Data protection is a priority for us. Use of this website, and our applications, is possible without any indication of Personal Data (as defined below); however, if a Data Subject (as defined below) wants to use certain services via our website or applications, Processing (as defined below) of Personal Data may become necessary. If the Processing of Personal Data is necessary and there is no statutory basis for such Processing, we generally obtain the Data Subject’s Consent (as defined below).
The Processing of Personal Data, such as the name, address, e-mail address, or telephone number of a Data Subject shall always be in line with the General Data Protection Regulation (“GDPR”), and in accordance with the country-specific data protection regulations applicable to us. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the Personal Data we collect, use and Process. Further, through this data protection declaration, Data Subjects are informed of the rights to which they are entitled.
As the Controller (as defined below), we have implemented numerous technical and organizational measures to ensure the most complete protection of Personal Data Processed through this website or our applications. However, Internet-based data transmissions may have security gaps, so absolute protection may not be guaranteed.
Our data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation. Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. Therefore, we would like to first explain the terminology used.
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.
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; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data Subject - Data Subject is any identified or identifiable natural person, whose Personal Data is Processed by the Controller Responsible for the Processing.
Personal Data - 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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.
Processor - Processor is a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.
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.
Pseudonymization - Pseudonymization is 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 is not attributed to an identified or identifiable natural person.
Recipient - Recipient is a natural or legal person, public authority, agency or another body, to which Personal Data is disclosed, whether a Third Party (as defined below) or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as Recipients; the Processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the Processing.
Restriction of Processing - Restriction of Processing is the marking of stored Personal Data with the aim of limiting their Processing in the future.
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 authorized to Process Personal Data.
2. Name and Contact Information of the Controller
Controller for the purposes of the GDPR, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
NOISETTE SOFTWARE CORPORATION
3. What do we collect?
Every time you visit our website or use our applications, our web servers automatically collect the following non-personally identifiable information: your Internet service provider's address, the referring URL and, information on the pages you access on our sites. We may also collect personally identifiable information, such as names, addresses and e-mail addresses that you provide when you make a purchase or contact us.
4. How do we use your information?
The information we collect is used:
5. Who do we share your information with?
We will not share your personal information with any companies or individuals except third party vendors or consultants who provide services or functions on our behalf, including credit card processing. These vendors or consultants have access to personal information necessary to perform their functions but they are not permitted to disclose or use the information for any other purpose. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when:
This website uses "cookies." Cookies are text files that are stored in a computer system via an Internet browser.
The Data Subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, 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, some functions of our website may not be entirely usable.
7. Collection of general data and information
Our website collects a series of general data and information when a Data Subject or automated system calls up the website. This general data and information are stored in the server log files. We may collect (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (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 these general data and information, we do not draw any conclusions about the Data Subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, we analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company, 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.
8. Registration on our website
The Data Subject may have the possibility to register on the website of the Controller with the indication of Personal Data. Which Personal Data are transmitted to the Controller is determined by the respective input mask used for the registration. The Personal Data entered by the Data Subject are collected and stored exclusively for internal use by the Controller, and for his or her own purposes. The Controller may request transfer to one or more Processors (e.g. a parcel service) that also uses Personal Data for an internal purpose which is attributable to the Controller.
By registering on the website of the Controller, the IP address—assigned by the Internet service provider (ISP) and used by the Data Subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the Controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the Data Subject, with the voluntary indication of Personal Data, is intended to enable the Controller to offer the Data Subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the Personal Data specified during the registration at any time, or to have them completely deleted from the data stock of the Controller.The data Controller shall, at any time, provide information upon request to each Data Subject as to what Personal Data are stored about the Data Subject. In addition, the data Controller shall correct or erase Personal Data at the request or indication of the Data Subject, insofar as there are no statutory storage obligations. The entirety of the Controller’s employees is available to the Data Subject in this respect as contact persons.
9. Contact possibility via the website
This website contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes a general e-mail address. If a Data Subject contacts the Controller by e-mail or via a contact form, the Personal Data transmitted by the Data Subject is 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. There is no transfer of this Personal Data to third parties unless we obtain your Consent.
10. 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 legislator 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 legislator or another competent legislator expires, the Personal Data are routinely blocked or erased in accordance with legal requirements.
11. Rights of the Data Subject
a) Right of confirmation
Each Data Subject shall have the right granted by the European legislator to obtain from the Controller confirmation as to whether or not Personal Data concerning the Data Subject are being Processed. If a Data Subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact any employee of the Controller.
b) Right of access
Each Data Subject shall have the right granted by the European legislator to obtain from the Controller free information about his or her Personal Data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the Data Subject access to the following information:
If a Data Subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact any employee of the Controller.
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 any employee of the Controller.
d) Right to erasure (Right to be forgotten)
Each Data Subject shall have the right granted by the European legislator 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:
e) Right of Restriction of Processing
Each Data Subject shall have the right granted by the European legislator to obtain from the Controller Restriction of Processing where one of the following applies:
f) Right to data portability
Each Data Subject shall have the right granted by the European legislator, 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 pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, 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 pursuant to Article 20(1) of the GDPR, 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 any employee of the Controller.
g) Right to object
Each Data Subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to Processing of Personal Data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to Profiling based on these provisions.
The Controller shall 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 the Controller 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 the Controller’s Processing for direct marketing purposes, the Controller 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 Controller for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, 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 contact any employee of the Controller. In addition, the Data Subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including Profiling
Each Data Subject shall have the right granted by the European legislator 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 necessary for entering into, or the performance of, a contract between the Data Subject and a data Controller, or (2) is not authorized 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, the Controller 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, contact any employee of the Controller.
i) Right to withdraw data protection Consent
Each Data Subject shall have the right granted by the European legislator 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, contact any employee of the Controller.
12. Data protection provisions about the application and use of Google AdSense
On this website, the Controller has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles.
The operating company of Google's AdSense component is
1600 Amphitheatre Pkwy,
Mountain View, CA 94043-1351,
The purpose of Google's AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the Data Subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the Controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the Data Subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of Personal Data, such as the IP address of the Data Subject, which serves Alphabet Inc., among other things, to understand the origin of visitors and clicks and subsequently create commission settlements.
The Data Subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the Data Subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs.
Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a Data Subject, and which links were clicked on by the Data Subject. Tracking pixels serve, among other things, to analyze the flow of visitors on a website.
Through Google AdSense, Personal Data and information—which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements—is transmitted to Alphabet Inc. in the United States of America. These Personal Data will be stored and Processed in the United States of America. The Alphabet Inc. may disclose the collected Personal Data through this technical procedure to third parties.
Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.
13. Data protection provisions about the application and use of Google Analytics
On this website, the Controller has integrated the component of Google Analytics. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website.
The operator of the Google Analytics component is
1600 Amphitheatre Pkwy,
Mountain View, CA 94043-1351,
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website and to provide online reports, which show the activities on our website, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the Data Subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the Controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the Data Subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the Data Subject, which serves Google, among other things, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the Data Subject. With each visit to our Internet site, such Personal Data, including the IP address of the Internet access used by the Data Subject, will be transmitted to Google in the United States of America. These Personal Data are stored by Google in the United States of America. Google may pass these Personal Data collected through the technical procedure to third parties.
The Data Subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the Data Subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
14. Legal basis for the Processing
Art. 6(1) lit.a GDPR serves as the legal basis for Processing operations for which we obtain Consent for a specific Processing purpose. If the Processing of Personal Data is necessary for the performance of a contract to which the Data Subject is party, as is the case, for example, when Processing operations are necessary for the supply of goods or to provide any other service, the Processing is based on Art 6(1) lit.b GDPR.
The same applies to such Processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which Processing of Personal Data is required, such as for the fulfillment of tax obligations, the Processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the Processing of Personal Data may be necessary to protect the vital interests of the Data Subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other Third Party. Then the Processing would be based onArt. 6(1) lit. d GDPR.
Finally, Processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for Processing operations which are not covered by any of the abovementioned legal grounds, if Processing is necessary for the purposes of the legitimate interests pursued by our company or by a Third Party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data. Such Processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the Data Subject is a client of the Controller (Recital 47 Sentence 2 GDPR).
15. The legitimate interests pursued by the Controller or by a Third Party
Where the Processing of Personal Data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
16. Period for which the Personal Data will be stored
The criteria used to determine the period of storage of Personal Data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of a contract or the initiation of a contract.
17. Provision of Personal Data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the Data Subject to provide the Personal Data; possible consequences of failure to provide such data.
We clarify that the provision of Personal Data is partly required by law (e.g. tax regulations) or can also 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 our company signs a contract with him or her. The non-provision of the 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 any employee. The employee 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.
18. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or Profiling.
19. Links to Third Party Websites
20. Children's Policy
We do not seek to solicit information from anyone under the age of thirteen (a "Child"). If a Child submits information to us through any part of our websites, and we know that the person submitting the information is a Child, we will not use it for any purpose. We will delete the information as soon as we discover it and we will not disclose it to third parties.
23. Contact Us