DATA PROCESSING AGREEMENT
The administrator of the EarMaster Cloud school account
(the "Data Controller")
having its registered office at: Egaa Havvej 21, 1., 8250 Egaa, Denmark
(the "Data Processor")
Under the terms of the General Data Protection Regulations (2016), EarMaster ApS named above is identified as a processor of personal data (Data Processor). The administrator of the EarMaster Cloud account is identified as the Data Controller.
The Data Processor is using the company Google Inc. and its service Google Cloud as a Data Sub-Processor.
This agreement is to ensure the protection and security of data passed from the Data Controller (the administrator of the EarMaster Cloud account) to the Data Processor. This agreement exists to ensure sufficient guarantees are in place to qualify that data-processing carried out on behalf of the administrator of the EarMaster Cloud account complies with the data protection obligations of the data controller as set out in Article 5(2) of GDPR that states:
“the controller shall be responsible for, and be able to demonstrate, compliance with the principles.”
Data processed by EarMaster ApS on behalf of the administrator of the EarMaster Cloud account should only be used for the purposes specified by the Data Processor and authorized by the Data Controller. Upon termination of this data-processing agreement, all data files held by EarMaster ApS shall be destroyed in a confidential and secure manner or returned to the administrator of the EarMaster Cloud account.
This agreement draws attention to the General Data Protection Regulations (2016) and the key principles which state that data must be:
a) processed lawfully, fairly and in a transparent manner in relation to individuals; b) 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 not be considered to be incompatible with the initial purposes; c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data is erased or rectified without delay; e) 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, and in particular: f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.”
Duties of the Data Processor
Under this agreement, EarMaster ApS should:
• Only use the personal data provided/obtained for purposes as agreed with the administrator of the EarMaster Cloud account as Data Controller.
• Take reasonable steps to ensure the integrity of its employees with access to personal data.
• Ensure employees are aware of the requirements of the GDPR (2016).
• Take reasonable steps to ensure the security of the personal data, protecting it against unauthorized processing, accidental loss, damage or destruction.
• Report to the Data Controller within 1 bank day of any actual or potential/suspected security breaches.
• Not disclose personal data except with the prior written consent from the Data Controller, or unless forced to by law.
At the request of the Data Controller, the EarMaster ApS will immediately:
• Stop processing all or any personal data
• Correct any personal data
• Confirm any disclosures made in relation to personal data and provide copies
In the event of any termination of this agreement, the Data Processor shall:
• Immediately cease processing the personal data
• Promptly destroy or return all copies of the personal data unless it is
prevented by law or any regulatory authority from destroying or returning all or part of such data, in which case it shall keep such data confidential and shall not process it further.
Intellectual Property Rights
The Data Processor is and shall remain the owner of any materials used or made available
in the context of the delivery of the Services.
The Data Processor grants to the Data Controller a limited, personal, non-exclusive, non-
transferable right to use any material provided in the context of the delivery of the Services.
This license is coterminous with the Agreement.
The laws of Denmark shall apply to this Agreement. The Courts of Aarhus (Denmark) shall have exclusive jurisdiction with respect to all disputes arising out of or in connection with this Agreement.
Attempts to solve disputes informally shall not prevent the Parties from submitting such disputes to the Courts.
Thank you for your order
An e-mail confirmation with instructions and details about the product you ordered has now been sent to you.
If you can't find the e-mail in question, please make sure to check you spam folder.
Please notice that upgrade orders are processed manually within our office hours, which means that serial numbers are not delivered instantly.
Notice that e-mails are answered between Monday and Friday, 9am-5pm GMT+1 (Copenhagen/Paris/Madrid timezone)
MUSIC THEORY & EAR TRAINING SOFTWARE
EDUCATIONAL LICENSES FOR MUSIC SCHOOLS & CHOIRS
MUSICAL INSTRUMENT LEARNING SOFTWARE
MUSIC NOTATION SOFTWARE
Your EarMaster Cloud account isn't active anymore
Dear EarMaster Cloud user.
If you want to keep on using EarMaster on a private basis, you can buy your own EarMaster license and continue improving your musical skills! You can purchase EarMaster from a local dealer or from the EarMaster online store.
Terms and conditions of the EarMaster online shop
Shipping and delivery
Download versions are delivered automatically by e-mail upon completion of the transaction.
Box versions are usually shipped within 1-3 bank days upon completion of the transaction.
Delivery to countries within Europe usually takes 3-7 days.
Delivery to countries outside of Europe usually takes 7 to 21 days.
The shipping expenses are paid by the customer and equal the sum indicated in the order form. The shipping cost is a flat fee with only two levels: inside Europe and outside Europe.
The customer is free to use one of the following transaction methods:
- Credit Card (Visa, Visa Electron, Maestro, Mastercard, JBS) on the secure server of our payment processor.
- PayPal: Payments processed on PayPal's secure server.
Read more about PayPal's secure payment system here.
- Checks: Checks in your own currency. May involve an extra fee to cover processing expenses, as shown in the order confirmation.
- Wire transfer: Transfer of the sum displayed in the order confirmation, from the customer's bank account to EarMaster ApS's bank account. May involve an extra fee to cover processing expenses. Notice that EarMaster ApS being a Danish company, wire transfers are made to our bank account in Denmark, which may involve additional fees from your bank.
- Western Union: Payment of the sum displayed in the order confirmation at a Western Union agent.
- Net Credit: For accredited institutions and companies only, with a minimum order amount of €200 or US$300.
Guarantee and Return policy
As the software is free to try and available from EarMaster ApS's Website (www.earmaster.com), no return or guarantee is provided other than to eventually replace physical elements of the program such as the physical CD-Rom, in case they are damaged upon reception. All complaints and refund inquiries regarding computer compatibility issues are not receivable, as the program is made available online for evaluation purposes, free of charge. If you wish to try EarMaster before buying it, please download a trial version of EarMaster at www.earmaster.com/download/.
Orders can only be cancelled if EarMaster ApS receives a notification from the customer before delivery of the license key(s) which are specifically created for the ordered software, as specified by the Danish regulation in Forbrugeraftaleloven, §18, Stk. 4.
Notice: License keys for download editions are delivered immediately upon completion of the transaction. Cancellation is therefore only possible for Boxed editions, and only before the order has been completed.
EarMaster customers are entitled to free and unlimited e-mail support. Support requests are ALL answered within 24 hours during our working hours: Monday to Friday, 9am-5pm (GMT+1 - Copenhagen/Paris/Madrid time)