Privacy Policy

jensapp.ch — JENS

1. Controller

Calvin Lubowski
2502 Biel/Bienne, Switzerland
Email: calvin@lubowskidesign.com
Website: https://jensapp.ch

2. Purpose of Data Processing

jensapp.ch serves the distribution, licensing and support of the desktop software JENS (Sound to Light). We process personal data for the operation of the website, the handover to our payment partner Stripe (Merchant of Record), license management, update emails about JENS and responding to enquiries.

Legal Basis

We process personal data in accordance with the Swiss Federal Act on Data Protection (nFADP, in force since 1 September 2023). Where visitors are resident in the European Economic Area (EEA), EU General Data Protection Regulation (GDPR) additionally applies. Applicable legal bases:

• Art. 6(1)(b) GDPR: Performance of a contract and pre-contractual measures
• Art. 6(1)(f) GDPR: Legitimate interests (secure operation, communication)

3. Hosting (Infomaniak)

This website is hosted by Infomaniak Network AG, Rue Eugène-Marziano 25, 1227 Geneva, Switzerland. All data is stored on servers located in Switzerland. Infomaniak processes technical connection data (IP address, timestamps, pages accessed) as part of infrastructure operations.

Privacy Policy Infomaniak: https://www.infomaniak.com/en/legal/privacy-policy

4. Server Log Files and Download Statistics

When you visit jensapp.ch or download a file, our server automatically records the IP address, date and time, the requested file, the referring page and the browser’s user agent. These log files are kept for 14 days for the secure operation of the website and are then deleted.

For download statistics we keep only the date, the file, the amount transferred, a rough device description and a shortened IP address (the last part removed), which no longer identifies you. Legal basis: legitimate interest (Art. 6(1)(f) GDPR).

5. Cookies

This website uses only technically necessary cookies required for the operation of the website. No marketing or tracking cookies are used by us. A cookie banner is therefore not required.

The checkout itself takes place on a Stripe-hosted page. Stripe may set its own cookies and collect device information (browser fingerprint, IP address) on that page for the purpose of fraud prevention (Stripe Radar) and the operation of its services. This processing is governed by Stripe’s own privacy policy (see Section 7).

6. Contact Form and Email

When you contact us via the contact form or by email, your name, email address and message are stored for the purpose of processing your enquiry. This data is not passed on to third parties without your consent and is deleted once the enquiry has been completed, provided no statutory retention obligations apply.

7. Purchase Processing and Payments (Stripe as Merchant of Record)

The sale of JENS is handled by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (or its applicable regional affiliate, “Stripe”), acting as Merchant of Record. Stripe is the legal seller to the buyer and is responsible for invoicing, taxes (VAT/sales tax), and statutory consumer rights related to the purchase transaction.

As part of the purchase process, Stripe collects and processes the following personal data as an independent controller: name, email address, billing address, country, IP address, device and browser information, payment-method data and transaction details. This processing is governed by Stripe’s own privacy policy. The full card number is entered directly into a Stripe-hosted page and is not transmitted to or stored by us.

Stripe may transfer personal data to Stripe, Inc. in the United States. Such transfers are safeguarded by the EU Standard Contractual Clauses and Stripe’s certification under the EU-US Data Privacy Framework.

Privacy Policy Stripe: https://stripe.com/privacy

After a successful purchase, we receive from Stripe only the information necessary for license fulfilment: email address, transaction ID and license/order reference. We use these exclusively for license delivery, license management, customer support and update emails about JENS (see Section 9).

8. License Management

To manage software licenses, we operate our own backend on a server of Infomaniak Network AG (Rue Eugène-Marziano 25, 1227 Geneva, Switzerland) with server location in Switzerland. The email address, license key and technical device identifiers (hardware fingerprint for license validation) are stored. This data is used exclusively for license validation and is not passed on to third parties.

9. Update Emails

If you buy a JENS license, we use your email address to let you know when a new version of JENS is available. These emails are only about JENS updates and contain no advertising for other products. Legal basis: our legitimate interest in informing customers about updates to software they have bought (Art. 6(1)(f) GDPR).

Every update email contains a link to unsubscribe, and you can also reply with “unsubscribe” at any time. Unsubscribing does not affect your license. For each update email we store when it was sent and whether delivery succeeded. If you unsubscribe, we keep your email address on a list of unsubscribed addresses so that you receive no further update emails. The emails are sent through the mail server of Infomaniak (see Section 3).

10. No Disclosure to Further Third Parties

Apart from Stripe (payment processing, Merchant of Record) and Infomaniak (hosting/data processor), we do not pass on any personal data to third parties, except where required by law.

11. International Users

JENS is offered internationally. Users from the EEA may lodge complaints with the data protection authority competent for their country of residence.

12. Your Rights as a Data Subject

You have the following rights under the nFADP and, where applicable, the GDPR:

• Access to the stored data (Art. 25 nFADP / Art. 15 GDPR)
• Rectification of inaccurate data (Art. 6 para. 5 nFADP / Art. 16 GDPR)
• Erasure of your data (Art. 6 para. 5 nFADP / Art. 17 GDPR)
• Restriction of processing (Art. 18 GDPR)
• Data portability (Art. 28 nFADP / Art. 20 GDPR)
• Objection to data processing (Art. 21 GDPR)
• Withdrawal of a given consent (at any time, without stating reasons)

To exercise your rights, please contact the controller by email (see below). For complaints, you may contact the Federal Data Protection and Information Commissioner (FDPIC) in Switzerland, or — for EEA users — the competent national data protection authority.

13. Changes

We reserve the right to update this privacy policy at any time. The version currently published on this website shall apply.