§ 1 Introduction
The following provisions apply to Valence Technologies LTD (“VTL”) and the provision of the Software SyncMo ("the Software").
VTL is the responsible entity within the meaning of the EU General Data Protection Regulation (Art. 4(7) EU-GDPR).
VTL's data protection officer can be contacted at [email protected]
§ 2 Third Parties
Your personal data will not be transferred or passed on to third parties in any circumstances other than those listed below. We will only disclose your personal data which we have collected to third parties if:
- you have given your express consent pursuant to Art. 6(1)(a) GDPR,
- it is legally permissible and is necessary for the processing of a contractual relationship with you in accordance with Art. 6(1)(b) GDPR,
- in the event that a legal obligation exists for the transfer pursuant to Art. 6(1)(c) GDPR, or
- the disclosure pursuant to Art. 6(1)(f) GDPR is necessary to assert, exercise or defend legal claims and there is no reason to assume that there are overriding interests or fundamental rights and freedoms of the data subject which require the protection of their personal data.
§ 3 Activation and Provision of the Software
1. When purchasing a SyncMo license, you will receive a License Key number. This represents the key to use the Software according to the license terms.
2. To use the Software, you must activate it with the license key number. SyncMo expressly points out that the activation process requires an internet connection. The activation requires the transmission of a variety of information about your computer and the system environment in which the Software is to be operated. This information may also contain personal data, as described in detail below.
3. During the online activation process SyncMo will collect the following data for the verification and system-compatible activation of the license and then store it for the duration of the license: the registered license key number, the e-mail address you register, the date of the activation process, the SyncMo version used, a computer ID and IP address of the computer used.
4. In addition, SyncMo processes the aforementioned information for the purpose of verifying compliance with the license terms. SyncMo will periodically check the validity of your license by using online checks. This process takes place automatically, whereby the same information sent during the activation process is transmitted. If an online check shows that the license is invalid, SyncMo will exercise its rights in accordance with the applicable license terms. With regard to this data processing, SyncMo has an overriding legitimate interest in verifying compliance with the license conditions in order to prevent misuse and conduct in breach of contract. This data processing is therefore justified in accordance with Art. 6(1)(f) EU-GDPR.
5. If you want to transfer the Software to a new computer, you must first deactivate the installation on the old computer in the case of a Single User License. In this process, the above mentioned data is transmitted again and processed for the aforementioned purposes. You can then start the activation process on your new hardware. The data will be stored for the duration of the contract.
§ 4 Website.
You can purchase SyncMo products via this website https://sync-mo.com . Data processing in connection with the website is carried out by SyncMo.
§ 5 Payment and Invoice
If you have purchased usage rights via the website (§ 4), payments will be carried out by our payment processor CCBill. In this case, CCBill will require the following data:
- First name
- E-mail address
- Postal address
- Institution, if applicable
- Selected SyncMo product
If you pay by credit card, your data will be transmitted to CCbill, which will carry out the corresponding payment and send you an invoice. This is based on Art. 6(1)(f) EU-GDPR, as we have an overriding legitimate interest in providing you with extended payment options through the integration of external providers. The data will not be transferred to third parties in other cases.
§ 6 Storage Periods
§ 7 Data Transfers
Except in the cases mentioned herein, we will only transfer your personal data to recipients if we are legally obliged to do so (e.g. to authorities). The legal basis in these cases is Art. 6(1)(c) EU-GDPR.
§ 8 Your Rights
You have the right:
- to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information about the purposes of processing, the categories of personal data, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection thereto, the existence of a right of complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on the logic involved; We may only refuse to disclose information to you if and to the extent that such information would reveal information which must be kept secret in accordance with a legal provision, the responsible public authority has established to us that the disclosure of the data would endanger public security or order or otherwise adversely affect the welfare of the federal government or a federal state), or the data is stored only because it cannot be deleted due to legal or statutory storage regulations, or exclusively serves purposes of data backup or data protection control and the provision of information would require a disproportionate effort and the processing for other purposes is excluded by technical and organizational measures.
- to immediately request the correction or inaccurate personal data or to complete incomplete personal data stored by us in accordance with Art. 16 GDPR;
- to request the erasure of your personal data stored with us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- to restrict the processing of your personal data, in accordance with Art. 18 GDPR, if you dispute the accuracy of the data, or if the processing is unlawful but you oppose the erasure of the data, or if we no longer need the data but you need it for the establishment, exercise or defense of legal claims; or if you have filed an objection to the processing in accordance with Art. 21 GDPR;
- to receive your personal data, which you have provided to us, in a structured, current and machine-readable format or to request the transmission to another person responsible, in accordance with Art. 20 GDPR;
- to withdraw your consent to us at any time pursuant to Art. 7(3) GDPR. As a result, we will no longer be able to continue processing your data from this point forward, •
- if your personal data is processed on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR, to object to the processing of your personal data, in accordance with Art. 21 GDPR, provided that there are reasons for this which arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation. In addition, you have a general right of appeal to the data protection supervisory authority responsible for you.