Privacy statement of beatrising.com

 

 

I. Controller, Data protection officer, Scope

Beatrising (hereinafter also referred to as “Provider”) is the controller (“Controller”) in accordance with relevant data protection regulations. Please find further contact details in the imprint section of the Website www.beatrising.com (“Website”).

The protection of personal data has the highest priority for us. We would therefore like to inform you about which data we collect, when we collect it and how we process your personal data. This privacy statement describes the collection and processing of personal data via the Website.

The Provider acts as a distributer of digital music online and of traditional music supports, such as vinyls, on and offline. In order to carry out its tasks, the Provider may collect and process personal data referring to clients, authors, performing artists, business partners or any other Website user (hereinafter collectively referred to as “Users”).

The Provider processes personal data for statistical and market analysis purposes, e.g. on the basis of customer groups, geographic position and market areas, and evaluates them anonymously. Details can be found in the relevant sections of this privacy statement. Additional privacy notices may apply to special services or promotions (e.g. special offers). We will inform you about these at the beginning of the usage process of the respective service or action.

 

II. General information on data processing

1. Scope of processing of personal data
In principle, we only process personal data if this is necessary to provide a functional Website as well as our contents and services. The processing of personal data of our Users generally only takes place after the User has given his consent or on the basis of other legal regulations, which allow us to process their data.

2. Legal basis for the processing of personal data consent
Whenever we collect the data subject’s consent to the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

Contract or pre-contractual measures
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Legal obligation
If the processing of personal data is necessary for compliance with a legal obligation to which the Provider is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

Legitimate interests
If processing is necessary for the purposes of the legitimate interests pursued by the Controller or a third party and if such interests are not overridden by the interests, fundamental rights and freedoms of the data subject, Art. 6 para. 1 lit. f GDPR serves as the legal basis.

3. Retention time
In principle and unless otherwise stated, your personal data will only be retained until the purpose of the collection and processing is achieved. With your consent, data can also be stored for longer until you revoke your consent (for example, if you have created a User account, data will be stored until you delete it).

Furthermore, data may be stored if required by European or national regulations and laws which we are subject to. The data will also be erased if the retention period prescribed by any of the aforementioned regulations expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

4. Transfer to third countries
Unless otherwise stated, all data processing operations take place within the EU or the EEA countries.

Data processing operations carried out by third-party Providers established outside the menitoned geographical area may be carried out in part or in full in third countries in compliance with the relevant data protection regulations.

Any transfer of personal data outside the EU or the EEA shall exclusively be based on an adequacy decision of the European Commission, including the adequacy decision on the EU-US Privacy Shield. A list of current adequacy decisions is available on the European Commission’s Website.

Information on the EU-US Privacy Shield and in particular on the participation of a specific company can be found on the Website of the US Department of Commerce.

 

III. Processing of personal data via the Website

We automatically store use-related data (“Usage Data”) when you visit our Website. This includes in particular the URL of the accessed Website, date and time of the access, transferred data volume, http status code of the answer to the access, web browser type and HTTP referrer, as well as the IP address. This information is not associated with your person. We store the IP addresses in the log files for a limited period of time, as far as required for security purposes.

We collect this data to ensure the functionality of our Website. In addition, they are used to analyse, monitor and evaluate in an anonymous form User behaviour and to continuously improve and further develop our services. Please find further details about the means adopted to these ends in the relevant sections of this privacy statement about cookies and social media below.

The legal basis for this kind of processing activities is art. 6 par. 1 lit f) GDPR.

 

IV. Data processing when creating a User account

When creating a User account, we store the following data: name, company name, company e-mail address, personal e-mail address, full address details, phone number and a set of non-person related information about the music genre. Further data may be collected on a voluntary basis.

The basis of data use when creating a User account is your consent.

 

V. Use of cookies

a) Description and scope of data processing
On our Website we implement cookies in order to ensure its functionality and to improve user experience. Cookies are small text files that are stored in your device’s browser. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies to recognise your browser on your next visit (persistent cookies).

You can set your browser’s preferences in such a way that you are informed about the setting of cookies and decide on a case-by-case basis whether to accept them or not. You can also manually delete cookies from your device at any time.

If cookies are not accepted, the functionality of our Website may be limited.

 

Technical cookies
We use cookies to make our Website more User-friendly. Some elements of our Website require that the requesting browser can be identified even after a page change. Thereby we collect information about language settings, log-in information, etc.

The use of technical cookies is based on our legitimate interest.

 

Non technical cookies
In addition, we use cookies that are technically not necessary to monitor and evaluate User behaviour for market analysis purposes. Such cookies originate from third party services implemented in our Website. Please find further details in the subsequent sections.

Non-technical cookies allow us to analyse the use of our Website and improve it continuously. Such analytics enable us to offer you a better service that meets your interests better. The legal basis of processing is therefore Art. 6 par. 1 lit. f) GDPR.

 

GOOGLE ANALYTICS
We implement “Google Analytics”. This is a web analysis service provided by Google Inc. The information generated by the Google Analytics cookie about your use of our Website is transferred to the Google servers in the USA. IP anonymization has been activated on our Websites so that the IP addresses of Users within Member States of the European Union or European Economic Area are abridged prior to transfer, thereby eliminating any connection to the User as natural person. Only in exceptional cases is the unabridged IP address transferred to a Google server in the USA and anonymised there. On our behalf, Google will use this information to evaluate your use of the Website, to compile reports on Website activity and to provide us with other services relating to Website and Internet use. The IP address transferred by your browser in the context of Google Analytics is not merged with other Google data. You may object to the use of cookies by selecting the appropriate settings on your browser, however please note that this may result in limitations to the use of our Website. You can also prevent Google from collecting data via the cookie by installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

An opt-out cookie is then placed to prevent future collection of your data when you visit the Website. Find out further information about how Google handles personal data in Google’s privacy statement: https://policies.google.com/privacy?hl=en.

 

b) Duration of storage, possibility of objection and elimination
Cookies are stored on the User’s browser and from there transmitted to our Website. Therefore, you as a User have full control over the use of cookies. You can deactivate or restrict the storage of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our Website, it may no longer be possible to use all functions of the Website in full.

 

VI. Newsletter

You can subscribe to our newsletter by entering your e-mail address in the provided input mask. You can indicate your name voluntarily. We use it only to address you personally.

You will then receive an automatic confirmation e-mail containing a link to the specified address. The registration process is not complete until you click on this link.

By giving your consent to receiving our newsletter, we use your e-mail address to send you advertising and interesting offers about our own goods and services and those of partner companies. Unless otherwise specified, the data will not be passed on to third parties. You can withdraw your consent to receive newsletters at any time by objecting to the receipt of newsletters.

The basis for this form of data processing is your consent.

If we have collected your e-mail address in connection with the use of our offers (e.g. when purchasing our goods or services, or when creating a free User account), we may also send you e-mail newsletters for our offers without your prior consent, which are similar to the goods or services you have already ordered from us, if you have not objected to receiving such newsletters. The basis for this processing is § 7 par. 3 UWG (German unfair competition act).

You can object to receiving any type of newsletters from us at any time without incurring any costs other than the transmission costs according to the basic rates (e.g. the costs of your internet provider). We will inform you about the right of objection when collecting the email address and in the respective newsletter.

 

VII. Social Media Plugins

On our Website we implement social media plugins of various providers in order to improve our service and make it more attractive for you. The legal basis for the processing of personal data resulting thereof is Art. 6 par. 1 lit f) GDPR.

 

Facebook, Google, Twitter, Instagram, Pinterest, Tumblr
In order to increase the protection of your data when you visit our Website, such plugins are not fully integrated but only as HTML links. This way we ensure that no connection to the servers of the respective social network’s provider is established when you visit a page of our Website containing such plugins, unless you decide to activate the plugin.

If you click on one of the plugin buttons, a new browser window will appear and load the respective social network provider’s page, on which you may (after entering your login data, if required) e.g. press the Like or Share button.

Please find further details about the purpose and scope of the data collection and the further processing and use of the data by the respective social network providers as well as contact details and your rights and setting options for the protection of your personal data in the respective privacy statements:

Facebook: http://www.facebook.com/policy.php

Twitter: https://twitter.com/privacy

Google: http://www.google.com/intl/de/+/policy/+1button.html

Instagram: https://help.instagram.com/155833707900388

Pinterest: https://about.pinterest.com/de/privacy-policy

Tumblr: https://www.tumblr.com/privacy

 

Youtube Video Plugins
Third-party content is integrated on our Website. This content is provided by Google LLC via the YouTube video service.

Youtube is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

For videos from Youtube, which are integrated on our site, the extended data protection setting is activated. This means that no information from Website visitors is collected and stored by YouTube unless they play the video. The integration of the videos serves our overriding legitimate interests in an optimal marketing of our offer.

The purpose and scope of the data collection and the further processing and use of the data by the Providers as well as your relevant rights and setting options for the protection of your privacy can be found in the data protection information of Google http://www.google.com/intl/de/+/policy/+1button.html.

 

VIII. Rights of the data subject

If your personal data are processed, you are affected within the meaning of the GDPR and you have the following rights against the Controller:

1. Right to access
You can require the Controller to confirm whether personal data concerning you are processed by us.

If such processing takes place, you can request to be informed by the Controller about the following:

(1) the purposes for which the personal data is processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;

(4) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the Controller or a right to object to such processing;

(6) the existence of a right to lodge a complaint with a supervisory authority;

(7) any available information on the origin of the data if the personal data is not collected from the data subject;

(8) the existence of automated decision-making including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transmission.

2. Right to rectification
You have a right to rectification and/or completion against the data Controller if the personal data processed concerning you is inaccurate or incomplete. The Controller shall apply rectifications without undue delay.

3. Right to restriction of processing
Under the following conditions, you may request the restriction of processing of personal data concerning you:

(1) if you contest the accuracy of the personal data concerning you for a period that enables the data Controller to verify the accuracy of the personal data;

(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

(3) if the data Controller no longer needs the personal data for the purposes of the processing, but you do need them for the establishment, exercise or defence of legal claims or

(4) if you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the Controller override those of the data subject.

If the processing of personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If processing has been restricted according to the above conditions, you will be informed by the Controller before the restriction is lifted.

4. Right to erasure
a) Obligation to delete

You have the right to obtain from the Controller the erasure of personal data concerning you without undue delay and the Controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent, on which the processing was based according to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para. 2 GDPR.

(4) The personal data concerning you have been unlawfully processed.

(5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject;

(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.

b) Information to third parties
Where the Controller has made the personal data concerning you public and is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform Controllers which are processing the personal data that you, the data subject, have requested the erasure by such Controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure does apply to the extent that processing is necessary

(1) for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller;

(3) for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h andi as well as Art. 9 para. 3 GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the right referred to under a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

(5) for the establishment, exercise or defence of legal claims.

5. Right to notification
If you have exercised your right to have the data Controller rectify, erase or limit the processing, the Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.

6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to a Controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit those data to another Controller without hindrance from the Controller to which the personal data have been provided, where:

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and

(2) the processing is carried out by means of automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one Controller to another, where technical feasible. This shall not adversely affect the rights and freedoms of others.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller.

7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time without giving reasons to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

8. Right to withdraw consent
You have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR

 

IX. Amendments to this privacy statement

Due to the dynamic development of the Internet, new technologies and possibilities are constantly developing. To enable us to offer you these possibilities and technologies, we reserve the right to change this privacy statement for the future when introducing new, additional or when changing or extending existing services or service elements.

If the change to the privacy statement only affects the use of data in a general form and/or the use of data for orders and not also the use of data within the scope of a User account, the new privacy statement shall apply from the date of its update on the Website.

A change of the privacy statement, which refers to the use of the data already collected and stored in your User account, only takes place if this is reasonable for you. If and to the extent that changes to the privacy statement relate to the use of data already collected and stored in your User account, we will notify you in good time by e-mail, on our Websites, in our apps or in another way. You have the right to object to the new privacy statement within six weeks of receiving the notification. In the event of an objection, we reserve the right to terminate the contract and delete your User account. If no objection is raised within the aforementioned period, the amended privacy statement shall be deemed accepted by you. We will inform you in the notification of your right to object and the significance of the objection period.