Last Updated: June 1, 2022
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Kaleidoscope Application and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Kaleidoscope Application and Services.
When you download and use the Kaleidoscope Application, we collect information automatically from your system in order to confirm the technical requirements needed to activate the Services, including:
You may access and use the Kaleidoscope Application and Services without telling us who you are or revealing any information by which someone could identify you as a particular individual. If, however, you wish to use some of the optional or paid features in the Kaleidoscope Application, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you provide to us when you make a purchase or fill any online forms in the Kaleidoscope Application. This information may include the following:
You may choose not to provide us with your Personal Information or other requested details, but then you may not be able to take advantage of some of the features in the Kaleidoscope Application.
We do not sell your Personal Information to third parties. Depending on the requested Services or as necessary to complete any transaction or provide any Services you have requested, we may share your information with our trusted third party service providers that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Kaleidoscope Application and Services available to you. We do not share Personal Information with unaffiliated third parties. These third-party service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. These third parties are given on that Personal Information they need order to perform their designated functions.
Every service partner we engage with is either located in the European Economic Area (“EEA”) or participates in the EU-U.S. Privacy Shield program. The services provided, location, and the privacy policies of each third-party provider are listed below.
Our website and any information you submit through our website is hosted and processed by our service partner Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, USA. https://vercel.com/legal/privacy-policy
For providing proper support we use FrontApp, Inc., 1455 Market Street, Floor 19, San Francisco, CA 94102, USA. https://frontapp.com/privacy-policy
If you submit a crash log, the crash log and any additional information you provide is stored by our service partner Microsoft Inc, One Microsoft Way, Redmond, WA 98052-6399, United States. https://privacy.microsoft.com/privacystatement
Our newsletter email delivery provider is Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, WA 98109-5210 United States. https://aws.amazon.com/privacy
If you choose to purchase available Services, the information collected and process includes your name, e-mail address, IP address, billing address, phone number, payment account information, and other information about you submitted to verify who you are or to work to prevent fraud. This payment information and details will be received and processed securely by our payment processor, Bright Market, LLC dba FastSpring, 801 Garden St., Santa Barbara, CA 93101, USA. https://fastspring.com/privacy
In order to make the Kaleidoscope Application and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
Processing your Personal Information depends on how you interact with the Kaleidoscope Application and Services, where you are located in the world and if one of the following applies: (i) if you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information in a certain manner is subject to and prohibited by the California Consumer Privacy Act or European General Data Protection Regulation (“GDPR”); (ii) if provision of information is necessary related to entering into and performing an agreement with you; (iii) processing is necessary for compliance with a legal obligation; or (iv) if processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislation we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases described in this policy. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Please note that our website may not recognize or take action in response to Do Not Track (“DNT”) signals from web browser settings. At this time, there is no universally accepted standard for what a company should do when a DNT signal is detected. In the event a final standard is established, we will assess how to appropriately respond to these signals. For more detailed information about cookies, Do-Not-Track and other tracking technologies, please visit http://www.youronlinechoices.com.
We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of our assets related to the Kaleidoscope Application, your user account, and Personal Information will likely be among the assets transferred.
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any anonymized or aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights and Leitmotif aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).
In addition to the rights as explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses, if any, with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us at the email address below.
Any requests to exercise your rights can be directed to Leitmotif through the contact details provided below in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Kaleidoscope Application and Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Kaleidoscope Application and Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Kaleidoscope Application and Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the U.S. CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you may continue to receive essential transactional emails related to your account.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information, however, no data transmission over the Internet or wireless network can be guaranteed as secure. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Kaleidoscope Application and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
In the event we become aware that the security of the Kaleidoscope Application and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law.
We reserve the right to modify this Policy or its terms relating to the Kaleidoscope Application and Services from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When we do, we will post a notification in the Kaleidoscope Application. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Kaleidoscope Application and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to email@example.com or write to us at Leitmotif GmbH, Glanzweg 22, 9872 Millstatt, Austria.