PRIVACY POLICY, COOKIE POLICY, GDPR & DPA

NOVA (“NOVA” or “we” and its derivatives) is committed to safeguarding your privacy.

This Privacy and Cookie Policy (the “Policy”) describes our policies and procedures regarding the collection, use and disclosure of information we obtain through the website nova-nye.lu hosted by NOVA (“NOVA Sites”) and any other online or mobile services we may provide (all the above, collectively, the “NOVA Service”).

To use the NOVA Service, you agree the NOVA Terms of Service and Privacy Policy below.

1. DEFINITIONS

Capitalized terms used in this section will have the meaning set forth below.

A “Direct User” is an individual who has registered via the Google Form with NOVA.
An “End User” is an individual who visits the NOVA site nova-nye.lu but who has not registered with NOVA.

Except where specified below, this Policy applies equally to both Direct and End Users.

“Anonymous Data” is data that is not associated with or linked to Personal Data and that does not permit the identification of individual persons, either alone or when combined with any other information available to a third party. NOVA collects Personal Data and Anonymous Data, as described below.
“Data Controller” has the meaning given to it under the GDPR.
“Data Processor” has the meaning given to it under the GDPR.
“Data Subject” has the meaning given to it under the GDPR.
“Personal Data” has the meaning given to it under the GDPR. Personal Data includes information which, either alone or in combination with other information NOVA holds about you, identifies you as an individual, including, for example, your name, postal address, email address and telephone number.
“Processing” has the meaning given to it under the GDPR.
“Processor Security Obligations” will mean Article 32 of the GDPR.
“Supervisory Authority” has the meaning given to it under the GDPR.
“Data Breach” means any security breach, or any similar or equivalent comprise which leads to the unintended, accidental, unauthorised or unlawful loss, disclosure of, or access to Personal Data by any Processor.
“Data Protection Laws” means any data protection, privacy or similar laws or regulations anywhere in the world relating to the processing or other use of personal data, including the GDPR, that apply in relation to any Personal Data processed in connection with this Agreement.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and to the extent the GDPR is no longer applicable in the United Kingdom, any implementing legislation or legislation having equivalent effect in the United Kingdom.
“Licensee Personal Data” means Personal Data that is processed by NOVA or any NOVA employees, agents or personnel in performing its obligations under this Agreement or which is otherwise made available directly or indirectly to NOVA or its employees, agents or personnel by Licensee.

2. PARTICULARLY IMPORTANT INFORMATION

NOVA is the data controller of your Personal Data for the purpose of applicable data protection legislation.

CHANGES TO THIS POLICY: We will post any modifications or changes to the Policy on the NOVA Platform. We reserve the right to modify the Policy at any time. If we make any material change(s) to the Policy, we will notify you via email or post a notice on our Site prior to such change(s) taking effect. NOVA will never make changes to the Policy that violate any applicable privacy laws. For any material changes to the Policy, we will notify Direct Users via email or by placing a prominent notice on the homepage of our website.

3. PURPOSES OF PROCESSING

We collect information about you in a range of forms, including Personal Data. We will only process your Personal Data in accordance with applicable data protection and privacy laws. We need certain Personal Data in order to provide you with access to the NOVA Service.

If you created an account with us, you will have been asked to click “I agree” to agree to provide this information in order to access our services. This consent provides us with the legal basis we require under applicable law to process your data. You may withdraw such consent at any time. If you do not agree to our use of your Personal Data in line with this Policy, please do not use the NOVA Service.

NOVA will comply with its obligations under applicable Data Protection Laws. NOVA will ensure that all NOVA employees, subcontractors and other personnel will comply with obligations that are equivalent to the obligations imposed on NOVA under this section to the extent that such NOVA employees, subcontractors and personnel carry out any processing of Licensee Personal Data under or in connection with this Agreement.

4. HOW WE COLLECT YOUR INFORMATION

Information You Provide: We collect Personal Data from Direct Users when they register to use the NOVA Service, publish content on the NOVA Service, or communicate with us, make purchases through the NOVA Service, or provide us with feedback about the NOVA Service.We may also collect Personal Data at other points in the NOVA Service when clearly identified

To sign up on NOVA, Direct Users need to provide an email address and mobile phone number. Direct Users may provide other optional information, such as social media profile links or other personal information.

We do not collect or use End User Personal Data, except to provide customer support, respond to direct requests, or as automatically collected through technical means as set forth below.
Information Collected via Technology: The servers used by NOVA (either our own servers or servers that may be hosted by a third party service provider) collect information from you that enable us to make the NOVA Service more useful to you. Information may include your browser type, operating system, Internet Protocol (“IP”), and/or a date stamp and/or time stamp for your visit. Certain information will be gathered automatically and stored in log files. This information may include browser type, browsers, operating systems, IP addresses, Internet service provider (“ISP”), referring pages, exit pages, date stamps, time stamps, data typed into the site, and clickstream data.

We use this information to analyse trends, administer the NOVA Service, track users’ movements around the NOVA Service, gather demographic information about our user base as a whole, and better tailor the NOVA Service to our users’ needs. For instance, certain information may be collected in order to recognize you and remember your preferences automatically when revisiting NOVA Sites. Except as noted in this Policy, we do not link this automatically-collected data to Personal Data.
Mobile Device: We may also collect non-Personal Data from your mobile device if you access the NOVA Service from your mobile device. Examples include your geographic location and information about the type of device you use. In addition, if the NOVA Service crashes on your mobile device, we may receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of the service. This information is sent to us as aggregated information and cannot be used to identify an individual.

Other companies may set their own Cookies or similar tools when you use the NOVA Service. This includes third party analytics services, such as Google Analytics (“Analytics Services”) that we use to help us analyse how users use the NOVA Service in order to improve the NOVA Service. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. The information generated by the Cookies or other technologies about your use of the service (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using the NOVA Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

Please see the subprocessors section for a full list of Analytics Services.
SNS: Direct Users may use various social media site (“SNS”) credentials to log into the NOVA Service.

In such case, we collect Personal Data from the social media website in question. For instance, when you log in with your Twitter credentials, we may collect the Personal Data you have made publicly available in Twitter, such as your email address, name, and profile picture or logo. You agree that you are solely responsible for your use of an SNS and that it is your responsibility to review the terms of use and privacy policy of such SNS. Any information that we collect from an SNS account will depend on the privacy settings you have with that SNS, so please consult the SNS’ privacy and data practices. We will not be responsible or liable for: (a) the availability or accuracy of such SNS; (b) the content, products or services on or availability of such SNS; or (c) your use of any such SNS.
Cookies: We use cookies and similar technologies to collect information

As described in our Cookie Policy, we use cookies and similar technologies, including mobile application identifiers, to help us recognize you across different Services, learn about your interests both on and off our Services, improve your experience, increase security, measure use and effectiveness of our Services, and serve advertising. You can control cookies through your browser settings and other tools. By visiting our Services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this Privacy Policy, which incorporates by reference our Cookie Policy.

We use various third party analytics services for this purpose. Some of these third party services use their own cookies. Please refer to their own cookie policies for more information. Please see https://www.nova-nye.lu/privacy-policies for a full list of Analytics Services.
- We use advertising technologies and web beacons to collect information. We target (and measure the performance of) ads to Members, Visitors and others both on and off of our Services through a variety of ad networks and ad exchanges, using the following, whether separately or combined:
- Advertising technologies on and off of our Services, like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms;
- Member-provided profile and contact information and categories;
- Information inferred from a Member‘s profile
- Your use of our Services (for example, your search history, the content you read on our newsfeed or market pages, your clicking on a NOVA ad, etc.) and log files generated;
- NOVA uses the following types of Cookies for the purposes set out below.
- Functionality Cookies are necessary to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services. These Cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences or remembering your login details.
- Essential Cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For instance, they allow you to log in to secure areas of our Services. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
- Analytics and Performance Cookies are used to collect information about traffic to Services and how users use our Services. The information gathered does not identify individual visitors since the information is aggregated and anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services.
- Social Media Cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Instagram, Linkedin, Twitter, or Google+.

Direct Users must accept Cookies in order to access certain features of the NOVA Service. You can remove or reject Cookies via your browser settings. In order to do this, follow the instructions provided by your browser. You can erase or block Cookies from your computer if you wish to do so, but certain parts of the NOVA Service will not work correctly or at all if your browser is set to not to accept Cookies.

Pixels

We may use pixel tags on the NOVA Service to track the actions of users on our Services. Pixel tags are embedded invisibly on webpages and measure the success of our marketing campaigns. We use that data to compile statistics about usage of the NOVA Service so that we can enhance our content. NOVA may use the Facebook Pixel to gather information about your activities on the NOVA Service in order to provide you with tailored NOVA ads.
Other helpful resources: To learn more about advertisers' use of cookies the following links are helpful:

For other browsers, please consult the documentation that your browser manufacturer provides.
- European Interactive Digital Advertising Alliance (EU)
- Internet Advertising Bureau (US)
- Internet Advertising Bureau (EU)
- Network Advertising Initiative
- Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information.
- Google Chrome
- Internet Explorer
- Mozilla Firefox
- Safari (Desktop)
- Safari (Mobile)
- Android Browser
- Opera
- Opera Mobile

5. HOW NOVA USES YOUR INFORMATION

Personal Data: Personal Data you submit to us is used either to deliver the NOVA Service or respond to requests that you make. We use your Personal Data in the following ways:
- identify you as a user of the NOVA Service;
- facilitate the creation and securing of your account;
- process payments you make via the NOVA Service;
- operate, maintain, and provide improved administration of the NOVA Service;
- improve the quality of experience when you interact with the NOVA Service;
- manage your account, including to send you administrative e-mail notifications, such as security or support and maintenance advisories (Direct Users only);
- respond to your comments and inquiries related to employment opportunities or other requests and to provide customer service;
- send newsletters, surveys, offers and other informational or promotional materials related to the NOVA Service and for other marketing purposes of NOVA to Direct Users with your consent
- You may opt-out of receiving such information at any time as mentioned in the various materials.
- NOVA will not, without Licensee’s prior written consent:
- use Licensee Personal Data for NOVA's own purposes; or
- carry out the processing by automatic means of any Licensee Personal Data for the purpose of evaluating matters about an Data Subject that constitutes the sole basis for any decision that significantly affects such Data Subject.

Anonymous Data:

We may create Anonymous Data about both Direct Users and End User by excluding information that makes the data personally identifiable to you. Anonymous Data might include analytics information and information collected by us using cookies. We use this Anonymous Data to analyse request and usage patterns so that we may enhance the content of the NOVA Service. We may use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.

6. HOW NOVA MAY SHARE YOUR INFORMATION

We may share your Personal Data with third parties where you have provided your consent to do so.

We may share your Personal Data with third party service providers (“Subprocessors”) to provide you with the NOVA Service, to conduct quality assurance testing, to facilitate creation of accounts, to provide technical support, to conduct data analysis, to process payments, to provide information technology and related infrastructure provision, customer service, email delivery, and/or to provide other services. These Subprocessors are only permitted to use your Personal Data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your Personal Data.

We use third party payment processor Stripe to process payments made through the NOVA Service. NOVA does not retain any personally identifiable information or any financial information such as credit card numbers in connection with the processing of such payments. All such information is provided directly to Stripe, whose use of your Personal Data is governed by their privacy policy: https://stripe.com/privacy

The NOVA Service or a NOVA Application may enable you to post content to an SNS. If you choose to do this, we will provide information to such SNS. You agree that you are solely responsible for your use of an SNS and that it is your responsibility to review the terms of use and privacy policy of such SNS.

If there is a change in control or sale of all or part of NOVA, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy. We may also disclose your personal information to a third party as part of a sale of the assets of NOVA, a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which we transfers or sells our assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.

NOVA may disclose Licensee Personal Data throughout the world to fulfil the purposes described above. This may include transferring Licensee Personal Data to other countries (including countries located outside the European Economic Area) that have different data protection regimes and which are not deemed to provide an adequate level of protection for Personal Information.

7. THIRD PARTY SITES

The NOVA Service may contain links to third party websites and features. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data to them.

Please see the subprocessors section for a full list of third party services used.

8. COMPLIANCE WITH LEGAL PROCESS AND OTHER DISCLOSURES

We may disclose your personal information if compelled by law, subpoena, or other legal process, or if necessary to enforce our User Agreement.

It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the User Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of NOVA, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand.

NOVA a relevant data protection Supervisory Authority is required by law or regulation to audit the data processing facilities from which NOVA processes Personal Data in order to monitor compliance with Data Protection Requirements, then NOVA will cooperate at Licensee’s expense.

9. DISCLOSURES TO OTHERS AS THE RESULT OF A CHANGE IN CONTROL OR SALE OF NOVA CORPORATION

10. DATA PROCESSING OUTSIDE YOUR COUNTRY

We may process your information outside the country where you live. We may transfer your information and process it outside your country of residence, wherever NOVA, its affiliates and service providers operate.

11. SECURITY OF YOUR INFORMATION

We use reasonable technical and organisational measures to protect Personal Data within our organisation. However, no transmission or storage system can be guaranteed to be entirely secure, and transmission of information via the internet is not completely secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us using the details in the Section entitled “CONTACT INFORMATION.”

By using the NOVA Service or providing Personal Data to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the NOVA Service. If we learn of a breach of Personal Data, we may attempt to notify you electronically by posting a notice on the NOVA Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us using the details in the Section entitled “CONTACT INFORMATION.”

NOVA acknowledges that it must comply with the Processor Security Obligations in respect of Licensee Personal Data. NOVA agrees that it will comply with the following obligations:
take appropriate technical and organizational security measures to safeguard against any unauthorised and unlawful processing of Licensee Personal Data and against any accidental loss or destruction of, or damage to, Personal Data;
only process Licensee Personal Data in accordance with written instructions given by Licensee;
take reasonable steps to ensure the reliability of those NOVA employees, agents or other personnel that have access to Licensee Personal Data; and
ensure that all NOVA employees, agents or other personnel involved in processing Licensee Personal Data have undergone reasonably adequate training in the care and handling of Personal Data.

12. DATA RETENTION

We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this agreement in accordance with applicable legal prescription period. We may retain personal information, for a limited period of time, if requested by law enforcement. Our Customer Service may retain information for as long as is necessary to provide support-related reporting and trend analysis only as well as for purposes of debugging, site stability and the keeping of webservers logs of security. In any case, such data necessary to provide support-related reporting and trend analysis are not kept in a form which permits your identification for longer than 30 days from the closing of your account by creating aggregate data sets that cannot be traced back to individuals.

13. SENSITIVE PERSONAL DATA

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) (“Sensitive Personal Data”) on or through the NOVA Service or otherwise to us. If you send or disclose any Sensitive Personal Data to us when you submit user-generated content to the NOVA Service, you consent to our processing and use of such Sensitive Personal Data in accordance with this policy. If you do not consent to our processing and use of such Sensitive Personal Data, you must not submit such user generated content to our Services.

14. YOUR RIGHTS

Opt-out: You may contact us anytime to opt-out of marketing communications; our collection of Sensitive Personal Data; or any new processing of your Personal Data that we may carry out beyond the original purpose. Please note that your use of some of the NOVA Service may be ineffective upon opt-out.
Access: You may access the information we hold about you at any time via your account page or by contacting us directly.
Amend. You can also contact us to update or correct any inaccuracies in your Personal Data.
Your Personal Data is portable: you to have the flexibility to move your data to other service providers.
Erase and forget: You can request that we erase your data.

If you wish to exercise any of these rights, please contact us using the details in Section entitled “CONTACT INFORMATION” below. In your request, please clearly state (i) what Personal Data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request.

NOVA will comply with any written request by Licensee to:

correct or delete inaccurate Licensee Personal Data;
provide a copy of Licensee Personal Data relating to a Data Subject in the possession or control of NOVA;
provide information about the Processing of Licensee Personal Data including information about the technical and organisational security measures that are used to comply with the Processor Security Obligations or information about how its processing of Licensee Personal Data complies with applicable Data Protection Laws;
within ten (10) days of such request or notice (as applicable) from Licensee, assist and provide the required information in respect of any request or notice, or any anticipated request or notice, by or on behalf of any Data Subject or by a Supervisory Authority in respect of Licensee Personal Data;
delete or return to Licensee the Licensee Personal Data after the end of the provision of the services related to the processing, unless otherwise required by applicable law; and
otherwise provide reasonable assistance to Licensee as necessary to allow Licensee to comply with applicable Data Protection Laws.

15. COMPLAINTS

NOVA will notify Licensee of any complaints received by NOVA from third parties about the processing of Licensee Personal Data. NOVA will not make any admissions, settle or take any action which may be prejudicial to the defence or settlement of any such complaint and will provide to Licensee such reasonable assistance, at Licensee’s cost, as it may require in connection with such complaint. If NOVA acquires, on behalf of and independently from Licensee, any Personal Data from Data Subjects as part of the Services, NOVA will give such individuals a data protection notice describing the intended use of such Personal Data, in a form provided or approved by Licensee. Without prejudice to its other obligations under this Agreement, if NOVA becomes aware of any unauthorised, unlawful or dishonest conduct or activities or any breach of this section (including the occurrence of any Data Breach), NOVA will notify Licensee and provide all relevant information reasonably required by Licensee about such conduct, activities and/or breaches.

If you would like to make a complaint regarding this Policy or our practices in relation to your Personal Data, please contact us at info@nova-nye.lu. We aim to reply to your complaint as soon as possible and within 45 days. If you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

16. COMPLIANCE

17. GENERAL

The Parties acknowledge that: (1) Licensee alone will determine the purposes for which and the manner in which Licensee Personal Data are, or are to be, processed in the performance of this Agreement; (2) Licensee will be the Data Controller in respect of all Licensee Personal Data; (3) NOVA will be the Data Processor in respect of Licensee Personal Data; and (4) NOVA will only process Licensee Personal Data for the limited purpose of performing its obligations under, and during the term of, this Agreement.

18. AUDIT

If a relevant data protection Supervisory Authority is required by law or regulation to audit the data processing facilities from which NOVA processes Personal Data in order to monitor compliance with Data Protection Requirements, then NOVA will cooperate at Licensee’s expense.

19. CHANGES TO THIS POLICY

We will post any modifications or changes to the Policy on the NOVA Platform. We reserve the right to modify the Policy at any time. If we make any material change(s) to the Policy, we will notify you via email or post a notice on our Site prior to such change(s) taking effect. NOVA will never make changes to the Policy that violate any applicable privacy laws. For any material changes to the Policy, we will notify Direct Users via email or by placing a prominent notice on the homepage of our website.

20. CONTACT INFORMATION

You can contact us regarding any question, suggestion or other comment you might have in the context of these terms and policies by using the “Contact us” section of the NOVA Platform or by contacting us by writing at: info@nova-nye.lu.