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PRIVACY POLICY

This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offering"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

 

RESPONSIBLE

Wimmer.Audio

Gollierstraße 5

80339 Munich

 

Represented by:

Johannes Wimmer

 

Contact:

Telephone: +4915114958102

E-mail: johannes@wimmeraudio.com

 

http://wimmeraudio.com/imprint

TYPES OF DATA PROCESSED:

- Inventory data (e.g., names, addresses).

- Contact data (e.g., email, telephone numbers).

- Content data (e.g., text entries, photographs, videos).

- Usage data (e.g., websites visited, interest in content, access times).

- Meta/communication data (e.g., device information, IP addresses).

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CATEGORIES OF AFFECTED PERSONS

Visitors and users of the online offer (hereinafter we refer to the affected persons collectively as "users").

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PURPOSE OF PROCESSING

- Making the online offer, its functions and content available.

- Answering contact requests and communicating with users.

- Security measures.

- Reach measurement/marketing

TERMS USED

"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); a natural person is considered identifiable if he or she can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

"Processing" is any process or series of processes carried out with or without the aid of automated procedures in connection with personal data. The term is broad and covers practically every handling of data.

 

“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

 

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

 

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of the processing of personal data.

 

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

KEY LEGAL BASIS

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.

 

SECURITY MEASURES

In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk. The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, securing availability and separation of data. Furthermore, we have set up procedures that ensure the exercise of data subjects' rights, deletion of data and response to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

COOPERATION WITH CONTRACT PROCESSORS AND THIRD PARTIES

If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfill the contract in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 GDPR.

TRANSFERS TO THIRD COUNTRIES

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transmission of data to third parties, this only occurs if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

RIGHTS OF THE DATA SUBJECTS

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR. In accordance with Art. 16 GDPR, you have the right to request that the data concerning you be completed or that incorrect data concerning you be corrected. In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR. You have the right to request that the data concerning you that you have made available to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties. You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

RIGHT OF WITHDRAWAL

You have the right to withdraw consent granted in accordance with Art. 7 Para. 3 GDPR with effect for the future

RIGHT OF OBJECTION

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

 

 

COOKIES AND THE RIGHT TO OBJECT TO DIRECT ADVERTISING

“Cookies” are small files that are stored on users’ computers. Different information can be stored within cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if the user visits the site after several days. Likewise, the interests of the user can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the person responsible for operating the website (otherwise, if they are only their cookies, they are referred to as “first-party cookies”). We may use temporary and permanent cookies and explain this in our privacy policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. Excluding cookies can lead to functional restrictions of this website. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.

DELETION OF DATA

The data we process will be deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. According to legal requirements in Germany, the data is stored for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 No. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3, Para. 4 HGB (commercial letters). According to legal requirements in Austria, the data is stored for 7 years in accordance with Section 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

BUSINESS-RELATED PROCESSING

We also process - contract data (e.g., subject matter of the contract, term, customer category). - payment data (e.g., bank details, payment history) from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

 

 

CONTRACTUAL SERVICES

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, or contractual partners (collectively referred to as "contractual partners") in accordance with Art. 6 Paragraph 1 Letter b. GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. The data processed includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and telephone numbers) as well as contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history). We generally do not process special categories of personal data unless these are part of a commissioned or contractual processing. We process data that is necessary to establish and fulfill the contractual services and point out the necessity of providing it if this is not obvious to the contractual partners. Disclosure to external persons or companies only occurs if it is necessary within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements. When using our online services, we can save the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. GDPR. The data will be deleted when the data is no longer required to fulfil contractual or statutory duties of care or to deal with any warranty or similar obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the statutory retention periods apply.

 

 

NEWSLETTER

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described. Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us. Double opt-in and logging: Registration for our newsletter takes place using a so-called double opt-in process. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged. Registration data: To register for the newsletter, it is sufficient if you provide your email address. Optionally, we ask you to provide a name so that we can address you personally in the newsletter. The newsletter is sent and the associated success measurement is based on the consent of the recipient in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Para. 2 No. 3 UWG or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lit. f. GDPR in conjunction with Section 7 Para. 3 UWG. The registration process is logged on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR. We are interested in using a user-friendly and secure newsletter system that serves both our business interests and meets the expectations of users and also allows us to provide evidence of consent. Cancellation/Revocation - You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We can store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.

NEWSLETTER - MAILCHIMP

The newsletter is sent using the shipping service provider "MailChimp", a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection levels (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider is used on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR and a contract processing agreement in accordance with Art. 28 Para. 3 S. 1 GDPR. The shipping service provider can use the recipients’ data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of the sending and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them directly or to pass the data on to third parties.

 

HOSTING AND EMAIL SENDING

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email sending, security services and technical maintenance services that we use for the purpose of operating this online offering. In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing contract).

COLLECTION OF ACCESS DATA AND LOG FILES

We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

ONLINE PRESENCE IN SOCIAL MEDIA

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply. Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

INTEGRATION OF THIRD PARTY SERVICES AND CONTENT

We use content or service offers from third parties within our online offering on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.

 

 

VIMEO

We can embed videos from the “Vimeo” platform provided by Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy. We would like to point out that Vimeo can use Google Analytics and refer to the privacy policy (https://www.google.com/policies/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google's settings for data use for marketing purposes (https://adssettings.google.com/.).

USE OF FACEBOOK SOCIAL PLUGINS

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos (white "f" on a blue tile, the terms "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). When a user calls up a function of this website that contains such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the website by the user. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects using this plugin and therefore inform users according to our level of knowledge. By integrating the plugin, Facebook receives the information that a user has accessed the corresponding page of the website. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, for example by pressing the Like button or leaving a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, it is still possible that Facebook will find out and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany. The purpose and scope of data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options to protect the privacy of users, can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/. If a user is a Facebook member and does not want Facebook to collect data about them via this website and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our website. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

 

LINKEDIN

Within our online offering, functions and content of the LinkedIn service, offered by inkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated. This can include, for example, content such as images, videos or texts and buttons with which users can share content from this online offering within LinkedIn. If the users are members of the LinkedIn platform, LinkedIn can assign the access to the above-mentioned content and functions to the users' profiles there. LinkedIn privacy policy: https://www.linkedin.com/legal/privacy-policy.. LinkedIn is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active). Privacy policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

 

YOUTUBE

a) Scope of data processing Videos about selected projects can be played on our website. The videos are on the YouTube video platform, a service provided by

YouTube LLC901 Cherry Ave. San Bruno, CA 94066USA

Telephone: +1 650-253-0000Fax: +1 650-253-0001Email: support-de@google.com

Represented by: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, represented by Sundar Pichai (Chief Executive Officer)In order to be able to play the videos on our website, we have embedded them in our website using a function provided by YouTube. For this purpose, we have selected the so-called “extended data protection mode”, a function provided by YouTube to increase data protection. Embedding the video enables YouTube to collect data. Since this collection is carried out exclusively by YouTube, with regard to the scope of the data collected by YouTube, we refer to YouTube’s privacy policy, available at: https://policies.google.com/privacy?hl=de&gl=de

b) Legal basisThe legal basis for the processing of data collected by embedding YouTube videos is Art. 6 (1) (f) GDPR. This audiovisual presentation of our projects is of great importance as it enables us to present our individual company profile and the quality of our work to potential customers in an understandable and attractive manner. This is a legitimate interest of ours within the meaning of Art. 6 (1) (f) GDPR.

c) Purpose of data processingWe enable YouTube to collect data for the purpose of using the functional playback option for the embedded videos. Regarding the purposes of data collection by YouTube, please refer to YouTube's privacy policy, available at: https://policies.google.com/privacy?hl=de&gl=de

d) Duration of storageWe do not store user data when embedding videos. Regarding the duration of any data storage by YouTube, please refer to YouTube's privacy policy, available at: https://policies.google.com/privacy?hl=de&gl=de

e) Possibility of objection and removalThe transfer of data is absolutely necessary for the embedded videos to be playable. Consequently, there is no possibility for the user to object to us.

Regarding the existence of a possibility of objection and removal vis-à-vis Google, please refer to Google's privacy policy, available at: https://policies.google.com/privacy/update?hl=de&gl=de

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