Terms of Use

Introduction

The following Terms of Use for Noteflight.com (the "Terms of Use") is a legal contract between you ("you" or, collectively, "Users"), and Noteflight LLC ("Noteflight"), a Massachusetts limited liability corporation, regarding your use of the Noteflight Web Site.

 

1. Restrictions.

 

1.1 Commercial Use.

By registering for a Noteflight account, you agree to access the Noteflight Web Site, Noteflight's content, Noteflight's embedded viewer, and Noteflight's APIs solely for your use. You agree not to rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer your access to the foregoing for commercial gain without Noteflight's prior written approval.

You also agree not to sell advertising, sponsorships, or promotions placed on or within Noteflight's content or embedded viewer.

You also agree not to sell advertising, sponsorships, or promotions on any page of any web site that contains Noteflight content, unless other content not obtained from Noteflight appears on the same page and is of sufficient value to be the basis for such sales, or unless you have received prior written approval from Noteflight.

 

1.2 Age Restrictions (EDUCATIONAL PLANS ONLY).

Educational versions of Noteflight, including Noteflight Learn, are free of any age restriction and fully comply with United States privacy laws protecting children and students.

 

1.3 Age Restrictions (ALL OTHER PLANS).

By registering for an account, you further represent that you are at least 18 years of age, or that you are at least 13 years of age and have your parents' permission to use the Noteflight Web Site. The Noteflight Web Site is not intended for use by individuals under 13 years old.

 

2. Individual Features and Services.

When using the Noteflight Web Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms of Use.

 

3. Modification of These Terms of Use.

Noteflight reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use and any Guidelines periodically for changes. Your continued use of the Noteflight Web Site after the posting of changes constitutes your binding acceptance of such changes. We will always make a reasonable effort to notify you if we do change these Terms of Use.


4. Copyright Protections. 


4.1 Digital Millennium Copyright Act.

We respect authors' and content holders' rights. Therefore, it is Noteflight's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that Noteflight may promptly terminate without notice any User's access to the Noteflight Web Site if that User is determined by Noteflight to have infringed the rights of copyright holders.


4.2 Arrangement of Copyrighted Works.

Noteflight members may share their arrangements of copyrighted works for viewing and commenting, provided that the copyrighted work is identified. Noteflight will provide direct links to purchase the official publisher edition of the copyrighted work, when available on Sheet Music Direct, and rights will be administered by Hal Leonard, LLC. Please note the public display of arrangements of copyrighted works on Noteflight is for the purpose of critique, comments, and personal enjoyment, and does not authorize the author to benefit financially from the sale, rental, or licensing of such arrangements. Noteflight reserves the right to remove any arrangement of any song at any time at the request of the administrators of these copyrights.


5. Reservation of Rights.

Noteflight reserves all rights not expressly granted in this Terms of Use.

 

6. Prevention of Unauthorized Use.

Noteflight reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Noteflight Web Site, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

 

7. Retention of Ownership in User Content.

You retain all of your ownership rights in original musical scores, audio performances of musical scores, digital musical instrument definitions, and textual comments in musical scores (collectively referred to as "User Content" in this document) which are owned by you.

 

8. License Grant to other Users.

 

8.1 Grant of Access To Read Your User Content.

By distributing or disseminating User Content through the Noteflight Web Site, you hereby grant to each User that is authorized to access your User Content a non-exclusive license to access and use your User Content under the terms established by you when you created such User Content. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access your User Content a perpetual, limited, non-exclusive, non-transferable personal license to view and download such User Content in the manner contemplated by these Terms of Use.

 

8.2. Grant of Access to Edit Your User Content.

By explicitly permitting another user to edit your User Content, you hereby grant to each such user a perpetual, limited, non-exclusive, non-transferable personal license to copy, distribute and transmit such User Content, and to adapt the original work in any way, provided that such user complies with the licensing terms set forth in the Creative Commons Attribution-Share Alike 3.0 license, available here: http://creativecommons.org/licenses/by-sa/3.0/legalcode.

 

8.3 Grant of Rights of Use When You Edit Other User's User Content.

When you edit another User's User Content you agree to grant a license to each such User on the terms set forth in the Creative Commons Attribution-Share Alike 3.0 license, available here: http://creativecommons.org/licenses/by-sa/3.0/legalcode.

 

8.4 Grant of Access to Comment On Your User Content.

Permitting comments on your User Content and the resulting creation of modified content (the "Modified Content") does not confer upon the commenting party any rights of joint authorship in such Modified Content, any rights in the creation of a derivative work based on such User Content, or any other intellectual property rights other than those retained by the commenting party in the comments themselves.

 

8.5 Grant of Rights of Use When You Comment on Other Users' User Content.

When you comment on another User's User Content and thus create Modified Content you agree to waive any rights of joint authorship in such Modified Content, any rights in the creation of a derivative work based on such User Content, or any other intellectual property rights other than those retained by you in the comments themselves.

You agree that Noteflight shall have no responsibility or liability for any unauthorized use of your User Content and agree that nothing herein creates or implies any liability, express or implied, direct or indirect, contractual or in any other manner whatsoever on the part of Noteflight for any unauthorized use by any party of your User Content.

 

9. Content Representations and Warranties.

You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:

(1) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Noteflight and the Noteflight Web Site Users to use your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by Noteflight and this Terms of Use;

(2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and

Violators of these third-party rights may be subject to criminal and civil liability. Noteflight reserves all rights and remedies against any Users who violate the Terms of Use.

 

10. User Content Disclaimer.

You understand that when using the Noteflight Web Site you will be exposed to User Content from a variety of sources, and that Noteflight is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. Noteflight does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Noteflight expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to this Terms of Use, Noteflight may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, Noteflight does not permit copyright infringing activities on the Noteflight Web Site.

 

11. Prohibited Conduct.

By using the Noteflight Web Site you agree not to:

  • use the Noteflight Web Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Noteflight Web Site as such services are offered by Noteflight;
  • rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein, or any Materials (as defined in Section 14), or any User Content, or any renditions of the foregoing into any digital or hardcopy format including but not limited to those containing musical, textual, visual or audio information;
  • post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
  • post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Noteflight Web Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Noteflight Web Site, or perform any other similar fraudulent activity;
  • delete the copyright or other proprietary rights on the Noteflight Web Site or User Content;
  • create multiple unpaid accounts for the purposes of circumventing feature limitations on account types, such as limitations on the number of scores per account;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Noteflight Web Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • use the Noteflight Web Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • defame, harass, abuse, threaten or defraud anyone, or collect, or attempt to collect, personal information about Users or third parties without their consent;
  • remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Noteflight Web Site or User Content, features that prevent or restrict use or copying of any content accessible through the Noteflight Web Site, or features that enforce limitations on the use of the Noteflight Web Site or User Content;
  • use sound recordings from the Materials that have been reformatted for use in any other digital sampler or synthesizer, mixed, combined, filtered, resynthesized, or otherwise edited, for use as sounds, multisounds, samples, multisamples, wavetables, programs or patches in a game product, sampler, microchip or any sample playback device.
  • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Noteflight Web Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • modify, adapt, translate, or create derivative works based upon the Noteflight Web Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • intentionally interfere with or damage operation of the Noteflight Web Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • relay email from a third party's mail servers without the permission of that third party;
  • use any robot, spider, scraper, or other automated means to access the Noteflight Web Site for any purpose or bypass any measures Noteflight may use to prevent or restrict access to the Noteflight Web Site;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Noteflight Web Site;
  • interfere with or disrupt the Noteflight Web Site or servers or networks connected to the Noteflight Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Noteflight Web Site; or
  • post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Noteflight experience.

 

12. Account.

When you use the Noteflight Web Site to upload and/or download content or any products, services, or information from Noteflight, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Noteflight during registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Noteflight. You may be liable for the losses incurred by Noteflight or others due to any unauthorized use of your Noteflight Web Site account.

 

13. Termination; Terms of Use Violations.

 

13.1 Noteflight.

You agree that Noteflight, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Noteflight or your use of the Noteflight Web Site and remove and discard all or any part of your account, User profile, and any User Content, at any time. Noteflight may also in its sole discretion and at any time discontinue providing access to the Noteflight Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Noteflight Web Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Noteflight will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Noteflight may have at law or in equity. As discussed herein, Noteflight does not permit copyright infringing activities on the Noteflight Web Site, and will terminate access to the Noteflight Web Site, and remove all User Content or other content submitted by any Users who repeatedly submit material in violation of these Terms of Use.

 

13.2 You.

Your only remedy with respect to any dissatisfaction with (i) the Noteflight Web Site, (ii) any term of this Terms of Use, (iii) any policy or practice of Noteflight in operating the Noteflight Web Site, or (iv) any content or information transmitted through the Noteflight Web Site, is to terminate your account. You may terminate following the steps on the Noteflight Web Site to terminate your account.

 

13.3 User Content.

Subject to section 7.3 above, upon termination of this agreement by you or Noteflight, Noteflight will discontinue prospective hosting and distribution of your User Content.

 

14. Ownership; Proprietary Rights.

The Noteflight Web Site is owned and operated by Hal Leonard, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), sound recordings, products, services, and all other elements of the Noteflight Web Site provided by Noteflight, as well as sound recordings and portions thereof owned and licensed by Sonic Networks, Inc. d/b/a SONiVOX (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by Users, all Materials contained on the Noteflight Web Site are the property of Noteflight or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Noteflight or its affiliates and/or third-party licensors. Except as expressly authorized by Noteflight, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Noteflight reserves all rights not expressly granted in this Terms of Use.

 

15. Indemnification.

You agree to indemnify, save, and hold Noteflight, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Noteflight Web Site, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Noteflight reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Noteflight, and you agree to cooperate with Noteflight's defense of these claims. Noteflight will use reasonable efforts to promptly notify you of any such claim, action, or proceeding.

 

16. Disclaimers.

 

16.1 No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOTEFLIGHT, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTEFLIGHT OR THROUGH THE NOTEFLIGHT PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 16, THE TERM NOTEFLIGHT INCLUDES NOTEFLIGHT'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

 

16.2 "As is" and "As available" and "With All Faults".

YOU EXPRESSLY AGREE THAT THE USE OF THE NOTEFLIGHT.COM SITE IS AT YOUR SOLE RISK. THE NOTEFLIGHT.COM SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NOTEFLIGHT.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

 

16.3 Platform Operation and User Content.

NOTEFLIGHT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

16.4 Accuracy.

NOTEFLIGHT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

16.5 Harm to Your Computer.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

 

16.6 Uploaded Content.

THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY NOTEFLIGHT HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

17. Limitation of Liability and Damages.

 

17.1 Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL NOTEFLIGHT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH NOTEFLIGHT, EVEN IF NOTEFLIGHT OR A NOTEFLIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17.2 Limitation of Damages.

IN NO EVENT WILL NOTEFLIGHT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE NOTEFLIGHT.COM SITE OR YOUR INTERACTION WITH OTHER NOTEFLIGHT PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE NOTEFLIGHT.COM SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

 

17.3 Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 

18. Miscellaneous.

 

18.1 Notice.

Noteflight may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Noteflight Web Site. Notice will be deemed given twenty-four hours after email is sent, unless Noteflight is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Noteflight Web Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Noteflight Web Site is deemed given 30 days following the initial posting.

 

18.2 Waiver.

The failure of Noteflight to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Noteflight.

 

18.3 Governing Law.

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.

 

18.4 Jurisdiction.

For any action at law or in equity arising out of or relating to your use of or your access to the Noteflight Web Site, these Terms of Use, or any dealings with Noteflight, you hereby consent and submit to personal jurisdiction in the state or federal courts in and for Middlesex County, Massachusetts for the purposes of litigation related to any such claims or causes of action.

 

18.5 Severability.

If any provision of these Terms of Use or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

18.6 Assignment.

These Terms of Use and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Noteflight without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

 

18.7 Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

 

18.8 Entire Agreement.

This is the entire agreement between you and Noteflight relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Guidelines made by Noteflight as set forth in section 3 above.

 

18.9 Claims.

You agree that any cause of action arising out of or related to the Noteflight Web Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

18.10 Disclosures.

The Noteflight Web Site is operated by Noteflight LLC, located in Somerville, Massachusetts and at the email address support@noteflight.com.

 

18.11 Patents.

One or more patents owned by Noteflight apply to the Noteflight Web Site and to the features and services accessible via the Noteflight Web Site, including U.S. Patent No. 8,389,843.


19. EU Personal Data (NOTEFLIGHT LEARN ACCOUNTS ONLY).  

This Section 19 applies to Noteflight Learn Accounts only. As used in this Section 19, “Customer” shall mean the educational institution that subscribes to the Service (as defined below).


19.1. Defined Terms. In this Section 19: 

  • “Service” means the Noteflight Learn service provided to Customer by Noteflight in accordance with these Terms of  Use. 
  • The following terms have the meanings given in the General Data Protection Regulation (EU) 2016/679 (“GDPR”): “controller”, “personal data”, “processor”, “data subject” and “process”. 


19.2. Subject Matter, Nature, Purpose and Duration. 

This Section 19 applies to the processing of personal data relating to data subjects located in the European Economic Area (including the United Kingdom as of the latest revision date of these Terms of Use) by Noteflight solely on behalf of Customer for the purpose of providing the Service (“EU Personal Data”). As between the parties, (i) Customer is a controller and Noteflight is a processor on behalf of Customer with regard to EU Personal Data or (ii) Customer is a processor and Noteflight is a subprocessor on behalf of Customer with regard to EU Personal Data. The subject matter of EU Personal Data processing, including the nature of the processing operations carried out by Noteflight on behalf of Customer and Customer’s data processing instructions for Noteflight, is set forth on Exhibit A to these Terms of Use and as otherwise as provided in reasonable written instructions by Customer to Noteflight from time to time. This Section 19 shall remain in effect as long as Noteflight carries out EU Personal Data processing operations on behalf of Customer (and until all EU Personal Data has been returned or deleted in accordance with Section. 19.3(g)). 


19.3. Processing Covenants. 

In processing EU Personal Data hereunder, Noteflight shall: 


 a) process EU Personal Data only on documented instructions from Customer, unless otherwise required to do so by applicable law, in which case Noteflight will inform Customer of that legal requirement before processing, unless applicable law prohibits Noteflight from informing Customer. For the avoidance of doubt, this Section 19 shall constitute Customer’s documented instructions to Noteflight to process EU Personal Data in connection with Noteflight’s provision of the Service to Customer; 

 b) use commercially reasonable efforts intended to ensure that persons authorized to process EU Personal Data hereunder have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality or are subject to ethical rules of responsibility that include confidentiality; 

 c) taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement commercially reasonable technical and organizational measures intended to meet the security requirements described in Article 32 of the GDPR; 

 d) taking into account the nature of the processing, use commercially reasonable efforts to assist Customer, at Customer’s expense, by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to requests for exercising the data subjects’ rights with respect to their EU Personal Data under the GDPR and any applicable national implementing legislation, regulations and secondary legislation relating to the processing of personal data (the “Data Protection Laws”). 

 e) taking into account the nature of processing and the information available to Noteflight, use commercially reasonable efforts to assist Customer, at Customer’s expense, in ensuring compliance with Customer’s obligations described in Articles 32 through 36 of the GDPR; 

 f) notify Customer promptly if Noteflight becomes actually aware of a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, EU Personal Data (an “Incident”), provided that the provision of such notice by Noteflight shall not be construed as an acknowledgement of fault or liability with respect to any such Incident; 

 g) at the choice of Customer, delete or return all EU Personal Data to Customer within thirty (30) days of the receipt of written notice from Customer by Noteflight, after end of the provision of the Service to Customer, and delete existing copies unless applicable law requires retention of EU Personal Data; for the avoidance of doubt, unless Customer requests deletion or return of the EU Personal Data, Noteflight will retain such EU Personal Data following the end of the provision of Service for the purposes of resuming such Service (including making such EU Personal Data and associated scores available to Customer) in the event of Service renewal. 

 h) make available upon Customer’s reasonable request information reasonably necessary to demonstrate material compliance with the obligations laid down in this Section 19 and allow for and contribute to audits (each, an “Audit”), at Customer’s expense, including inspections of processing facilities under Noteflight’s control, conducted by Customer or another auditor chosen by Customer (an “Auditor”), during normal business hours, no more frequently than once during any twelve (12) month period, and upon reasonable prior notice, provided that no Auditor shall be a competitor of Noteflight, and provided further that in no event shall Customer have access to the information of any other client of Noteflight and the disclosures made pursuant to this Section 19.3(h) (“Audit Information”) shall be held in confidence as Noteflight’s confidential information and subject to any confidentiality obligations in these Terms of Use, and provided further that no Audit shall be undertaken unless or until Customer has requested, and Noteflight has provided, documentation pursuant to this Section 19.3(h) and Customer reasonably determines that an Audit remains necessary to demonstrate material compliance with the obligations laid down in this this Section 19. Without limiting the generality of any provision in these Terms of Use, Customer shall employ the same degree of care to safeguard Audit Information that it uses to protect its own confidential and proprietary information and in any event, not less than a reasonable degree of care under the circumstances, and Customer shall be liable for any improper disclosure or use of Audit Information by Customer or its agents. 


19.4. Subprocessors. 

Customer hereby grants Noteflight general authorization to engage subprocessors to assist Noteflight in processing EU Personal Data as set out in this Section 19. Noteflight shall enter into contractual arrangements with such subprocessors requiring the same level of data protection compliance and information security as that provided for herein. Customer hereby consents to the processing of EU Personal Data by, and the disclosure and transfer of EU Personal Data to, the subprocessors listed on Exhibit B to these Terms of Use. Noteflight shall inform Customer of any intended changes concerning the addition or replacement of subprocessors at least ten (10) calendar days before the new subprocessor processes EU Personal Data. Customer may object to such changes in writing within five (5) calendar days of such notice, provided that such objection is based on reasonable grounds relating to data protection (an “Objection”). In the event of an Objection, the parties will discuss such concerns in good faith with the intention of achieving a resolution. If the parties are not able to achieve a resolution as described in the previous sentence, Customer, as its sole and exclusive remedy, may terminate Noteflight’s provision of the Service for convenience, on the condition that Customer provides written notice to Noteflight within five (5) calendar days of being informed of the engagement of the subprocessor. Customer shall not be entitled to any refund of fees paid prior to the date of any termination pursuant to this Section 19.4. 


19.5. Customer Obligations. 

Customer agrees that (i) it shall comply with its obligations as a controller under the GDPR in respect of its processing of EU Personal Data and any processing instructions it issues to Noteflight as referred to in Section 19.3(a); (ii) it has provided notice and obtained all consents and rights required by the Data Protection Laws for Noteflight to process EU Personal Data pursuant to these Terms of Use; and (iii) the processing of EU Personal Data by Noteflight upon the documented instructions of Customer under Section 19.3(a) shall have a lawful basis of processing pursuant to Article 6 of the GDPR. If Customer is a processor, Customer represents and warrants to Noteflight that Customer’s instructions and actions with respect to EU Personal Data, including its appointment of Noteflight as another processor, have been duly authorized by the relevant controller. Customer shall indemnify, defend and hold Noteflight harmless against any claims, actions, proceedings, expenses, damages and liabilities (including without limitation any governmental investigations, complaints and actions) and reasonable attorneys’ fees arising out of Customer’s violation of this Section 19.5. Notwithstanding anything to the contrary in the Agreement, Customer’s indemnification obligations under this Section 5 shall not be subject to any limitations of liability set forth in the Agreement. 


19.6. Data Transfer. 

Customer hereby consents to the transfer of EU Personal Data to, and the processing of EU Personal Data in, the United States of America. The parties hereby enter into the Standard Contractual Clauses for Processors, as approved by the European Commission under Decision 2010/87/EU, attached hereto as Exhibit C (the “SCCs”) to these Terms of Use and made a part of this Section 19 in their entirety. 


Exhibit A 

Subject Matter, Nature, Purpose and Duration of the Processing 


1. Type of EU Personal Data: 


Noteflight Learn Administrator: Email address, username and password, school name and address, phone, and, optionally first and last name, composer level, performer level, teacher/student role, instrument. 


Noteflight Learn Student and Teacher accounts: Username and password. 


2. Categories of Data Subject: 


Students, teachers and other employees of Customer. One employee of Customer will be designated the “Noteflight Learn Administrator” 


3. Purposes for which EU Personal Data is Processed: 


The provision of the Service by Noteflight to Customer. 


4 Nature of the Processing: 


The EU Personal Data will be subject to basic processing, including but not limited to collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction for the purpose of providing the Service by Noteflight to Customer. 


Exhibit B 

Subprocessors 

  1. Amazon Web Services 
  2. Recurly 
  3. Zoho CRM 
  4. MailChimp 
  5. Zapier 
  6. Facebook 
  7. Google AdWords 
  8. Bing Ads 


Exhibit C 

STANDARD CONTRACTUAL CLAUSES (PROCESSORS) 


For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Noteflight (the ‘data exporter’) And Customer (the ‘data importer’) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1. 


Clause 1 

Definitions 


For the purposes of the Clauses: 


 (a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ;   (b) ‘the data exporter’ means the controller who transfers the personal data; 

 (c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC; 

 (d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract; 

 (e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established; 

 (f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. 


Clause 2 

Details of the transfer 


 The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses. 


Clause 3 

Third-party beneficiary clause 


1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.


2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. 


3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses. 


4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law. 

 

Clause 4 

Obligations of the data exporter 


The data exporter agrees and warrants: 

 (a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State; 

 (b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses; 

 (c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract; 

 (d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation; 

 (e) that it will ensure compliance with the security measures; 

 (f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC; 

 (g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension; 

 (h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information; 

 (i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and 

 (j) that it will ensure compliance with Clause 4(a) to (i). 


Clause 5 

Obligations of the data importer* 


The data importer agrees and warrants: 


 (a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; 

 (b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract; 

 (c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred; 

 (d) that it will promptly notify the data exporter about: any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation; any accidental or unauthorised access; and any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so; 

 (e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred; 

 (f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority; 

 (g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter; 

 (h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent; 

 (i) that the processing services by the sub-processor will be carried out in accordance with Clause 11; 

 (j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter. 

--------------------

*Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.


Clause 6 

Liability 


1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered. 


2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities. 


3. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses. 


Clause 7 

Mediation and jurisdiction


1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject: (a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority; (b) to refer the dispute to the courts in the Member State in which the data exporter is established. 


2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law. 


Clause 8 

Cooperation with supervisory authorities 


1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law. 

2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.

3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b). 


Clause 9 

Governing law  


The Clauses shall be governed by the law of the Member State in which the data exporter is established. 


Clause 10 

Variation of the contract 


The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause. 


Clause 11 

Sub-processing 


1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement. 


2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses. 


3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. 


4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority. 


Clause 12 

Obligation after the termination of personal data-processing services 


1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore. 


The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1. 


Appendix 1 

to the Standard Contractual Clauses 


This Appendix forms part of the Clauses and must be completed and signed by the parties. The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.


Data exporter 

The data exporter is (please specify briefly your activities relevant to the transfer): Recipient of the Service provided by data importer 


Data importer 

The data importer is (please specify briefly activities relevant to the transfer): Provider of the Service to data exporter 


Data subjects 

The personal data transferred concern the following categories of data subjects (please specify): Students, teachers and other employees of data exporter. At least one employee of data exporter will be designated the “Noteflight Learn Administrator” 


Categories of data 

The personal data transferred concern the following categories of data (please specify): Noteflight Learn Administrator: Email address, username and password, school name and address, phone, and, optionally first and last name, composer level, performer level, teacher/student role, instrument. Noteflight Learn Students and Teachers who are not Noteflight Learn Administrators: Username and password. 


Special categories of data (if appropriate) 

The personal data transferred concern the following special categories of data (please specify): None presently contemplated 


Processing operations
The personal data transferred will be subject to the following basic processing activities (please specify): The personal data will be subject to basic processing, including but not limited to collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction for the purpose of providing the Service by the data importer to data exporter. 

 

Appendix 2 

to the Standard Contractual Clauses 


This Appendix forms part of the Clauses and must be completed and signed by the parties. 


Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached): Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the data importer has implemented appropriate technical and organizational measures intended to ensure a level of security appropriate to the risk.

Terms of Use

Updated 05/25/2018