PREAMBLE

 

Semse World Research-Develop Restricted Responsibility Firm (henceforth: The controller) as the controller shall acknowledge the following statement’s content. The firm is obligated to ensure that all its commercial activity falls within the guidelines of the current data controlling rules and the latest operative law. Any questions regarding the activity, and the guidelines, which is associated with the controller is available at said link: https://semseworld.com/

 

The Controller asserts the right for itself to change the current informative document any time the Controller chooses to do so.  Naturally, it is mandatory to inform the users in time about any change made to the statement. If you have any questions regarding the current statement, please write to us, and our colleagues will be happy to help.

 

The Controller’s devoted clients, and partners personal data enjoys priority, and its essential to keep this information safe, and to ensure that the clients self-determination right is respected. The Controller shall treat all private data confidential, and must ensure that all safety, technical and organisation procedures are guaranteeing the safety of these information. The Controller’s data processing methods are laid down hereinafter:



Controller

Name: Semse World Kft. 

Establishment: 18 Street Damjanich Pécs, 7624

Tax number: 28804020-2-02

Company registration number: Cg. 02-09-085389

Registry Court: Pécsi Törvényszék Cégbírósága

Company Representative: Csernák Zoltán Samu, Managing Director

Phone: +36 20 514 2475

e-mail adress: hello@semseworld.com

webpage: www.semseworld.com 

 

DEFINITIONS OF THE MAIN TERMS USED IN THE PRIVACY POLICY:

    • ’data subject’ means a natural person identified or identifiable based on any information about whom the Data Controller processes personal data relating to them.
    • ’personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); 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;
    • ‘controller’ means 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;
  • ‘processing’ means 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  • ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 
  • technical processing’ means the totality of processing operations performed by the processor acting on behalf of, or instructed by, the controller;
  • ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
  • ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the 4.5.2016 L 119/33 Official Journal of the European Union EN 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;

 

Principles relating to processing of personal data

 

Personal data shall be

 

  • processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
  • collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’)
  • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
  • accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
  • processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)
  • The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’)
  • When determining the manner of data processing and throughout the process of data handling, the Data Controller implements appropriate technical and organizational measures - such as pseudonymization - with the aim of effectively realizing the aforementioned principles, fulfilling obligations, incorporating legal safeguards, etc., all of which are carried out in a regulated and meticulously documented manner. In practice, fostering a mindset is facilitated through employee training, awareness of data protection, as well as the use of impact assessments, risk analyses, and interest balancing tests during the introduction and/or regular review of individual data processing activities ("Privacy by design").
  • Personal data retains its quality throughout the process of data handling until the relationship with the data subject can be restored. The relationship with the data subject is considered restorable if the Data Controller possesses the necessary technical means for restoration. The Data Controller pays particular attention to the protection of personal data of incapacitated individuals and minors under the age of 16 with limited legal capacity. Their consent requires the approval of their legal representative, except for those parts of services where the declaration aims at processing data that occurs extensively in everyday life and does not require special consideration.

 

The Data Controller handles personal data only for specified purposes, exercising legal rights and fulfilling obligations. The Data Controller declares that the processing aligns with the purpose at every stage and that the acquisition and handling of data are conducted fairly. The Data Controller declares to process only such personal data that is indispensable for achieving the purpose of data management, is suitable for achieving the purpose, and only to the extent and duration necessary for the realization of the purpose.

 

The Data Controller declares to handle personal data only with informed consent. The Data Controller properly informs the data subject before commencing data processing whether the data processing is based on consent or is mandatory. The data subject is informed - clearly, comprehensively, and in detail - about all facts concerning the processing of their data, especially regarding the purpose and legal basis of the data processing, the persons entitled the data handling and processing the data, the duration of data processing, whether the Data Controller processes the data subject's personal data with the consent of the data subject and for the fulfillment of the Data Controller's legal obligations or for the enforcement of a legitimate interest of a third party, and who may access the data. The information also covers the data subject's rights related to data processing and their options for legal recourse.

 

The Data Controller ensures the accuracy, completeness, and timeliness of data during processing and ensures that the data subject can only be identified for the duration necessary to achieve the purpose of data processing.

 

The Data Controller does not verify the personal data provided to it. The accuracy of the provided data is solely the responsibility of the individual (Data Subject) providing it. By providing an email address, any Data Subject also assumes responsibility that only they use the provided email address to access services. Accordingly, any and all liabilities arising from logins made using a provided email address are solely the responsibility of the Data Subject who registered the email address.

 

You can use the www.semseworld.com website without providing personal data; therefore, the General Data Protection Regulation (GDPR) does not apply to the use of the website.

 

The Data Controller does not store or process in any way the data generated during the browsing of the website in a manner that can be attributed to specific individuals.

 

THE TYPES OF PROCESSING, THE SCOPE OF THE PERSONAL DATA, THE PURPOSE, THE LEGAL BASIS AND THE DURATION OF THE PROCESSING

 

The controller’s activity records could only be reached with voluntary contribution. Although, in some cases the provided data’s management, storing, or conveying said information is made possible by the legislation, in this case we will notify our audience.

 

We would like to draw the attention of data providers to the fact that if they are not providing their own personal data, it is the obligation of the data provider to obtain the consent of the data subject.

 

The Data Controller's data management principles comply with the applicable data protection legislation, in particular:

    • on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the General Data Protection Regulation, GDPR)
  • Act CXII of 2011 on the right to informational self-determination and on the freedom of information (hereinafter the Info tv.)
  • Act CVIII of 2001 ‘On certain issues of electronic commerce activities and information society services (hereinafter the Eker.tv.),
  • Act C of 2003 on electronic communications (hereinafter the Eht.),
  • Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities (hereinafter the CAA Act.),

 

     THE DATA PROCESSED WHEN USING THE APP

 

You can use www.semseworld.com without giving any personal information, in this case the usage of the application does not fall under the scope of the data protection regulation. 

 

The data collected during the usage of the application won’t be stored by any means by the controller.

 

PRESENTS ON SOCIAL PLATFROMS

 

The controller is available on Facebook/Instagram social platforms. The Data Controller communicates with data subjects through the social networking site only and thus the purpose of the scope of the data processed becomes relevant when the data subject contacts the Data Controller through the social networking site.

 

The types of administered personal data: the concerned party’s public name, public photograph, public e-mail address, the concerned party’s messages on social media, a review by the concerned party, or any other procedure’s result.

 

The purpose of data processing: Sharing, publicising, marketing of the content seen on the webpage. By the help of social media, the concerned party can be informed about the latest sale.

 

Data subjects: Those people who willingly follow, share, and like the content which is presented on the controller’s social platforms.

 

The legal basis for the processing: the concerned party’s consent (GDPR Article 6(1) point, the Infotv. Article 5(1), and the CAA Act Article 6(5). The concerned party willingly consent to the page by liking or following the controller’s content.

 

The duration of data processing: Until deletion 

The services on the webpage, which is provided by Facebook are collecting information. These are controlled by the terms of service and rules of Facebook. The current informative document have no authority over these conditions. Further information can be found on this link:

https://www.facebook.com/about/privacy




DATA PROCESSING RELATED TO MESSAGING, CONTACTING

 

The types of administered personal data: The concerned party’s name, and email address

 

The purpose of data processing: The purpose of the data processing is to provide the right information and the communication to the concerned party.

 

Data subjects: Every person that contacted the controller and seeks information from it besides their personal information. 

 

The legal basis for the processing: By the concerned party’s consent which is connected to the regulation’s article 6(1) a) point, in the Infotv. Article 5(1).

 

The duration of the data processing: Until deletion

 

The data processing’s progression:

  1. The concerned party can communicate with the Data Controller regarding the services provided by the Data Controller or other related matters through the available channels or methods provided by the Data Controller.
  2. The data provided via the website reaches the Data Controller via email at the address hello@semseworld.com.
  3. The Data Controller responds to the inquiries of the concerned party and forwards them to them from the email address hello@semseworld.com using the same method through which the inquiry was received, unless the concerned party specifies otherwise. 
  4. The concerned party, in accordance with the purpose of data processing, voluntarily consents to the Data Controller contacting them via the provided contact information during the inquiry process in order to clarify the question or provide an answer. 

 

NEWSLETTER ACTIVITES

 

According to CAA. Article 6, the User may explicitly and in advance consent to the Data Controller contacting them via the contact details provided during newsletter registration. Furthermore, considering the provisions of this information, the User may consent to the Data Controller processing their personal data necessary for sending advertising offers.

 

The Data Controller does not send unsolicited advertising messages, and the User may unsubscribe from receiving offers (newsletters) free of charge, without restriction or justification, by sending a letter to the headquarters of the Data Controller or by sending a message to the email address hello@semseworld.com. In this case, the Data Controller deletes all personal data necessary for sending newsletters from its records, and the User will not receive further newsletters.

 

The system stores analytical data related to sending and delivery of messages, as well as the opening and online activity of the concerned parties. This includes name, email address, subscription and subscription cancelling records, message sending and delivery records, opening records, and other analytical data related to the online activity of the individuals.

 

Sending electronic messages (emails) containing newsletters to the concerned party, providing information about current news, actions, new features, and offering comprehensive, general, or personalized information to the recipient about the Data Controller's latest actions, events, news, and notification service changes or disruptions.

 

Any person who wishes to receive regular updates on the news, actions, and discounts offered by the Data Controller subscribes to the newsletter service by providing their personal data.

 

The legal basis for the processing: the data subject’s consent (GDPR Article 6(1) point a, Infotv. Article 5(1); CAA Act Article 6(5)

 

Data processing continues until the withdrawal of consent, i.e., until unsubscribing.

 

The personal data may be handled by the customer service employees of the Data Controller, while respecting the above-mentioned principles.

 

The concerned party will not be informed about the current offers contained in the Data Controller's newsletter.



     EXTERNAL LINK AND REFERENCES

 

Our website may contain numerous links and references leading to the websites of other service providers. The Data Controller does not take responsibility for the data and information protection practices of these providers.

 

DATA PROCESSING RELATING TO THE JUSTIFICATION OF CONSENT

 

The types of administered personal data: 

The IP address, email address, and the timestamp of consent of the concerned party.

 

The purpose of data processing: 

During registration or ordering, the IT system stores the IT-related data regarding consent for later proof purposes.

 

Data subjects: 

Every person who registers on the Data Controller's website, places an order, or subscribes to the newsletter.

 

The legal basis for the processing: 

Based on legal obligation (GDPR Article 6(1) c), and GDPR Regulation Article 7(1) paragraphs specifies this requirement.

 

The duration of the data processing: 

Due to legal requirements, consent must be verifiable later, thus the duration of data storage extends until the expiration period following the termination of data processing.



OTHER DATA PROCESSSING

 

This information statement clarifies that any data processing not listed herein will be communicated at the time of data collection. We inform our customers that the authorities such as the court, prosecutor, investigative authorities, administrative authorities, the National Authority of Data Protection and Freedom of Information Authority, or any other authorized bodies under the law may contact the data controller to provide information, disclose data, transfer data, or make documents available. The Data Controller will only disclose personal data to authorities to the extent necessary to achieve the purpose of the request, provided that the authority has specified the exact purpose and scope of the data.



USE OF A DATA PROCESSOR

 

In certain cases, it may be necessary for the Data Controller to engage the data processors, which means that we will transfer your personal data, as outlined in this privacy policy, to the relevant data processors. Data processors handle personal data solely according to the instructions of the Data Controller.

 

The data processors retain the data for the same duration as the Data Controller, after which it will be deleted. The Data Controller hereby declares that it carefully selects all data processors, emphasizes, and expects compliance with the necessary requirements of EU and Hungarian law regarding the handling of personal data in all cases, and only engages data processors who provide adequate guarantees for compliance with the requirements of the GDPR and ensure the protection of the rights of data subjects through appropriate technical and organizational measures. The Data Controller is entitled to verify compliance with data protection and security requirements.

 

The Data Controller engages with the following data processors:

 

 

Processor 

Name

Google Ireland Ltd.

Establishment: 

Gordon House, Barrow Street, Dublin 4, Ireland

Tax number:

IE 6388047V

The name of the data processing activity: Establishment

Sending specific, targeted electronic advertisements to the Concerned Party based on personal data approved by the Concerned Party for advertising purposes.

 

 

Processor

Name: 

Facebook Ireland Ltd.

Establishment: 

4 Grand Canal Square Grand Canal Harbour Dublin 2 Írország

The name of the data processing activity

Sending specific, targeted electronic advertisements to the Concerned Party based on personal data approved by the Concerned Party for advertising purposes.

 

The Data Controller reserves the right to engage additional data processors, about whom it will provide unique information at the latest at the commencement of data processing.

 

DATA STORAGE

 

The Data Controller stores the personal data of the data subject on servers operated by Google Ireland Ltd.



DATA SECURITY MEASURES

 

Considering the state of technology and implementation costs, as well as the nature, scope, context, and purposes of data processing, and the varying likelihood and severity of risks to the rights and freedoms of natural persons, the Data Controller and its data processors implement appropriate technical and organizational measures to ensure a level of data security appropriate to the level of risk.

 

The Data Controller selects and operates the IT tools used for processing personal data in such a way that:

- the data is accessible to authorized persons (availability).

- its authenticity and authentication are ensured (data integrity).

- its unchanged state can be verified (data integrity).

- it is protected against unauthorized access (data confidentiality).

 

The Data Controller protects the data with appropriate measures, particularly against unauthorized access, alteration, transmission, disclosure, deletion, or destruction, as well as against accidental loss, damage, and becoming inaccessible due to changes in the technology used.

 

To protect electronically managed data sets in various records, the Data Controller ensures with appropriate technical solutions that stored data—unless permitted by law—will not be directly linkable and attributable to the data subjects.

Considering the current state of technology, the Data Controller ensures the security of data processing through technical, organizational, and organizational measures that provide an appropriate level of protection against the risks associated with data processing.

During data processing, the Data Controller maintains:

- Confidentiality: Protects information so that only those authorized can access it.

- Integrity: Ensures the accuracy and completeness of the information and the processing method.

- Availability: Ensures that authorized users can access the required information when needed, and the necessary tools are available for this purpose.

The Data Controller and the partners IT systems involved in data processing are protected against computer-supported fraud, espionage, sabotage, vandalism, fire, flood, as well as computer viruses, cyber intrusions, and denial-of-service attacks. The operator ensures security through server-level and application-level protective measures. Users are informed that electronic messages transmitted over the internet, regardless of the protocol (email, web, ftp, etc.), are vulnerable to network threats that may lead to dishonest activities, contract disputes, or disclosure or modification of information.

To protect against such threats, the Data Controller takes all reasonable precautions. Systems are monitored to detect any security deviations and provide evidence for every security event. Furthermore, system monitoring allows for the verification of the effectiveness of the implemented precautions.

 

The Data Controller keeps records of any potential data breaches, including the facts related to the data breach, the impact of it, and the measures taken to address it. The Data Controller reports any potential data breach to the National Authority of Data Protection and Freedom of Information Authority without undue delay and, if possible, no later than 72 hours after becoming aware of the data breach, unless the data breach is unlikely to result in a risk to the rights and freedoms of the clients. If the notification is not made within 72 hours, the reasons for the delay must be provided.



PURPOSE AND LEGAL BASE OF THE PROCESING 

 

The data subject can request information about the processing of their personal data, as well as request correction of their personal data, and – except for mandatory data processing – deletion, withdrawal, exercise their right to data portability, and object to data processing in the manner indicated at the time of data collection or through the contact details provided by the Data Controller.

 

  1. Rights of information

The Data Controller takes appropriate measures to provide data subjects with all the information mentioned in GDPR Articles 13 and 14 regarding the processing of personal data, as well as all information required by Articles 15–22 and 34, in a concise, transparent, intelligible, and easily accessible form, presented in clear and plain language.

 

  1. Right of access by data subject

The concerned party is entitled to receive feedback from the Data Controller regarding whether their personal data is being processed, and if such processing is taking place, the concerned party has the right to access the following information:

- The purposes of the data processing.

- The categories of personal data concerning the data subject.

- The recipients or categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organizations.

- The planned duration of storage of the personal data.

- The right to rectification, erasure, or restriction of processing and the right to object.

- The right to lodge a complaint with a supervisory authority.

- Information about the source of the data.

- The existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The Data Controller shall provide this information within one month from the receipt of the request.

 

  1. Right to rectification

The data subject may request the Data Controller to correct inaccurate personal data concerning them and to supplement incomplete data.




  1. Right to erasure (‘right to be forgotten’) 

The data subject is entitled to request the Data Controller to erase their personal data without undue delay if one of the following reasons applies:

- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

- The data subject withdraws their consent on which the processing is based, and there is no other legal ground for the processing.

- The data subject objects to the processing, and there are no overriding legitimate grounds for the processing.

- The personal data have been unlawfully processed.

- The personal data must be erased to comply with a legal obligation under Union or Member State law to which the Data Controller is subject.

- The personal data have been collected in relation to the offer of information society services.

 

Data deletion cannot be initiated if the processing is necessary:

- for exercising the right to freedom of expression and information.

- for compliance with a legal obligation which requires processing by Union or Member State law to which the Data Controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller.

- for reasons of public interest in the area of public health, or for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes.

- or for the establishment, exercise, or defence of legal claims. 

 

  1. Right to restriction of processing

Upon request of the data subject, the Data Controller shall restrict processing if one of the following conditions is met:

- The data subject disputes the accuracy of the personal data; in which case the restriction shall apply for a period enabling the Data Controller to verify the accuracy of the personal data.

- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

- The Data Controller no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise, or defence of legal claims; or

- The data subject has objected to processing pending the verification whether the legitimate grounds of the Data Controller override those of the data subject.

 

If the processing is restricted, aside from storage, the personal data shall only be processed with the data subject's consent or for the establishment, exercise, or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.



  1. Right to data portability 

The concerned party has the right to receive the personal data concerning him or her, which he or she has provided to the Data Controller, in a structured, commonly used, and readable format and have the right to transmit those data to another data controller.

 

  1. Right to object

The concerned party is entitled to object at any time for reasons related to their own situation to the processing of their personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller, or if the processing is necessary for the legitimate interests pursued by the Data Controller or a third party, including profiling based on the provisions mentioned before. In case of objection, the Data Controller may not further process the personal data, unless such processing is justified by compelling legitimate reasons that override the interests, rights, and freedoms of the concerned party, or that relate to the submission, enforcement, or defence of legal claims. 

 

  1. Right to object and automated individual decision-making 

The concerned party is entitled not to be subject to a decision based solely on automated processing, including profiling, which would produce legal effects concerning them or similarly significantly affect them.

 

  1. Right of withdrawal

The individual has the right to withdraw their consent at any time.

 

  1. Right of access to the courts

In case of any infringement of their rights, the individual may bring a lawsuit against the Data Controller before the competent court according to their residence. The court will handle the case expeditiously. For a list of courts, please click on the following link: http://birosag.hu/torvenyszekek

 

  1. Procedures for competent authorities 

Hungarian National Authority for Data Protection and Freedom of Information

Adress: H-1055 Budapest, Falk Miksa utca 9-11.

Post adress: 1363 Budapest, Pf.: 9.

Phone: 0613911400

E-mail: ugyfelszolgalat@naih.hu

Website: http://www.naih.hu

 

  1. Communication of personal data breaches to data subjects

 

If the data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Data Controller will inform the concerned party of the data breach without undue delay.

 

The information provided to the concerned party must clearly and understandably describe the nature of the data breach and provide the name and contact details of the data protection officer or other contact person who can provide further information. It should outline the likely consequences of the data breach and describe the measures already taken or planned by the Data Controller to remedy the data breach, including any steps aimed at mitigating potential adverse consequences arising from the data breach.

 

The concerned party does not need to be informed if any of the following conditions are met:

- The Data Controller has implemented appropriate technical and organizational security measures, and these measures have been applied to the data affected by the data breach, especially measures such as encryption that render the data unintelligible to unauthorized persons.

- The Data Controller has taken further measures following the data breach to ensure that the high risk to the rights and freedoms of the data subjects is unlikely to materialize in the future.

- Notifying the data subjects would require disproportionate effort. In such cases, concerned party must be informed through publicly available information or similar measures that ensure effective communication to the data subjects.

 

If the Data Controller has not yet notified the concerned party of the data breach, the supervisory authority, after considering whether the data breach is likely to pose a high risk, may order the data subject to be informed.

 

  1. Compensation for damage

Anyone who has suffered material or non-material damage as a result of a violation of the data protection regulation is entitled to compensation from the Data Controller or the data processor. The data processor is only liable for damages caused by data processing if it has not complied with the obligations specifically imposed on data processors by law, or if it has disregarded or acted contrary to the lawful instructions of the Data Controller.

 

If multiple data controllers or data processors, or both the data controller and the data processor, are involved in the same data processing and are jointly liable for the damages caused by the data processing, each data controller or data processor is jointly liable for the entire damage.

 

The Data Controller or the data processor is exempt from liability if they can prove that they are in no way responsible for the event that caused the damage.

 

  1. Procedural rules 

 

- The Data Controller informs the concerned party without undue delay, but in any case, within one month of receiving the request, about the measures taken following the request pursuant to GDPR Articles 15–22.

- If necessary, considering the complexity and number of requests, this deadline may be extended by an additional two months. The Data Controller informs the data subject of the extension within one month of receiving the request, indicating the reasons for the delay. If the concerned party submitted the request electronically, the information will be provided electronically unless the concerned party requests a different approach.

- If the Data Controller does not take measures following the concerned party’s request, the concerned party is promptly informed, but no later than one month from the receipt of the request, of the reasons for not taking action, as well as the right to lodge a complaint with a supervisory authority and to seek judicial remedy.

- The Data Controller provides the requested information and communication free of charge. However, if the concerned party’s request is clearly unfounded or excessive, especially due to its repetitive nature, the Data Controller may charge a reasonable fee based on administrative costs associated with providing the information or taking the action requested or refuse to act on the request.

- The Data Controller informs all recipients to whom the personal data has been disclosed of any rectification, erasure, or restriction of processing carried out by the Data Controller, unless this proves impossible or involves disproportionate effort. Upon request, the Data Controller informs the data subject about these recipients.

- The Data Controller provides the data subject with a copy of the personal data undergoing processing. For any additional copies requested by the data subject, the Data Controller may charge a reasonable fee based on administrative costs. If the data subject submitted the request electronically, the information will be provided in electronic format unless otherwise requested by the data subject.

A LEGAL IMPRINT PRIVACY POLICY 

The Data Controller reserves the right to modify this data processing information in a manner that does not affect the purpose and legal basis of the data processing. By using the website after the modification takes effect, you accept the modified data processing information.

If the Data Controller intends to carry out further data processing for purposes different from the collection purpose of the collected data, you will be informed about the purpose of the data processing and the following information before the additional data processing:

- the duration of storage of personal data, or if this is not possible, the criteria for determining the duration.

- your right to request access to, correction, deletion, or restriction of processing of your personal data from the Data Controller, and in cases of data processing based on legitimate interests, you have the right to object to the processing of personal data, and in cases of processing based on consent or contractual relationship, you can request data portability.

- in case of data processing based on consent, your right to withdraw consent at any time.

- the right to lodge a complaint with the supervisory authority.

- whether the provision of personal data is based on a legal or contractual obligation or a prerequisite for entering into a contract, and whether you are obliged to provide personal data, as well as the possible consequences of failure to provide data.

- information on automated decision-making (if such a procedure is applied), including the logic used and the expected consequences for you. Data processing may only commence after you have been informed about these matters, and if the legal basis for processing is consent, you must also consent beyond being informed.

END USER LICENSE AGREEMENT

 

Last updated April 15, 2024




musicLabe is licensed to You (End-User) by Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság, located and registered at Damjanich utca 18., Pécs, Baranya 7624, Hungary ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is HU28804020.

 

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."

 

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság, not the Services, is solely responsible for the Licensed Application and the content thereof.

 

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

 

musicLabe when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. musicLabe is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").






TABLE OF CONTENTS

 

  1. THE APPLICATION
  2. SCOPE OF LICENSE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. USE OF DATA
  6. USER-GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. LIABILITY
  9. WARRANTY
  10. PRODUCT CLAIMS
  11. LEGAL COMPLIANCE
  12. CONTACT INFORMATION
  13. TERMINATION
  14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  15. INTELLECTUAL PROPERTY RIGHTS
  16. APPLICABLE LAW
  17. MISCELLANEOUS



1. THE APPLICATION

 

musicLabe ("Licensed Application") is a piece of software created to make music, it is an easy-to-use instrument that lets you play and create with ultimate freedom. It helps you experiment with new musical ideas and has an inspiring interface that anyone can use and enjoy. — customized for iOS and Android mobile devices ("Devices"). It is used to allow people to create music with several different musical instruments as well as use existing loops to create music.

 

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).





2. SCOPE OF LICENSE

 

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

 

2.2  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

 

2.3  You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

 

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság's prior written consent).

 

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

 

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

 

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

 

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

 

2.9  If You do not agree with the terms and conditions of the new EULA, you may not install or use the updated or new version of the Apps, and You shall discontinue using the Apps or any related Services and shall uninstall and remove the Apps from Your Device.



2.10  You accept all responsibility for such security risks and any damage that may result therefrom. It is also Your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc) in order to secure Your Device from any unauthorized access.

 

2.11  You have to make sure before downloading the Apps that they are available in any of the languages of Your preference. We make no representation that the Apps are or will be available in all languages.




3. TECHNICAL REQUIREMENTS

 

3.1  Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

 

3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

 

3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.



4. MAINTENANCE AND SUPPORT

 

4.1  The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

 

4.2  Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.



5. USE OF DATA

 

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.

 

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.



6. USER-GENERATED CONTRIBUTIONS

 

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

 

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.



7. CONTRIBUTION LICENSE

 

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.



8. LIABILITY

 

8.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

 

8.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

 

8.3  Licensor takes no accountability and responsibility in case of licensee using the Application to create copyright infringing materials.



9. WARRANTY

 

9.1  Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

 

9.2  No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság's sphere of influence that affect the executability of the Licensed Application.

 

9.3  You are required to inspect the Licensed Application immediately after installing it and notify Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (60) days after discovery.

 

9.4  If we confirm that the Licensed Application is defective, Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

 

9.5  In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

 

9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

   

 

10. PRODUCT CLAIMS

 

Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság and the End-User acknowledge that Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

 

(i) product liability claims;

   

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

 

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.



11. LEGAL COMPLIANCE

 

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.



12. CONTACT INFORMATION

 

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

       

Semse World Kft.

Damjanich utca 18.

Pécs, Baranya 7624

Hungary

hello@semseworld.com



13. TERMINATION

 

The license is valid until terminated by Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság or by You. Your rights under this license will terminate automatically and without notice from Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

      

 

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

 

Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság represents and warrants that Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság will comply with applicable third-party terms of agreement when using Licensed Application.

 

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.



15. INTELLECTUAL PROPERTY RIGHTS

 

Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Semse World Kutató-Fejlesztő Korlátolt Felelősségű Társaság, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.



16. APPLICABLE LAW

 

This License Agreement is governed by the laws of Hungary excluding its conflicts of law rules.



17. MISCELLANEOUS

 

17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

               

17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

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