1. THE COLLECTED DATA AND ITS USE
The collection of your personal data
We collect various personal data from our service system customers, and the unregistered customers of our webstore, as well as other unregistered users of our website.
We collect customer data from our service system customers, and the unregistered customers of our webstore, such as:
• First and last name
• Contact details
• Other optional information from our service system customers, such as information about the space and location where the product, service and systems would be possibly installed
In addition, we collect other customer data from our service system customers and the unregistered customers of our webstore, such as:
• From our service system customers: the starting time of the customer relationship, as well as direct marketing consents and bans
• From our service system customers: information relating to offers and other communication, such as benefits, services and campaigns we have offered
• Information relating to purchases and claims
We collect identification data relating to the use of our services, such as usernames, solely from our service system customers.
When contacting our customer service by email, telephone or contact form, we may process the following personal data:
• First and last name
• Contact details
• IP address
• Business ID/VAT number
• Communication between you and the customer service
• Other information you have disclosed in the reference
We also collect technical data from all the users of our website, such as:
• IP address
• Operating system and device
• The products searched for on our website, page history of our website and other possible analytics data
If you visit our website without logging in to your customer account, the technical data collected from you cannot be linked to you. The technical data may, however, be linked to your IP address, whereupon the data is considered to be personal data.
We collect the majority of the customer data, when you become a service system customer, when you buy products in our webstore.
In order for your information to be up to date, we may update your personal data by exploiting public registers, updating services, or the information relating to your orders.
The legitimate grounds and purposes for the processing of your personal data
We process your personal data to pursue our legitimate interest to run our business operations, improve your customer or visitor experience and conduct direct marketing. We do not, however, use your personal data for direct marketing purposes without your consent.
We process your personal data in order to fulfill the contractual obligations based on the customer relationship, when you become a service system customer by buying products in our webstore.
We process your personal data for the following purposes:
• In order to maintain the customer relationship, such as in order to inform you about our web services, products and customer service system program
• In order to handle payment transactions
• In order to target marketing
• In order to develop the quality of our web services by analysing, for instance, the products you have viewed and purchased, the feedback you have provided, and the sections you have visited
2. THE STORAGE OF YOUR DATA
The storage and transfer of your data
We transfer personal data relating to the customer service system within the Kelosound group in order to identify our service system customers. The data from our customer service system can be seen by employees working for Kelosound Oy, and authorised subcontractors, who are all bound by professional secrecy. As a consequence, Kelosound Oy’s affiliates outside can get access to the customer service system information. The access is, however, limited to the purpose of identifying the service system customer. In addition, Kelosound Oy may disclose information relating to the service system customers (such as name, email, other contact details and company name) to advertising network service providers in order to conduct targeted marketing. The recipient of the personal data is in that case Kelosound Oy’s authorized service provider, which processes the personal data transferred by Kelosound Oy in order to offer marketing services to Kelosound Oy. Our advertising network service providers may store the data outside of the EU/EEA. If personal data is transferred outside the EU/EEA, we will ensure that appropriate contractual measures (e.g. using standard contractual clauses of the EU Commission) are applied to the transfer, the transfer is lawful, and that the processing and confidentiality are in compliance with the applicable laws.
Kelosound Oy does not transfer your personal data outside of our organization apart from the following situations:
• You have given your consent to the transfer
• The transfer is based on law
• The personal data is transferred to an authorized service provider of Kelosound Oy, and the terms of the processing of personal data have been agreed upon with the service provider
The erasure of your data
We process some of the personal data relating to your service system customer relationship solely based on the contractual relationship. We delete such data as soon as possible when you no longer are our service system customer. We store the personal data relating to your purchases and claims as long as it is necessary, for instance for defending legal claims, or for complying with bookkeeping and legal obligations.
The analytics data of our website is stored for 26 months. An example of analytics data is the products you have searched for on our website.
You may, at any time, unsubscribe from our mailing list and prohibit us from sending you electronic direct marketing.
3. YOUR RIGHTS
Your right to receive your data
You have the right to know which data relating to you is processed by Kelosound Oy. The data will be given for free once a year if requested by sending email to firstname.lastname@example.org.
In addition, you may require us to provide you with a report regarding the following matters:
• Why is your data processed
• Who we have disclosed your data to, or who we plan to disclose your data to
• How long we store your data
If it is not possible to communicate the accurate storage time, we will inform you about the criteria for defining the storage time. Such criteria may be based for instance on a certain law or industry-specific instructions.
Your right to rectify your data
If the data relating to you is incorrect you have the right to require the rectification of such data.
You may ask us to rectify your data by contacting our customer service, the contact details of which are set forth in section 4 of this privacy statement. If you are registered as our service system customer and have activated your user account, you may modify the information relating to you by logging in to your customer account on our website.
Your right to require the erasure of your data
You have the right to ask us to erase your data. You may ask us to erase your data by contacting our customer service, the contact details of which are set forth in section 4 of this privacy statement. If you ask us to erase your personal data, we aim at erasing all data relating to you as soon as possible.
We will store your data despite your erasure request only if there is a legitimate ground to store the data, such as a legal obligation.
Erasing your data may also mean that the service/product you have ordered will not function any longer. Data erasing may result in a non-functioning service/product. The service/product requires at least an email address, the name of the customer, and a password in order to function.
If the service/product is being transferred or sold to another person, we will maintain the previous customer’s data in our system. The previous customer can ask us to delete the data when transferring or selling the service/product to another person.
The right to object and limitation of processing
You have the right to object to the processing of your data, or profiling, when your data is used for direct marketing. You have the right to require the limitation of processing of your personal data, for instance when the data relating to you is incorrect.
In addition you have, in certain special circumstances, the right to object to the processing of your personal data based on your particular situation.
You may invoke your objection and limitation rights by contacting our customer service, the contact details of which are set forth in section 4 of this privacy statement.
Your right to lodge a complaint
You have the right to lodge a complaint with a competent national supervisory authority, if you find the personal data processing activities of Kelosound Oy to be non-compliant with data protection legislation.
4. CONTACT DETAILS
Controller: Kelosound Oy, Business ID:FI28045139
If you have a request, notification, or you have something else to ask regarding the processing of personal data, you may contact our customer service in the following ways:
• By sending an email to the address email@example.com
• By calling the number +358 50 596 9078 (local network charge/mobile call charge or international call charge), on business days from 9 am to 5 pm
– Play and listen to the sounds in any space or event.
You May Not:
– Redistribute the sounds in any form.
– Copy or transmit the sounds and available content in any medium or format.
– Remix or transform the sounds in any way.
Kelosound License – Full Legal Document
Any use of the content and material other than as authorised under this License or Finnish Copyright Law is prohibited.
The Licensor grants the Licensee (“You”) a worldwide, royalty-free, non-exclusive, perpetual license to exercise the rights that are contained herein, in consideration of Your acceptance of these License Terms and Conditions and Kelosound Oy’s Terms and Conditions.
- “Basic Sound License” means the sounds in the starting package, which will come together with the product.
- “Special Sound License” will be granted for sounds case by case. These sounds can be customised or special sounds.
- “Temporary Sound License” means a sound or sound package, which can be ordered from the sound library.
- “We” or “Licensor” means Kelosound Oy.
- “Service” means the service and mobile application, which will come together with the product. The Service includes all the content.
- “Content” means the copyrightable material of authorship offered under the terms of this License (including the sounds, soundscapes, audio loops, parts of sound, images, photos, texts, poems and other materials).
- “You” or “Licensee” means the end user (either an individual or entity) exercising rights under this License.
2. Fair Use Rights
Nothing in this License is intended to reduce, limit, or restrict any rights arising from fair use, or on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant
Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non-exclusive, revocable, perpetual (for the duration of the applicable copyright) license to exercise the rights of the Service as stated below.
You may play and listen to the sounds according to the following sound licenses:
i. Basic Sound License
The Basic Sound License, which will come with the sounds attached to the starting sound package of the product, guarantees the right to listen to the sounds for as long as the product functions properly. The length of the Basic Sound License is dependent of the age and operability of the product. The starting package sounds are granted for the use of the Licensee when purchasing the product. The License is applied only to the starting sound package chosen by the Licensee. The Licensee can only have one Basic Sound License.
With the Basic Sound License, the Licensee can listen to the sounds within the Service from the product with no time limitations, as many times and as long as the Licensee wants, in any place.
ii. Special Sound License
With the Special Sound License, sounds will be granted for the use of the Licensee for a certain period of time, or as long as the product functions properly. The Special Sound License is only granted in special cases. With this License, the Licensee will be given a special or customised sound(s) to use. The rights to the Special Sound License are granted case by case.
With the Special Sound License, the Licensee can listen to the sounds within the Service from the product according to the limitations determined by the Licensor, and for as long as agreed upon, in any place. The pricing of the Special Sound License will be determined by the Licensor.
iii. Temporary Sound License
The Licensee has the possibility to buy more sounds with a Temporary Sound License. The orders of the sounds are made within the mobile application’s sound library by ordering the sounds for use with an open-ended agreement using a monthly payment. The sounds are valid and in use for listening until the Licensee terminates the sound order. The order period will automatically continue as a monthly one. If the sound period is terminated, meaning that the Licensee wants to end the usage of the sound, the sound will disappear from use after the last paid month, and before the start of the new monthly payment.
The Temporary Sound License is valid during the chosen order period, and after it ends with termination, the sound will disappear after the paid month. If the Licensee wants to listen to the same sound again after termination, the sound requires a new order from the sound library, and when done so, the Temporary Sound License will be valid again. The Temporary Sound License is always valid, when one or more sounds have been bought.
During the bought order period, with the Temporary Sound License, the Licensee can listen to the sounds within the Service from the product with no other limitations, as many times, in any place as the Licensee wants, and as long as the Licence is valid and the Licensee pays for the sounds as a monthly payment.
Please note the following license restrictions regarding our content.
You may not:
- Resell, rent, sublicense, lend, transmit, and/or distribute or re-distribute the sounds ‘as they are’, or as altered in any context; this includes no rights to re-sell the sounds on CDs, torrents, or any other online distribution.
- Use any sound, audio loop, or part of sound to create expansion packs to distribute them through any mobile applications, plugins, or similar products. This includes no rights to put our sounds and available content on any CD(s), websites, and/or digital platforms of any kind (either for a fee or for sale).
- Use any sound, audio loop, or part of sound for any trademark uses. This includes attempting to or actually registering any sound, audio loop, or part of sound as a trademark. You may also not use them in film or ringtone.
- Copy or re-record the sounds from the KELOSOUND® and SAUNASOUND® products.
- Reverse engineer, decompile or disassemble the firmware of Kelosound Oy, except and to the extent that applicable law permits, despite this limitation.
The License granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may listen, use the sounds playing from the product in any space and publicly display, publicly perform any Content from the product only under the terms of this License. You may not offer or impose any terms on the Content that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder. You may not sublicense the Content. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Content with any technological measures that control access or use of the Content in a manner inconsistent with the terms of this License.
In no circumstances whatsoever, may You copy all or any part of the Content in Kelosound Oy’s website or Service with the purpose of redistributing them.
5. Representations, Warranties and Disclaimer
Unless otherwise mutually agreed to by the parties in writing, the Licensor offers the Service as is, and makes no representations or warranties of any kind concerning the Service, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.
6. Limitation on Liability
Except to the extent required by applicable law, in no event will the Licensor be liable to You on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this License or the use of the Service, even if the Licensor has been advised of the possibility of such damages.
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Sections 1, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the License granted here is perpetual (for the duration of the applicable copyright in the Service). Notwithstanding the above, the Licensor reserves the right to release the Service under different license terms or to stop distributing the Service at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.