this information is needed to (1) provide our products and services, including our Services and this Site, and improve them over time, (2) deliver the content of our Site correctly, (2) optimize the content of our Site as well as any advertisement, (3) ensure the long-term viability of our information technology systems and Site technology, (4) personalize and manage our relationship with you, including introducing you to Services that may be of interest to you or to provide customer support, (5) investigate, respond to, and manage inquiries or events, and (6) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Just Gems NFT analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our Site and Services, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject. The general data and information collected will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The processing of the information by collecting general data and information is based on the legitimate interests of the Just Gems pursuant to applicable country-specific data protection regimes.

Contact possibility via the Site

Just Gems NFT Site contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. This personal data is never transferred to a third parties.

Bug bounty reports

Just Gems NFT may invite the community to join Bug Bounty competitions ("Competitions") during which community members ("Participants") can report software bugs and other technical issues in connection with Just Gems NFT's Edge Network. To participate in a Competition, the Participants are required to submit a bounty application to the Just Gems NFT.

The personal data sent to the Just Gems NFT as part of a bounty application will be automatically stored by the Just Gems NFT and used to determine the distribution of the Bug Bounty among the various Participants. In addition, Participants may be contacted by email in case such contact is necessary for the execution of the respective Competition or the distribution of a Bug Bounty to the Participant. There will be no transfer of personal data collected during a Competition to third parties. The participation in a Competition may be terminated by the Participant at any time. The consent to the storage of personal data, which the Participant has given by participating in a Competition, may be revoked at any time by contacting the Controller. The processing of the personal data sent to the Just Gems in a bounty application is based on the Participant's consent pursuant to applicable country-specific data protection regimes. The Participant shall have the right to withdraw his or her consent at any time.

Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European Union or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European Union or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

Rights of the data subject

a. Right of Confirmation. Each data subject shall have the right to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the Data Protection Officer.

b. Right of Access. Each data subject shall have the right to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Further, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; 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 the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may at any time contact the Data Protection Officer.

c. Right to Rectification. Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the Data Protection Officer.

d. Right to Erasure (Right to be forgotten). Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. The data subject withdraws consent to which the processing is based, and where there is no other legal ground for the processing. The data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to applicable country-specific data protection regimes.

e. The personal data must be erased for compliance with a legal obligation to which the controller is subject. The personal data have been collected in relation to the offer of information society services. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Just Gems, he or she may at any time contact the Data Protection Officer. The Data Protection Officer shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer will arrange the necessary measures in individual cases.

f. Right of Restriction of Processing. Each data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; the processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead; the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims. The data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Just Gems, he or she may at any time contact the Data Protection Officer. The Data Protection Officer shall arrange the restriction of the processing.

g. Right to Data Portability. Each data subject shall have the right to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent, or on a contract, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer.

h. Right to Object. Each data subject shall have the right granted to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her. This also applies to profiling based on these provisions. Just Gems will no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims. If Just Gems processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, Just Gems will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Just Gems for scientific or historical research purposes, or for statistical purposes, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may directly contact the Data Protection Officer. In addition, the data subject is free in the context of the use of information society services, and to use his or her right to object by automated means using technical specifications.

i. Automated Individual Decision-Making, including Profiling. Each data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, Just Gems shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact our Data Protection Officer.

j. Right to Withdraw Consent. Each data subject shall have the right to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact the Data Protection Officer.

Provision of personal data as contractual requirement

The provision of personal data can result from contractual provisions ( e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when Just Gems signs a contract with him or her. The non-provision of personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact the Data Protection Officer. The Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

Where we store your personal data

Just Gems NFT is supported by a network of computers, servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and process your personal data in the European Union, Japan, Singapore, the United States of America, and elsewhere in the world. [rp2]

Privacy when using digital assets and blockchains

Your transactions within Just Gems NFT may be incidentally recorded on a public blockchain, such as Ethereum. Public blockchains are distributed ledgers, intended to immutably record transactions across wide networks of computer systems. Many blockchains are open to forensic analysis which can lead to deanonymization and the unintentional revelation of private financial information, especially when blockchain data is combined with other data.

Because public blockchains are decentralized third-party networks that are not controlled or operated by JUST GEMS NFT, we are not able to erase, modify, or alter personal data from such networks.

Email communications

Subject to applicable laws and regulations, we may from time to time send communications promoting Services, products, facilities, or activities to you using information collected from you. We will provide you with an opportunity to opt-out of newsletter communications. We will never provide your personal data to third parties for direct marketing or other unrelated purposes without your written consent. Unfortunately, we are unable to allow you to opt-out of the emails we send you for certain legal or administrative purposes.

Changes to this Privacy Policy

This Privacy Policy will be updated from time to time to reflect legal changes, user feedback, and changes related to Just Gems. When we make changes to this Privacy Policy, we will revise the "Last Updated " heading at the top of the Privacy Policy.

If there are any material changes to this Privacy Policy regarding the way we process your personal data, we will notify you either by sending you a notification or posting a notice of such changes on our Site and/or in the Just Gems application before they take effect. We encourage you to periodically review this Policy to learn how we process your personal data.

Contact

Any questions, comments and requests regarding this Privacy Policy should be addressed to the Data Protection Officer at [email protected].