Privacy Policy

INTRODUCTION

By operating our website www.musicsculptor.com (hereinafter referred to as "Website") we process personal data. Such data will be treated confidentially and processed according to the applicable laws - in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-neu). With our privacy policy we want to inform you, which personal data we collect from you, for what purposes and on which legal basis we use them and, where appropriate, to whom we disclose them. In addition, we will explain to you what rights you have to safeguard and enforce the protection of your personal data.

TERMS

Our privacy policy contains technical terms that are set forth in the GDPR and the BDSG-neu. For your better understanding we want to explain these terms in simple words in advance:

2.1 Personal data

"Personal data" means any information relating to an identified or identifiable person (Article 4 (1) GDPR). Information of an identified person shall be e.g. the name or email address. But personal may also be data in which the identity is not immediately apparent, but may be determined by combining our or third-party information and reveals insofar who it is. A person is e.g. identifiable by providing an address or bank details, date of birth or username, IP addresses and / or location data. Insofar all information is relevant that in some way allows conclusions about a person.

2.2 Processing

"Processing", Art. 4 No. 2 GDPR, means any procedure in connection with personal data. In particular, this includes, but is not limited to collection, organization, ordering, storage, adaptation or modification, reading, querying, use, disclosure, transmission, circulation, or any other form of provisioning, matching, or linking, the restriction, deletion or destruction of personal data.

RESPONSIBILITY

Responsible for processing data is:

1.	Company:	Music Sculptor GmbH ("we")
2.	Legal representatives:	Dr. Anselm Kreuzer und Sebastian Parche (managing directors)
3.	Address:	Music Sculptor GmbH, Offenbachstr. 5, 53859 Niederkassel, Germany
4.	Phone:	+49 2208 9095995
5.	Email:	[email protected]

PROCESSING FRAMEWORK: WEBSITE

As part of the website www.musicsculptor.com , we will process the personal data you provide to us in accordance to the sections 5-10 below. We only process data from you that you actively indicate on our website (for example by filling out forms) or that you provide automatically when using our offer.

Your data shall exclusively be processed by us and will not be sold, lent or passed on to third parties. If we use external service providers for the processing of your personal data, this will be done within the framework of a so-called commissioned processing, where we, as the client, have the authority to issue instructions to our contractors. To operate our website, we use external service providers for hosting, maintenance, care and development. If additional external service providers are used in individual processing operations listed in sections 5-10, they will be named there.

In general, we neither transfer or plan to transfer any personal data to third countries. We will inform you about exceptions to this principle in the processing described below.

PROVISION OF WEBSEITE AND SERVER LOGFILES

5.1 Description of processing

Every time you access the website, we automatically collect information that your browser transmits to our server. Such information shall also be stored in the so-called log files of our system and contains:

your IP address

The temporary storage of your IP address by our system is necessary to be able to deliver our website to a user's device. To do this, the user's IP address must be stored for the duration of the session.

5.2 Purpose

The processing takes place in order to enable you to access a stable and secure website.

5.3 Legal basis

The processing is necessary for the purposes of the legitimate interests pursued by the person responsible (Art. 6 (1) (f) GDPR). Our legitimate interest is defined in the purpose stated in section 5.2.

5.4 Storage period

The data shall be deleted as soon as the storage is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed. A deletion of the log files takes place after 7 days.

LICENSING

6.1 Description of processing

For media-based music use of individual pieces of music, in particular on websites, in commercials, feature films, image films, trailers, on YouTube, Facebook, Instagram and in games, you may submit a license request for the selected music titles. We process the personal data provided by you in the license request for the reviewing and handling of your license request. This includes the following data:

name and address of the producer
name and address of the client
place and date of request
signature of the client

You may download the request at the URL www.musicsculptor.com/licensing . The completed request must then be sent to us by email to

[email protected]

. We will contact you immediately by email with a binding offer.

6.2 Purpose

The processing takes place to conclude and process license agreements.

6.3 Legal basis

The processing is required to conclude and fulfill the license agreements (Art. 6 (1) (b) GDPR).

6.4 Storage period

Due to commercial law and tax regulations, we are obliged to save your address, payment and order data for a period of ten years. However, after two years we are restricting the processing. That means your data will then only be stored separately to comply with the statutory retention periods and deleted immediately after their expiration.

CONTACT FORM AND CONTACT BY EMAIL

7.1 Description of processing

To make contact, we provide a contact form to you on our website. In this form you will be asked to enter your email address, name, subject of the contacting and a message to us. If you press the "submit" button, the data will be transmitted to us using SSL encryption (see paragraph 11). You may only transmit the contact form to us if you accept our privacy policy by clicking on the appropriate checkbox. You may also contact us via the email addresses provided to you on the website. In this case, the personal data transmitted by email will be processed by us.

7.2 Purpose

By providing a contact form on our website, we want to offer you a convenient way to contact us. The data transmitted in the contact form or with your email will be used exclusively for the purpose of processing and answering your request.

7.3 Legal basis

Data processing is necessary for the purposes of the legitimate interests pursued by the person responsible (Art. 6 (1) (f) GDPR). Our legitimate interest lies in the purpose is defined in section 7.2. If the e-mail contact is aimed at concluding or fulfilling an agreement, the processing of the data is carried out in order to fulfill such agreement (Article 6 (1) (b) GDPR).

7.4 Storage period

The data shall be deleted by us as soon as the storage is no longer necessary for the purpose of their collection. This is usually the case when communication with you is over. The communication ends when it can be concluded from circumstances that your request has finally been resolved. Insofar as statutory retention periods preclude deletion, deletion takes place immediately after expiry of the statutory retention period.

8.1 Description of processing

We send a newsletter at irregular intervals. With the newsletter we inform you about products, services and offers of Music Sculptor GmbH. You will only receive our newsletter if you actively subscribe to our mailing list. You can subscribe to it by completing and submitting a newsletter registration form on our website. For the newsletter registration you only need to enter your email address. All other information (such as your first name and last name) are voluntary and are used solely for the personalization of emails. For the implementation and verification of newsletter applications, we use a so-called double opt-in procedure. Registration takes place in several steps. First, sign up to our newsletter on our website. You will then receive an e-mail from us to the e-mail address you provided. With this email we ask you to confirm that you have actually subscribed to our newsletter and wish to receive it. Confirmation is made by clicking on a confirmation link sent to you in our email. Only in case of a successful confirmation, we will include you to our newsletter mailing list and send to you emails in the future. As part of the double-opt-in procedure, we save the date, time and your IP addresses both during registration and when confirming.

8.2 Purpose

The processing takes place in order to offer the newsletter function and to be able to send newsletter emails to subscribers. The collection and storage of date, time and IP addresses during the newsletter registration serves the documentation of granted consent and the protection against the abusive registration of email addresses.

8.3 Legal basis

The processing takes place in our subscriber newsletter on the basis of a given consent in accordance with Article 6 (1) (a) GDPR. The consent form can be viewed on our website at any time at www.musicsculptor.com/gtc . Your consent is voluntary. The collection and storage of date, time and IP addresses when registering for the newsletter is necessary for the purposes of the legitimate interests pursued by the person responsible (Article 6 (1) (f) of the GDPR). Our legitimate interest is defined in the purpose stated in section 8.2.

8.4 Storage period and withdrawal of consent

If you do not confirm your registration for our newsletter within 24 hours after receiving the corresponding registration email, your data will be automatically deleted. Apart from that, we process your personal data for the duration of your newsletter subscription. You may terminate the subscription to our newsletter at any time by withdrawing your consent. All you need to do is to make a simple declaration of withdrawal (email to

[email protected]

). With the withdrawal of your consent you will no longer receive any newsletters and your personal data will be removed from our active mailing list. We will use your e-mail address only to enforce your withdrawal in our so-called blacklist. This will ensure that you will not receive newsletters from us in the future and that your email address will not be misused by third parties.

8.5 Recipients

To administer our newsletter mailing list and to send out the e-mails, we use the services of the newsletter provider Newsletter2Go. This is done as part of a commissioned processing. Newsletter2Go is an offer from Newsletter2Go GmbH, Köpenicker Str. 126, 10179 Berlin, Germany.

GOOGLE WEBFONTS

Our website uses "Google Web Fonts", a font translation service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter called "Google") in a version hosted on our server. Therefore, no personal data will be collected, processed or otherwise used.

10.

AMAZON CLOUDFRONT

10.1 Description of processing

Our website uses "Amazon Cloudfront", a CDN (Content Delivery Network) from Amazon Inc. ("Amazon"). Through a CDN, files are sent from a very fast server that is as close to the location of your device as possible. This shortens the loading time of the website, since only a small amount of data has to be loaded directly from our slower server. Amazon operates numerous servers in Europe (including Frankfurt and Milan) to send our files to you as quickly as possible.

10.2 Purpose

The processing is done to shorten the loading time of our website.

10.3 Legal basis

10.4 Recipients and transmission to third states

Technically, however it cannot be excluded that your browser (for example, because you access this website from outside the EU or for any other reason) accesses a server from outside the EU. In this case, data will be sent directly from your browser to the respective country (North and South America, Asia, Australia) and you consent to the transfer of your data to the USA and / or the country in which the respective server is located.

11.

SAFETY MEASURES

In order to protect your personal data from unauthorized access, we have issued our website with an SSL or TLS certificate. SSL stands for "Secure Sockets Layer" and TLS for "Transport Layer Security" and encrypts the communication of data between a website and the user's device. You can recognize the active SSL or TLS encryption by a small lock logo, which is displayed on the far left in the address bar of the browser.

12.

DATA SUBJECT RIGHTS

With respect to the above-described data processing by our company, you are entitled to the following rights of data subjects:

12.1 Information (Art. 15 GDPR)

You have the right to ask us to confirm that we are processing personal data concerning you. If this is the case, you are entitled to information about the personal data collected and processed by us and to the further information listed in Art. 15 GDPR but subject to the conditions specified in Art. 15 GDPR.

12.2 Correction (Art. 16 GDPR)

You have the right to demand immediate correction of incorrect personal data concerning you and, if necessary, the completion of incomplete personal data.

12.3 Deletion (Art. 17 GDPR)

You have the right to demand that we erase any personal data relating to you without delay if one of the reasons listed in Art. 17 GDPR is applicable, e.g. for example, if your data is no longer needed for the purposes we are pursuing.

12.4 Restriction of data processing (Art. 18 GDPR)

You have the right to demand that we restrict the processing if one of the conditions listed in Art. 18 GDPR is applicable. If you for example deny the accuracy of your personal data, processing will be restricted for the duration that allows us to verify the accuracy of your data.

12.5 Data portability (Art. 20 GDPR)

You have the right to demand to receive your data from us in a structured, common and machine-readable format under the conditions set out in Art. 20 GDPR.

12.6 Withdrawal of consent (Art. 7 Abs. 3 GDPR)

You have the right to withdraw your consent at any time in the case of processing based on consent. The withdrawal is valid from the time of its assertion. The withdrawal is in other words effective for the future. The processing does not become retroactively unlawful by the withdrawal of the consent.

12.7 Complaint (Art. 77 GDPR)

Wenn Sie der Ansicht sind, dass die Verarbeitung der Sie betreffenden personenbezogenen Daten gegen die DSGVO verstößt, haben Sie das Recht auf Beschwerde bei einer Aufsichtsbehörde. Sie können dieses Recht bei einer Aufsichtsbehörde in dem EU-Mitgliedstaat ihres Aufenthaltsorts, ihres Arbeitsplatzes oder des Orts des mutmaßlichen Verstoßes geltend machen.

12.8 Ban of automated decision making / profiling (Art. 22 GDPR)

Decisions that have legal consequences for you or significantly affect you must not be based solely on automated processing of personal data, including profiling. We inform you that we do not use automated decision making, including profiling, in relation to your personal data.

12.9 Objection (Art. 21 GDPR)

If we collect personal data from you on the basis of Art. 6 para. 1 lit. f GDPR (for the protection of predominant legitimate interests), you have the right to object to this under the conditions set out in Art. 21 GDPR. However, this only applies if there are reasons that arise from your particular situation. Following your objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise, or defense of legal claims. In any case, irrespective of any particular situation, you have the right to object at any time to the processing of your personal data for direct marketing purposes.

August 2018