1. Collection, Use and Legal Basis of European Personal Data

We have set out below, in a table format, a description of the types of European Personal Data we collect, the sources we collect it from, how we plan to use your European Personal Data, which are the legal basis we rely on to do so.

You can refer to section 11. Glossary for a description of the terms used in the table below.

• *1

  The processing of certain categories of European Personal Data may not be subject to GDPR or UK GDPR when the cardholder's internet-connected device is physically used in territories other than the EEA or UK. Other European data protection laws such as the e-Privacy Directive (2002/58/EC) or UK equivalent may apply when the cardholder's internet-connected device, the merchant and JCB are all within the EEA or UK.

• *2

  The categories of European Personal Data are collected by JCB Co., Ltd. only.

Please note that depending on the purpose for which we use your European Personal Data, we may rely on more than one legal basis for processing. When we rely on legitimate interest, we do so because we have determined that this processing is required to be performed by us or a third party controller to ensure the safe and effective working of your JCB card and the settlement of transactions or it is in our legitimate business interest. In making this determination we have considered your rights under European data protection law and balanced them against our legitimate interests. If you have any queries, you can contact us at the email address listed in section 12. Contact Us of this notice.

Generally we don’t rely on your consent as a legal basis for processing other than in relation to sending direct marketing communications to you or collecting your location data through interaction with JCB websites and mobile applications. You have the right to withdraw your consent at any time (for more information on this see section 6(4) Right to stop your European Personal Data being used for direct marketing purposes below).

We may use your European Personal Data for purposes other than the ones listed above. Should this be the case, we will inform you of the purpose in accordance with applicable laws and regulations.

2. Recipients

In order to achieve our purposes set out in the table above, we may share your European Personal Data with the following categories of recipients:

(1) franchised issuers;

(2) third party issuers;

(3) affinity partners;

(4) merchants;

(5) acquirers;

(6) service providers;

(7) risk based authentication solution providers; and

(8) public bodies.

We require all third parties who process European Personal Data on our behalf to respect the security of your European Personal Data and to treat it in accordance with their contractual or legal obligations.

We may need to share your European Personal Data with more recipients than the ones listed above. Should this be the case, we will inform you of the change in accordance with applicable laws and regulations.

3. Automated decision making

Automated decision making takes place when our electronic systems process European Personal Data to make a decision about you or your business without human intervention. We are allowed to use automated decision making in the following circumstances:

(1) authorising transactions; *3;

(2) authenticating transactions; *3;

(3) detecting suspicious transactions *4; and

(4) preventing and monitoring fraudulent transactions. *4.

• *3

  For the JCB proprietary cards and franchised issuer cards only.

• *4

  For the JCB proprietary cards, franchised issuer cards and third party issuer cards.

You will not be subject to decisions that will have a legal or significant impact on you based solely on automated processing, unless we have a lawful basis for doing so and we have notified you. For more information on your rights in connection with automated decision making, please see section 6(8) Right not to be subject to decisions based solely on automated processing below.

4. If you fail to provide European Personal Data

Where we need to collect European Personal Data by law, or under the terms of a contract we have with you and you fail to provide the data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with card services). If that is the case, we may have to cancel a product or service you have with us.

5. International Transfer of European Personal Data

JCB Co., Ltd. is a Japanese corporation, and in order to provide you with our services we will process data in Japan. Transferring European Personal Data to Japan is necessary for the purposes of use set out in sections 1 and 2 above. You should be aware that data protection law in Japan may differ from the data protection law applicable to you in the EU or the UK. However, we have adequate safeguards in place based on valid legal grounds, such as the European Commission adequacy decision adopted between the EU and Japan on 23 January 2019 and approved by the UK, for transferring European Personal Data from the EU and the UK to Japan and standard data protection provisions approved by the European Commission and the ICO.

If your JCB Card has been issued by a third party issuer, and you use your JCB card at merchants in the EEA or UK, it is necessary for JCB Co., Ltd. and JCB International Co., Ltd. to transfer your European Personal Data to the relevant third party issuer in order to authenticate, authorise or settle your card transaction. Such third party issuer may be located in a country with different data protection standards.

If your JCB Card has been issued by JCB Co., Ltd. or franchised issuers, and you use your JCB card at merchants in the EEA or UK which use the J/Secure authentication service, it is necessary for JCB Co., Ltd. and franchised issuers to transfer your Attribute Information to risk based authentication solution providers in order to obtain the identity assurance rating which are used to prevent you from fraudulent transactions. Such risk based authentication solution providers may be located in a country with different data protection standards. Please note that you can object to this transfer, at any time, by contacting us at the contact details set out at Section 12 below but this will limit your further use of the JCB Card in certain circumstances.

6. Your rights in relation to European Personal Data

You have the following rights regarding your European Personal Data that we hold:

7. Retention Period

We will keep your European Personal Data on file for as long as is necessary to achieve our purposes listed in the table in section 1 Collection, Use and Legal Basis of European Personal Data above.

We only keep European Personal Data as permitted by law applicable to us, which is typically for a period of 7 years but may be up to 10 years.

Please note, JCB is subject to a number of applicable laws and regulations globally which may require European Personal Data to be kept for longer periods such as in relation to tax filings, government investigations, the investigation of fraud and transaction monitoring and litigation and dispute resolution in accordance with our data retention policy. Your data will be kept securely. If you have any queries about how and for how long your European Personal Data is kept, you may contact us at the email address listed in section 12. Contact Us of this notice.

8. Security

We have a management system to correct and prevent unauthorized access, loss, destruction, falsification, and leakage of European Personal Data, as well as the appropriate technical and organizational measures to address such risks, as further detailed below. The goal of these measures is to maintain our data protection standards and to ensure we have the necessary safeguards for the processing of European Personal Data.

• (1)

  We limit access to European Personal Data to authorised executives and employees only.

• (2)

  We limit our collection and use of European Personal Data to the extent necessary for providing our services and managing operations.

• (3)

  If we outsource the processing of European Personal Data to third parties, we base our selection on said third parties having adequate safeguards in place that meet our European Personal Data protection standards, and we regularly audit their compliance with applicable data protection policies, laws and regulations.

• (4)

  We strive to manage European Personal Data accurately and efficiently.

• (5)

  We pseudonymise and encrypt European Personal Data where necessary.

• (6)

  We strive to ensure our system and service’s confidentiality, integrity, availability, and recoverability.

• (7)

  We have systems in place to ensure we can restore the availability and access to European Personal Data in a timely manner in the event of a physical or technical incident.

• (8)

  We periodically inspect, assess, and evaluate the effectiveness of our technical and organizational measures to ensure the security of our processing.

9. Accountability

We are responsible for all the safeguards implemented in relation to the processing of European Personal Data, and we maintain an electronic record of all processing activities of our European Personal Data.

10. Updates

This Privacy Notice may be updated to reflect changes to our European Personal Data processing policy. In the event there is material change to this Privacy Notice we will inform you via our website.

11. Glossary

Some of the words in this Privacy Notice have the meanings set out below:

• ・

  acquirers: these are financial institutions or other parties that contract with merchants for JCB card transactions;

• ・

  affinity partners: third parties that are authorised to offer co-branded JCB Cards;

• ・

  consent: when you have explicitly given us your consent for processing of your European Personal Data;

• ・

  contract: to allow us to perform our contract with you;

• ・

  franchised issuers: these are companies who can issue JCB branded cards jointly with us in Japan;

• ・

  J/Secure authentication service: JCB's authentication program to verify the authenticity of a cardholder that enables the secure processing of payment card transactions in the remote environment;

• ・

  legitimate interest: where it is necessary for our legitimate interests or those of a third party, and your interests and fundamental rights do not outweigh those interests;

• ・

  legal obligation: where we need to comply with a legal obligation (for example compliance with anti-money laundering and fraud laws or compliance with a court order);

• ・

  merchants: these are merchants where JCB cards are transacted.

• ・

  public bodies: they refer to supervisory authorities, government agencies and public entities that deal with European Personal Data. We may provide your European Personal Data to public bodies to comply with our legal and regulatory duties;

• ・

  service providers: we may engage service providers including financial institutions that issue cards, financial institutions that acquire merchants and process card transactions, subcontractors for card transactions and provision of services and service providers that facilitate card transactions and monitor unauthorized card access. These third parties may come to access or otherwise process your personal data in the course of providing these services and may not process your European Personal Data unless there are adequate legal reasons for them to do so. All third party service providers and subcontractors are required by contract to comply with all relevant data protection laws and security requirements in relation to your European Personal Data;

• ・

  risk based authentication solution provider: we may engage specialist service providers that assist us in authenticating cardholders and transactions by analyzing transaction data and related information from a wide range of sources; and

• ・

  third party issuers: these are companies who can independently issue by license JCB branded cards.

12. Contact Us

If you have any questions or opinions regarding this Privacy Notice, or if you have a request regarding information you provided us, you may either email us or send us a letter to the address below:

In addition, our European Data Protection Officer may be contacted at eu-dpo@info.jcb.co.jp.