Privacy Statement

1. To the extent that the customer and/or its employees process personal data using the website, application, or data of Innovationsoft, the customer is the data controller within the meaning of the General Data Protection Regulation ('GDPR'). The customer hereby warrants to Innovationsoft and its suppliers that the data subjects involved in the processing of personal data within the meaning of the GDPR have given their consent for the intended processing of personal data, or that they can otherwise be lawfully processed as determined in Articles 6 and/or 9 of the GDPR. By entering into the agreement, Innovationsoft is deemed to have been instructed to carry out those data processing activities that are reasonably necessary for the proper performance of the agreement. Otherwise, Innovationsoft will process personal data solely in accordance with the instructions of the customer.

2. By entering into the agreement, Innovationsoft employees as well as affiliated third parties involved in the performance of the agreement are authorized to process personal data on behalf of Innovationsoft. In this context, Innovationsoft will ensure appropriate confidentiality agreements with these employees and affiliated third parties.

3. In accordance with Article 23(1), Innovationsoft, as a processor, will comply with the obligations arising from the relevant laws and regulations, including the General Data Protection Regulation. In particular, it will ensure the implementation of reasonable technical, organizational, and legal measures to protect personal data. Innovationsoft will provide the customer or any data subjects who approach it with an explanation of these measures upon first request. Innovationsoft will also provide all reasonable assistance to enable the customer to fulfill its obligations towards data subjects under the GDPR.

4. In the event of an unforeseen personal data breach ('data leak') within the meaning of the GDPR, Innovationsoft will provide all reasonable assistance to enable the customer to comply with its notification obligation. The customer will, in turn, provide all reasonable assistance to Innovationsoft to limit or remedy the consequences of a data breach and to prevent future data breaches. In this context, Innovationsoft may, in any case, require the customer to cooperate in an immediate password reset, the tightening of existing security measures, and the introduction of new security measures.

5. The customer indemnifies Innovationsoft against all third-party claims relating to the agreement between Innovationsoft and the customer and/or the data processed by the customer under the agreement that may be brought against Innovationsoft due to a breach of the GDPR and/or other relevant data protection laws and regulations.