This is the privacy statement applicable to the use of the Pictello application (the “application”), as offered by AssistiveWare B.V. (hereinafter also: “we” or “us”).
We value your privacy and process your personal data (i.e. information relating to an identified or identifiable natural person) in accordance with the General Data Protection Regulation 2016/679 (GDPR) and specific national laws and regulations as may be applicable, such as the Children’s Online Privacy Protection Act of 1998 (“COPPA”). In this privacy statement we will explain which types of personal data we collect, for which purposes and how we protect such data to the best of our abilities.
This privacy statement applies to personal data processed through use of the applications. In some instances we may not be considered the ‘controller’, but merely ‘processor’ of the personal data. This for example applies in the context of educational use of the applications by schools and universities.
Identity and contact
1016 PL Amsterdam
Types of personal data and processing purposes
The application does not communicate any personal information to AssistiveWare or other third parties, except when the functionality to share a story using the Pictello Sharing Server is used.
Stories shared with other users using the Pictello Sharing Server are stored on AssistiveWare's servers in Europe. AssistiveWare will not disclose the contents of the stories shared. Only the people that receive a story code from the person that uploaded the story can download the story. AssistiveWare may perform anonymous analysis on the stories shared in order to improve the application.
The application allows the user to store a backup of the user’s vocabulary on a third party cloud storage, such as iCloud, Dropbox or Google Drive. AssistiveWare has no access to these storages, and the responsibility to keep the data secure remains under full control of the user.
Anonymous data collection
In order to improve the application we collect data on the application usage, including, but not limited to, the application version, device information, application settings and application usage statistics. This data is not linked to the person using the product, nor can it be used to disclose the identity of the user. Under no circumstances will AssistiveWare collect conversation transcripts.
After explicit consent the application may share more than basic app usage information with AssistiveWare. This data will not contain any conversations, and is processed strictly anonymous. The data is used to improve our products, and may be used for research and publication. A description of the data collected can be found at Anonymous data collection in AssistiveWare apps.
When you create a support request, we collect the personal data you provide, such as name, email address and potentially other (contact) details you voluntarily provide to us. This information will be used to contact you and/or follow up on a support request.
The legal basis for processing these types of personal data can be found in the execution of our agreement with you regarding the use of the applications.
AssistiveWare recognizes the importance of protecting the privacy of minors. Because our applications are intended for people in need of augmentative and alternative communication, in many cases this includes minors. Our applications have been setup by default in such a way that:
- We let the device administrator or team admin control the collection and use of the user generated data of the minor via the AssistiveWare applications, in particular by making them responsible for providing the various types of data, and for selecting the individuals with whom such user (generated) data may be shared or not;
- We limit the collection and processing of personal data of minors as much as possible, in any event no more than is necessary to make reasonable use of the minimum features in the applications;
- In the event our applications are being used by schools and/or universities, we shall only act as ‘processor’ and adhere to the instructions of the school and/or university.
Personal data we share with third parties
We will never sell your personal data to third parties, nor will we use or share your personal data for third party advertising, -profiling or -marketing purposes. Your personal data will only be shared with third parties in the following circumstances:
- where we engage external suppliers, service / hosting providers, support members or advisors for the benefit of our service performance ("(sub-)processors");
- (government) authorities or organizations to whom we must disclose certain personal data on the basis of a legal obligation.
Where applicable, we have concluded data processing agreements and/or confidentiality agreements with service providers or third parties involved in connection with the use of the applications, wherein we only permit them to process personal data subject to and in accordance with specific instructions.
The personal data will be collected and processed through servers located in the European Economic Area (EEA) and in the United States of America (USA). In the event personal data under the responsibility of AssistiveWare as the ‘controller’, is being transferred to countries or third parties outside the EEA, we will take into account the statutory requirements in relation thereto. This may for example include the existence of EU standard contractual clauses.
Protection and retention of personal data
We have taken adequate technical and organizational measures to protect your personal data against loss and the unauthorized access or misuse thereof. Amongst others we use encryption and SSL for security. We also have two-factor authentication (2FA) where applicable, access management, and we have internal guidelines for our personnel regarding the use and processing of personal data and what to do in the event of a data breach.
We retain your personal data no longer than is necessary for the purpose for which we have collected the personal data, or in correspondence with an applicable statutory retention term. You may at all times request the removal of your personal data. We will respond to such request within the statutory timeframe.
You have the right to request access to or the amendment, deletion or data transfer of your personal data. You may also submit a request to restrict or object to certain data processing. You furthermore have the right to withdraw any previously provided consent.
You may direct any requests or complaints regarding the processing of your personal data to us via the contact details as provided in this privacy statement. We will respond to such requests within the applicable statutory timeframes. For completeness, we also note that you have the right to submit a complaint with the relevant data protection authority in your country of residence.
We reserve the right to unilaterally amend this privacy statement to ensure compliance with the GDPR and/or other applicable data protection laws. It is recommended that you consult this privacy statement on a regular basis in order to be aware of any potential changes. If we make material changes to how we process your personal data, we will send you a notification thereof. Your continued use of the application(s) after changes to the privacy statement will deemed to be your acceptance of such changes.
This privacy statement was last updated in October 2023.