Privacy

I. Introduction and terms

1. GENERAL

By operating our websites with the URL initiative-musik.de, deutscher-jazzpreis.de, german-haus.com and applaus-award.de (hereinafter referred to individually or collectively as “website”), we process personal data. We treat this data confidentially and process it in accordance with the applicable laws – in particular the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the Telecommunications Telemedia Data Protection Act (TTDSG). With our Privacy Policy, we want to inform you about what personal data we collect from you, for what purposes and on what legal basis we use it and, if applicable, to whom we disclose it. Furthermore, we will explain to you which rights you are entitled to in order to protect and enforce your data protection.

2. TERMS

Our data protection regulations contain technical terms that are in the GDPR and the BDSG. For your better understanding, we would like to explain these terms in simple terms in advance:

2.1 Personal data

“Personal data” means all information relating to an identified or identifiable person (Art. 4 No. 1 GDPR). Information relating to an identified person may,for example, be the name or the e-mail address. However, personal data also includes data for which the identity is not immediately apparent but which can be de-termined by combining one’s own or third-party information and thus finding out who the person is. A person becomes identifiable, for example, by providing his or her address or bank details, date of birth or user name, IP address and/or location data. Relevant here is all information that in any way allows an in-ference to a person.

2.2 Processing

Art. 4 para. 2 GDPR defines “processing” as any operation involving personal data. This applies in particular to the collection, capture, administration, classification, recording, amendment, printing, making available, use, disclosure, sharing, dissemination, provision, comparison, linking, restriction, erasure or destruction of personal data.

II. Person responsible and data protection officer

3. RESPONSIBLE

Responsible for data processing is:
Initiative Musik gemeinnützige Projektgesellschaft mbH (“we”)
Legal representative: Tina Sikorski (managing director)
Address: Friedrichstraße 122
Phone: +49 30 53147545 0
Fax: +49 30 53147545199
E-mail: mail@initiative-musik.de

4. DATA PROTECTION OFFICER

We have appointed an external data protection officer for our company. You can reach him under:

Name: Reinher Karl
Address: HABEWI GmbH & Co. KG, Palmaille 96, 22767 Hamburg
Phone: 040/ 46008966
Fax: 040/ 46008977
E-mail: datenschutz@habewi.de

III. Processing frame

5. PROCESSING FRAMEWORK: WEBSITE

Within the framework of the website, we process the personal data of you listed in detail below in section IV. We only process data from you that you actively provide on the website (e.g. by filling out forms) or that you automatically provide when using our offers.
Your data will be processed exclusively by us and will not be sold, lent or passed on to third parties. If we use the help of external service providers to process your personal data, this is done within the framework of so-called data processing agreements, in which we as the client are authorised to issue instructions to our contractors. We use external service providers for the hosting and maintenance of our website. We host our website at jweiland.net, Jochen Weiland (address: Echterdinger Straße 57, Gebäude 9, 70794 Filder-stadt, Germany) in the data centre location Filderstadt, Germany. If further external service providers are used for individual processing operations listed in section IV, they will be named there.
As a matter of principle, we do not transfer data to third countries and do not plan to do so. We will pro-vide information about exceptions to this principle in the processing operations described below. Any data transfer to third countries will then take place on the basis of the so-called EU standard contractual clauses.

IV. The processing in detail

6. PROVISION OF THE WEBSITE AND SERVER LOGFILES

6.1 Description of processing

Every time you access the website, we automatically collect information that your browser transmits to our server. This involves the following data:

• IP address
• Browser software used, as well as its version and language
• the sub-pages accessed on the website
• the date and time the website was accessed
These are also stored in the so-called log files of our system. The temporary storage of your IP address by the system is necessary in order to be able to deliver our website to a user’s terminal device. For this pur-pose, the user’s IP address must remain stored for the duration of the session. Your IP address is also rec-orded in the log files for security reasons to defend against attacks on our website (especially so-called Dos attacks) and for fraud prevention.

6.2 Purpose

The processing is carried out to enable the website to be accessed and to ensure its stability and security. Furthermore, the processing serves the statistical evaluation and improvement of our online offer.

6.3 Legal basis

6.4 Storage period

The data is erased as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective ses-sion has ended. The log files are erased after 7 days.

7. REGISTRATION AND PROFILE

7.1 Description of processing

Some functions and offers of our website are only available to you as a registered user. By registering, you enter into a free user agreement with us. By registering, you receive your own user account on our website. Regis-tration takes place by filling in the registration form on the respective web pages https://initiativemusik.lucaas.net/ , https://bewerbung.deutscher-jazzpreis.de/, bewerbung.applaus-award.de/, https://skk-initiative-musik.antragsverwaltung.de/ , https://www.initiative-musik.de/antrag/neustart-musikclubs/, https://www.initiative-musik.de/antrag/neustart2-musikclubs/, https://www.initiative-musik.de/antrag/neustart2-vf/ https://www.initiative-musik.de/antrag/neustart-vf/, https://www.initiative-musik.de/antrag/neustart-kleinstfestivals/index.php or https://te-sa.initiative-musik.de/ and sending it to us electronically. To register, you must enter your first name, surname, address, freely chosen user name and e-mail address, as well as other necessary details concerning your request. By clicking the “Register” button, you submit the form to us. You will then receive an automatic welcome e-mail. This contains a link to confirm your e-mail address. Only after successful verification of your e-mail address by clicking on the confirmation link will your account be activated on our website.
As a registered user, we provide you with your project application page, which can be viewed by logged-in registered users of our website. In addition to the information you provide when registering, we process the following personal data from you to set up and maintain your user account and project page: First name/last name, date of birth (if applicable), address, telephone number, fax number, e-mail address, bank details and details of your entitlement to deduct input tax.
If a funding application is accepted, certain data will be made publicly available for documentation and control purposes of the funding bodies, namely, name of the artist or club, location, name of the applying company, federal state, URL of the applicant, artist’s photo as well as a description of what was funded.

7.1 Purpose

The processing is carried out in order to provide you with the functions of our website for registered users.

7.2 Legal basis

The processing is necessary for the conclusion and fulfilment of the free user contract (Art. 6 para. 1 lit. b GDPR). Without providing your personal data as part of the registration process, we cannot provide our contractually owed services.

7.3 Storage period

The data will be automatically erased by us upon termination of your user contract. You can terminate the user contract yourself by selecting the “Erase profile” function in the settings of your user account. Alterna-tively, you can notify us by post to Initiative Musik gemeinnützige Projektgesellschaft mbH, Friedrichstraße 122 by fax to +49 30 5314754599 or by e-mail to mail@initiative-musik.de that you no longer wish to be a registered user of our website. We will then erase your user account immediately. Furthermore, as a logged-in user, you can edit and remove your own details and information at any time.

8. COOKIES AND OTHER TRACKING TECHNOLOGIES

8.1 Description of processing

Our website uses cookies. Cookies are small text files that are stored on the user’s terminal device when visiting a website. Cookies contain information that enables the recognition of a terminal device and possi-bly certain functions of a website. We distinguish between our own cookies and external, so-called third-party cookies. So-called “session cookies” and “persistent cookies” are used on our site. “Session cookies” are automatically erased when you end your internet session and close the browser. Persistent cookies remain stored on your terminal device for a longer period of time. In addition to cookies, we also use other tracking technologies, such as pixels or so-called fingerprinting. If cookies are technically necessary for the operation of our site, your consent is not required for this. All other cookies and tracking technologies that are not technically necessary are only set after you have actively consented to the use of cookies/tracking technologies via our Consent Tool. We use the “Usercentric” service, which is operated by Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich, Germany, to
obtain and document your consent. The consent tool itself saves your selection in a cookie on your end device. This means that you do not need to make a decision about cookies again on a subsequent visit to our website.
You can find out which cookies are used on our website for which purpose, how long they are stored on your end device and which consents you may have already declared in the settings of the Consent tool Complianz – GDPR Cookie Consent.

8.2 Purpose

We use cookies to make our website more user-friendly and to offer the functions described in para. 8.1 and to offer the functions described in section 8.1.

8.3 Legal basis

The processing is necessary with regard to technically required cookies, as well as the use of the Consent Tool to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR; § 25 para. 2 TTDSG). Our legitimate interest lies in the purpose stated in para. 8.2 named purpose. With regard to the processing of all other cookies/tracking technologies – i.e. those that are not technically necessary – the legal basis is consent (Art. 6 para. 1 lit. a GDPR in conjunction with § 25 para. 1 TTDSG). Such consent is voluntary.

8.4 Storage period, revocation of consent

Cookies are automatically erased at the end of a session or at the end of the specified storage period. Since cookies are stored on your terminal device, you as a user have full control over the use of cookies. By chang-ing the settings in your internet browser, you can deactivate or restrict the transfer of cookies. Cookies that have already been stored can be erased. This can also be done automatically. If cookies for our website are deactivated, erased or restricted, it may be that individual functions of our website cannot be used or can only be used to a limited extent. You can revoke any consent you may have given for the use of cookies at any time in the settings of the consent tool with effect for the future.

8.5 Recipients

When third-party cookies are used, data may be transmitted to the corresponding providers of these third-party services. Under certain circumstances, data may also be transferred to third countries outside the European Union or the European Economic Area. We provide information about the recipients of data and the transmission to third countries in the settings of the Consent Tool or in the corresponding passage for the third-party service in these data protection provisions.

9. CONTACT BY E-MAIL

9.1 Description of processing

To contact us, you can write to us via the e-mail address provided on the website. In this case, the personal data transmitted with the e-mail will be processed by us.

9.2 Purpose

The data transmitted with and in your e-mail will be used exclusively for the purpose of processing and responding to your request.

9.3 Legal basis

The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR). Our legitimate interest lies in the purpose stated in para. 9.2 named purpose. If the e-mail contact is aimed at the conclusion or fulfilment of a contract, the data processing is carried out for the fulfilment of the contract (Art. 6 para. 1 lit. b GDPR).

9.4 Storage period

We erase the data as soon as it is no longer required to achieve the purpose for which it was collected. This is usually the case when the respective communication with you has ended. The communication is deemed to have ended when it is clear from the circumstances that your concern has been conclusively clarified. If legal retention periods prevent deletion, the data will be erased immediately after the legal retention period has expired.

10. NEWSLETTER

10.1 Description of the processing

We send out a newsletter at irregular intervals. In our newsletters we inform you about our funding pro-grammes, activities and how we fulfil our tasks. You will only receive our newsletter if you actively subscribe to our mailing list. You can subscribe by filling out and submitting a newsletter registration form on our website.
For the newsletter registration, only your e-mail address is required. All other details (such as your first name and surname) are voluntary and serve solely to personalise the e-mails. We use the so-called double opt-in procedure to carry out and verify newsletter registrations. Registration takes place in several steps. First, you register for the newsletter on our website. You will then receive an e-mail from us at the e-mail address you have provided. In this e-mail, we ask you to confirm that you have actually registered for the newsletter and wish to receive it. You confirm by clicking the confirmation link in the e-mail. Only after suc-cessful confirmation will we add you to our newsletter distribution list and send you future e-mails. As part of the double opt-in process, we save the date, time and your IP addresses both during registration and confirmation.
If you use our services on our website, e.g. apply for grant programs and enter your e-mail address, this may subsequently be used by us to send a so-called existing customer newsletter. In such a case, only direct advertising for our own similar programs or services will be sent via the newsletter.

10.2 Purpose

The processing takes place in order to offer the newsletter function and to be able to send newsletter emails to subscribers and existing customers. The collection and storage of date, time and IP addresses when subscribing to the newsletter serves to document consent given and to protect against the misuse of email addresses.

10.3 Legal basis

For our subscriber newsletter, processing is based on consent pursuant to Art. 6 (1) lit. a GDPR. You can access the declaration of consent on our website at any time. Your consent is voluntary. The collection and storage of the date, time and IP addresses when subscribing to the newsletter is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR). Our legitimate interest lies in the purpose stated in para. 10.2 named purpose.
In the case of our newsletter for existing customers, processing is carried out on the basis of Art. 6 (1) lit. f GDPR in order to protect the overriding interests of the controller. Our legitimate interest lies in direct ad-vertising to existing customers. This is permissible within the framework of Section 7 (3) UWG, which we observe.
10.4 Storage period and revocation of consentIf you do
not confirm your subscription to our newsletter within 24 hours of receiving the corresponding registration e-mail, your data will be automatically erased. We process your personal data for the duration of your newsletter subscription. You can cancel your subscription to our newsletter at any time by revoking your consent. You can also object to the use of your e-mail address to send our newsletter to existing customers at any time. A simple declaration is sufficient (by e-mail to mail@initiative-musik.de or by post to Initiative Musik gemeinnützige Projektgesellschaft mbH, Friedrichstraße 122). You can also unsubscribe from the newsletter by clicking on the unsubscribe link in every newsletter email or here www.initiative-musik.de/newsletter-anmeldung/. With the revocation of your consent, you will no longer be sent newsletters and your personal data will be removed from our ac-tive distribution list.

10.5 Recipients and transfer to third countries:

We use the services of the newsletter provider Rapidmail to manage our newsletter distribution list and to send the emails. This takes place within the framework of order processing. Rapidmail is a service provided by apidmail GmbH, Wentzingerstraße 21, 79106 Freiburg im Breisgau, Germany. Further information on data protection at Rapidmail can be found at www.rapidmail.de/dsgvo-konformes-email-marketing.

11. SOCIAL NETWORKS

11.1 Description of processing

Our website does not use so-called social media plugins. Facebook, Instagram, Twitter, YouTube, Tik Tok and LinkedIn logos displayed on our website are merely linked to the corresponding profiles of our compa-ny on the social networks. A data transfer to the social networks does not take place with the integration of the logos. If you click on one of the logos, you will only be redirected to the external website of the respec-tive social network.
However, our profiles within the social networks constitute data processing. If you are logged in to the re-spective social network when you visit such a profile, this information will be assigned to your user account there. If you interact with our profile, e.g. comment, “share”, “like” or “retweet” a post, this information will also be stored in your user account. As a rule, your interactions with our profile can also be viewed by us.
On the social networks YouTube, Tik Tok, Facebook and Instagram, we have the possibility to obtain statis-tical data about the use of our Facebook page or our Instagram profile via the so-called “Insights” function. These statistics are provided by Facebook and Instagram. The “Insights” function cannot be disabled. We cannot decide to turn this feature on or off. It is available to all Facebook fan page operators and all Insta-gram business account operators, regardless of whether you use the Insights function or not.
We are provided with the following data via Facebook Insights for a selectable period of time in anony-mised form with regard to fans, subscribers, people reached and people interacting: Total page views, likes including origin, page activity, post interactions, reach, post reach (broken down into organic, viral and paid interactions), comments, shared content, replies and demographic analysis, i.e. country of origin, gender and age. In the Insights statistics, it is not possible for us to identify subscribers and fans of our site and to view their profiles.
Furthermore, we receive anonymised data about the development and reach of our Instagram profiles, as well as the posts, stories and videos we post there, via Instagram insights. We also receive statistical infor-mation on the place of origin, gender and age of the subscribers to our Instagram profile in the Instagram insights. On the social network LinkedIn, we have the possibility to obtain statistical data about the use of our LinkedIn profile via the so-called “Insights” function.
The social networks with which you communicate store your data using pseudonyms as usage profiles and use them for advertising purposes and market research. For example, you may be shown advertisements within the social network and on other third-party websites that match your presumed interests. Cookies are usually used for this purpose, which the social network stores on your end device. You have the right to object to the creation of these user profiles, for the exercise of which you must contact the social networks directly.

11.2 Purpose

We maintain profiles on the aforementioned social networks for the purpose of public relations and corpo-rate communication with customers and interested parties. We use the “Insights” function of social media platforms to evaluate the reach of our posts on the social network and to make them more appealing to our visitors in the future.

11.3 Legal basis

The legal basis for data processing within the scope of our profiles on social networks is the protection of our overriding legitimate interests (Art. 6 para. 1 lit. f GDPR). Our legitimate interest lies in the purpose named in point 11.2 named purpose. If you are asked for consent by the respective operator of a social network, the legal basis is Art. 6 para. 1 lit. a GDPR. Data processing with regard to our presence on Face-book, Instagram and LinkedIn is also carried out on the basis of joint responsibility in accordance with Art. 26 GDPR.

11.4 Recipients and transmission to third countries

The respective social networks are operated by the companies listed below. Further information on data protection with regard to our profile on the social networks can be found in the linked data protection provisions.
• Facebook: Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA. Privacy policy: www.facebook.com/policy.php; www.facebook.com/help/186325668085084, www.facebook.com/about/privacy/your-info-on-other#applications as well as www.facebook.com/about/privacy/your-info#everyoneinfo.
• Instagram: Instagram LLC, 1601 Willow Rd, Menlo Park, California 94025, USA; Privacy Policy: help.instagram.com/155833707900388/.
• Twitter: Twitter Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; privacy policy: twitter.com/privacy.
• YouTube: YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy of Youtube/Google: www.google.com/policies/privacy/partners/?hl=de.
• LinkedIn: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. Privacy policy: www.linkedin.com/legal/privacy-policy?trk=homepage-basic_footer-privacy-policy. The privacy agreement with LinkedIn can be found at www.linkedin.com/legal/l/dpa. The shared responsibility agreement can be viewed at legal.linkedin.com/pages-joint-controller-addendum.
• TikTok: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland; Privacy Policy: https://www.tiktok.com/legal/privacy-policy.
The social networks also process your personal data in the USA.

12. MATOMO

12.1 Description of processing

We use “Matomo”, a web analytics service provided by Innocraft Ltd, 150 Willis St, 6011 Wellington, New Zealand. Matomo is an open source software that we have installed on our server. Matomo uses cookies (see para. 8.), which enable an analysis of your use of our website. The statistics compiled by Matomo record in particular how many users visit our website, the country or location from which access is made, which subpages are accessed and which links or search terms visitors use to reach our website. The information collected is transmitted to our server and stored there. It is not passed on to third parties and is not passed on to Innocraft Ltd. Your IP address is only recorded in abbreviated form so that it cannot be assigned (so-called IP masking).

12.2 Purpose

The processing takes place in order to be able to evaluate the use of our website. The information thus obtained is used to improve our online presence and to design it in line with requirements.

12.3 Legal basis

The processing is based on consent pursuant to Art. 6 (1) lit. a GDPR. This is obtained by us via the Consent Tool (see para. 8.1). Such consent is voluntary.

12.4 Storage period and right to object, revocation of consent

We have explained the storage period, as well as your control and setting options for cookies in para. 8 explained. You can revoke your consent with regard to Mamoto at any time in the settings of the consent tool with effect for the future. Alternatively, you can object to data processing by Google Analytics at any time by unchecking the following box to activate the opt-out plug-in.

12.5. Web statistics through Matomo

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

The analysis data processed and stored with Matomo will be automatically deleted by us after one year.

13. GOOGLE ANALYTICS

13.1 Description of processing

We use “Google Analytics”, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”). Google Analytics uses cookies (see para. 8.), which enable an analysis of your use of our website. The information generated by the cookies is usually transferred to a Google server in the USA and stored there. However, we use Google Analytics exclu-sively with IP anonymisation. This means that your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. The statistics generated by Google Analytics record, in particular, how many users visit our website, from which country or location the access takes place, which sub-pages are called up and via which links or search terms visitors reach our website. You can find the Google Analytics user conditions at www.google.com/analytics/terms/de.html. An overview of data protection at Google Analytics is available at www.google.com/intl/de/analytics/learn/privacy.html. Google’s privacy policy can be viewed at www.google.de/intl/de/policies/privacy.

13.2 Purpose

The processing takes place in order to be able to evaluate the use of our website. The information thus obtained is used to improve our online presence and to design it in line with requirements.

13.3 Legal basis

The processing is based on consent pursuant to Art. 6 (1) lit. a GDPR. This is obtained by us via the Consent Tool (see para. 8.1). Such consent is voluntary.

13.4 Storage period and right to object, revocation of consent

We have explained the storage period, as well as your control and setting options for cookies in para. 8.4 explained. You can revoke your consent with regard to Google Analytics at any time in the settings of the consent tool with effect for the future. Alternatively, you can object to data processing by Google Analytics at any time by downloading and installing the browser add-on offered by Google at tools.google.com/dlpage/gaoptout?hl=en. The analysis data processed and stored by Google Analytics will be automatically erased by us after 14 months.

13.5 Recipients and transfer to third countries

Google Analytics is jointly responsible for data processing on our behalf according to the German data pro-tection supervisory authorities (Data Protection Conference). Against this background, we have also con-cluded the “Google Measurement Controller Data Protection Terms” with Google. Google also processes your personal data in the USA.

14. FONT SUBSTITUTION

When displaying our website, the standard fonts of your terminal device are replaced by fonts. This is done to make the text on our customer portal easier to read and more aesthetically pleasing. When replacing fonts, we have opted for a data protection-friendly solution. We do not use external services such as Google Fonts or Adobe Fonts. Instead, we store the fonts to be replaced locally on our server. This has the advantage that when you call up our site, no request is made by your browser to external font replacement services and thus no data, in particular your IP address in connection with the address of our website, is transmitted to third parties.

15. YOUTUBE

15.1 Description of processing

Our website uses services from “YouTube” a video platform operated by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA (hereinafter referred to as “YouTube”). YouTube is represented by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We use YouTube by embedding individual videos from the platform on our website as so-called iFrame so that they can be played directly on our website. The videos are embedded in the “extended data protection mode” offered on YouTube, i.e. no personal data will be transferred from you to Google as long as you do not play the videos. Only when you play a video will data be transmitted to Google, over which we have no control. If you play a video embed-ded on a sub-page of our website, Google will be informed which sub-page you have visited and which vid-eo you have viewed. Your IP address may also be transmitted to Google. If you are logged in as a YouTube or Google user, Google will associate this information with your user account. Google stores your data as user profiles and uses them for advertising purposes, market research and/or to tailor Google’s websites to your needs. You have the right to object to the creation of these user profiles. To exercise this right, you must contact Google directly. Further information on data protection at Google can be found at www.google.com/intl/de-DE/policies/privacy/.

15.2 Purpose

The processing is done in order to be able to show you videos in our website.

15.3 Legal basis

15.4 Recipients and transmission to third countries

By integrating YouTube, personal data may be transmitted to YouTube LLC or Google. Google also processes your personal data in the USA.

16. VIMEO

16.1 Description of the processing

Our website uses services from “Vimeo”, a video platform operated by Vimeo LCC, 555 West 18th Street, New York, New York 10011, USA (hereinafter referred to as “Vimeo”). We use Vimeo by embedding individ-ual videos from the platform on our website as so-called iFrame so that they can be played directly on our website. When you visit a subpage of our website on which a video is embedded, a connection is estab-lished to the Vimeo servers and the video is displayed within the website. This transmits to Vimeo which website you have visited. Your IP address may also be transmitted to Vimeo. If you play an embedded vid-eo, this information is also passed on to Vimeo. If you are logged in as a Vimeo user, Vimeo assigns this data to your user account. You can find more information on data protection at Vimeo at vimeo.com/privacy.

16.2 Purpose

The processing is done in order to show you videos on our website.

16.3 Legal basis

The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR). Our legitimate interest lies in the purpose named in the paragraph.

16.4 Recipients and transmission to third countries

By integrating Vimeo videos, personal data may be transmitted to Vimeo LCC. Vimeo also processes data in the USA.

17. SOUNDCLOUD

17.1 Description of processing

Our website uses services from “Soundcloud”, a platform for audio material operated by SoundCloud Lim-ited, Rheinsberger Str. 76/77, 10115 Berlin, Germany. We use Soundcloud by embedding individual audio files or playlists from the platform on our website as so-called iFrame so that they can be played directly on our website. When you visit a subpage of our website on which an audio file is embedded, a connection is established to the Soundcloud servers and the audio file is displayed within our website. This transmits to Soundcloud which website you have visited. Your IP address may also be transmitted to Soundcloud. If you play an embedded audio file, this information is also passed on to Soundcloud. If you are logged in as a Soundcloud user, Soundcloud assigns this data to your user account. Further information on data protec-tion at Soundcloud can be found at soundcloud.com/pages/privacy.

17.2 Purpose

The processing takes place in order to be able to embed playable audio files or playlists from Soundcloud on our website.

17.3 Legal basis

17.4 Recipient

Using the Soundcloud service, personal data may be transmitted to the company SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany.

18. SPOTIFY

18.1 Description of processing

Our website uses plugins from “Spotify” an audio streaming platform operated by Spotify AB, Birger Jarls-gatan 61, 113 56 Stockholm, Sweden. An overview of the Spotify plugins can be found at: develop-er.spotify.comWe use Spotify by embedding individual audio files, albums or playlists from the platform on our website as a so-called iFrame, so that they can be played directly on our website as a stream. When you visit a sub-page of our website on which a Spotify plug-in is embedded, a connection is established to the Spotify servers and the plug-in is displayed within our website. This transmits to Spotify which website you have visited. Your IP address may also be transmitted to Spotify. If you play an embedded audio file, album or playlist, this information is also transmitted to Spotify. If you are logged in as a Spotify user, Spotify will associate this data with your user account. If you do not want Spotify to associate your visit to our website with your Spotify user account, please log out of your Spotify user account. Further information on Spotify’s data protection can be found at www.spotify.com/de/legal/privacy-policy.

18.2 Purpose

The processing takes place in order to be able to embed playable audio files, albums or playlists from Spoti-fy on our website.

18.3 Legal basis

The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR). Our legitimate interest lies in the purpose stated in para. 18.2.

18.4 Recipients and transfer to third countries

By using the Spotify service, personal data may be transferred to the company Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden. Spotify also processes this data on servers outside the EU.

19. PODIGEE

19.1 Description of the processing

Our website uses services from “Podigee”, a podcast platform operated by Podigee GmbH, Schlesische Straße 20, Berlin, Germany. We use Podigee by embedding individual podcasts or episodes from the plat-form on our website via a script. A Podigee player is output via which the podcasts or their episodes can be played directly on our website. When you visit a subpage of our website on which the Podigee podcast player is embedded, a connection to the Podigee servers is established and the podcast file is displayed within our website. This transmits to Podigee which website you have visited. Your IP address may also be transmitted to Podigee. If you play an embedded podcast file, this information will also be passed on to Podigee. Further information on data protection at Podigee can be found at www.podigee.com/de/about/privacy.

19.2 Purpose

The processing takes place in order to be able to integrate playable podcasts or podcast episters from Podi-gee on our website.

19.3 Legal basis

20. FACEBOOK PIXEL

20.1 Description of processing

Our website uses the remarketing service “Facebook Pixel”, which is operated by Facebook Inc., 1601 S. Cali-fornia Ave, Palo Alto, CA 94304, USA (“Facebook”). The “Facebook Pixel” enables us to display advertise-ments on the social network that are targeted to those Facebook users who have shown interest in our offer – e.g. through a previous visit to our website. With the help of the “Facebook Pixel”, we can also track and evaluate the effectiveness and reach of our advertising on Facebook by recording whether Facebook users interact with our advertisements on the social network by clicking on the advertisements to be redi-rected to our website. When you visit our website, a connection is therefore established to the Facebook servers and the “Facebook pixel” is embedded in our website. In addition, Facebook may store a cookie on your terminal device (see above para. 8.). If you are logged in to Facebook or log in to Facebook later, your visit to our website will be assigned to your user account. The data collected about you by means of the “Facebook Pixel” is anonymous for us. They do not provide us with any information about your person. However, it is possible for Facebook to establish a connection to your user profile. Data processing by Face-book is carried out in accordance with the company’s data policy, which can be found at www.facebook.com/policy.php.

20.2 Purpose

The processing takes place in order to carry out targeted online advertising for our own offers and to be able to evaluate its effectiveness and reach.

20.3 Legal basis

The processing is based on consent pursuant to Art. 6 (1) lit. a GDPR. This is obtained by us via the consent tool (see para. 8.1). Such consent is voluntary.

20.4 Storage period and right to object, revocation of consent

We have explained the storage period, as well as your control and setting options for cookies/tracking pix-els in para. 8.. You can revoke the consent you have given with regard to the data collection by the “Face-book Pixel” and the use of your data for the display of Facebook ads at any time in the settings of the Con-sent Tool with effect for the future. www.facebook.com/settings?tab=ads You can also object to the data collection by the “Facebook Pixel” and the use of your data for the display of Facebook ads to Facebook at any time. Thus, you can decide within the settings of your Facebook account at www.facebook.com/settings?tab=ads which types of advertisements are displayed to you on Facebook.

20.5 Recipients and transmission to third countries

By integrating the “Facebook Pixel”, personal data may be transmitted to Facebook. Facebook also process-es your personal data in the USA.

21. GOOGLE ADS CONVERSION

21.1 Description of the processing

Our website uses the advertising service “Google Ads Conversion”, which is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4. Ireland (hereinafter referred to as “Google”). With the help of Google Ads Conversions, we can place advertisements on external websites in order to draw your atten-tion to our offers there. In addition, the service enables us to determine the reach and success of individual advertising measures. Our advertisements are delivered by Google via so-called “ad servers”. For this pur-pose, Google uses so-called “Ad Server” cookies, which are used to measure certain parameters for measur-ing success, such as the display of ads or clicks by users. If you access our website via a Google ad, a cookie will be stored by Google Ads in your end device (see para. 8.). According to Google, these cookies are not intended to identify you personally. The unique cookie ID, number of ad impressions per placement (fre-quency), last impression (relevant for post-view conversions) and opt-out information (marking that the user no longer wishes to be addressed) are usually stored as analysis values for this cookie. The cookies enable Google to recognise your internet browser. If you visit websites of a Google Ads customer and the cookie stored on your end device has not yet expired, Google and the customer can recognise that you clicked on the ad and were redirected to our website. A different cookie is assigned to each Google Ads customer. Cookies can therefore not be tracked via the websites of Google Ads customers. We ourselves do not process any personal data with our Google Adwords advertising measures. Google only provides us with statistical evaluations. These evaluations enable us to see which of the advertising measures used are par-ticularly effective. We do not receive any further data from the use of the advertising media; in particular, we cannot identify users on the basis of this information. When you visit our website, a connection is there-fore established to the Google servers. We have no influence on the scope and further use of the data col-lected by Google through the use of Google Ads Conversion and therefore inform you according to our state of knowledge: Through the integration of Google Ads Conversion, Google receives the information which subpage of our website you have called up or clicked on an advertisement from us. If you are registered with a Google service, Google can assign the visit to your account. Even if you are not registered with Google or have not logged in, it is still possible for Google to obtain and store your IP address.

Further information on data protection at Google can be found here: policies.google.com/privacy?hl=en and services.google.com/sitestats/de.html.

21.2 Purpose

The processing takes place in order to carry out targeted online advertising for our own offers and to be able to evaluate its effectiveness and reach.

21.3 Legal basis

The processing is based on consent pursuant to Art. 6 (1) lit. a GDPR. This is obtained by us via the consent tool (see para. 8.1). Such consent is voluntary.

21.4 Storage period and right of objection, revocation of consent

We have explained the storage period, as well as your control and setting options for cookies, in para. 8. explained. You can also object to data processing by Google Ads Conversion at any time via the following website: www.google.com/ads/preferences. You can revoke your consent to data collection by Google Ads Conversion at any time in the settings of the consent tool with effect for the future.

21.5 Recipients and transmission to third countries

By integrating Google Ads Conversion, personal data may be transmitted to Google. Google also processes your personal data in the USA.

22. DONATION

22.1 Description of the processing

You can donate money on our website as part of our Corona aid programme. You can transfer your dona-tion to our donation account or via PayPal or the integrated crowdfunding service Startnext. The data re-quired for the payment will then be passed on to the respective payment service provider.

22.2 Purpose

The processing is carried out to process the donation payment and to issue you with a donation receipt on request in the case of donations over EUR 200.

22.3 Legal basis

The processing is necessary for the handling and issuing of a donation receipt (Art. 6 para. 1 lit. b GDPR).

22.4 Storage period

Due to commercial and tax law requirements, we are obliged to store your address and payment data for a period of ten years. However, we restrict processing after two years. This means that your data will then only be stored separately for compliance with the statutory retention periods and will be erased immedi-ately after their expiry.

22.5 Receiver

In order to process your donation, personal data will be passed on to the payment service provider PayPal or the crowdfunding platform Startnext: PayPal: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For more information on PayPal’s privacy policy, please visit https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE. Startnext Crowdfunding GmbH, Grundstraße 1, 01326 Dresden. Further information on data protection at Startnext can be found at https://www.startnext.com/info/agb/datenschutz.html1.

23. CLUB DATABASE

23.1 Description of the processing

The data of music venues are stored separately in our club database. Personal data here are: First name/last name of the contact nominee, e-mail and telephone number.

23.2 Purpose

The club database is created and maintained to get an overview of the club landscape and to identify new funding needs. It is also used to make contact in order to conduct surveys on the situation of music venues and to inform music venues about new funding opportunities. If a survey is carried out, contact can also be made by the respective contractor of the Initiative Musik. The data will be analysed in accordance with data protection regulations, so that it is no longer possible to draw conclusions about the participants in the survey.

23.3 Legal basis

Your data will only be processed in the club database with your consent (Art. 6 para. 1 lit. aI a (DS-GVO)).

23.4 Storage period

The data in the club database will be erased if they are incorrect (e.g. because the music venue no longer exists or there has been a change of operator) or if you withdraw your consent.

V. Security measures

24. Security measures

To protect your personal data from unauthorised access, we have provided 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 end device. You can recognise active SSL or TLS encryption by a small lock logo that is displayed on the far left of the browser’s address bar.

VI. Your rights

25. Rights concerned

25.1 Right of access (Art. 15 GDPR)

You have the right to ask us to confirm whether we are processing personal data concerning you. If this is the case, you have the right, under the conditions set out in Art. 15 GDPR, to access this personal data and the other information listed in Art. 15 GDPR.

25.2 Rectification (Art. 16 GDPR)

You have the right to ask us to correct incorrect personal data concerning you and, if necessary, to complete incomplete personal data without delay.

25.3 Erasure (Art. 17 GDPR)

You have the right to demand that we erase any personal data relating to you immediately if one of the reasons listed in Art. 17 GDPR applies, e.g. if your data is no longer required for the purposes we pursue.

25.4 Restriction of data processing (Art. 18 GDPR)

You have the right to ask us to limit the processing if one of the conditions listed in Art. 18 GDPR is met, e.g. if you dispute the accuracy of your personal data, the data processing will be limited for the time necessary to allow us to verify the accuracy of your data.

25.5 Data portability (Art. 20 GDPR)

You have the right, subject to the conditions set out in Art. 20 GDPR, to demand the surrender of the data concerning you in a structured, common and machine-readable format.

25.6 Withdrawal of consent (Art. 7 para. 3 GDPR)

You have the right to withdraw your consent at any time in the event of processing based on consent. The withdrawal is valid from the time of its assertion. In other words, it is effective for the future. In other words, the withdrawal of consent does not make the processing unlawful with retroactive effect.

25.7. Complaints (Article 77 GDPR)

If you believe that the processing of personal data concerning you is in breach of the GDPR, you have the right to complain to a supervisory authority. You can exercise this right before a supervisory authority in the EU Member State in which you are resident, in your place of work or in the place where the suspected breach occurs.

25.8 Restraint on automated decisions/profiling (Art. 22 GDPR)

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

25.9 Objection (Art. 21 GDPR)

If we process your personal data on the basis of Art. 6 Para. 1 letter f GDPR (to safeguard overriding legiti-mate interests), you have the right to object to this under the conditions set out in Art. 21 GDPR. However, this only applies insofar as there are reasons arising from your particular situation. Following an objection, we will no longer process your personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms. Nor do we have to stop processing if it serves to assert, exercise or defend legal claims. In any case – also irrespective of any special situation – you have the right to object at any time to the processing of your personal data for direct marketing purposes.

Status: November 2023