Data protection declaration
We are very pleased about your interest in our company. The management of MUSICA LIVE attaches great importance to data protection. A use of the internet pages of MUSICA LIVE is basically possible without any indication of personal data. However, if a person concerned would like to use special services of our company via our website, it might be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
MUSICA LIVE, as data controller, has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
The data protection declaration of MUSICA LIVE is based on the terminology used by the European Directive and Regulation Giver when the Basic Data Protection Regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations, carried out with or without the aid of automated means, concerning personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the job performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or change of location of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller h4>
Controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or by the law of the Member States, the controller or the specific criteria for his nomination may be provided for by Union law or by the law of the Member States.
h) Job processor
Processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.
The recipient is a natural or legal person, authority, institution or other body to whom personal data is disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the course of a specific investigative mission under Union or national law shall not be considered as recipients.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent is any freely given, informed and unequivocal expression of will by the data subject in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is
By using cookies, MUSICA LIVE can provide the users of this website with more user-friendly services, which would not be possible without the setting of cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
4. collection of general data and information
The website of MUSICA LIVE collects a number of general data and information with every visit to the website by a person concerned or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
When using these general data and information, MUSICA LIVE does not draw conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement agencies in case of a cyber attack with the necessary information for prosecution. These anonymously collected data and information are therefore statistically evaluated by MUSICA LIVE on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. contact possibility via the internet page
Due to legal regulations, the website of MUSICA LIVE contains information that enables a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller are stored for the purposes of processing or contacting the data subject. This personal data is not disclosed to third parties.
6. routine deletion and blocking of personal data
The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if this is provided for by the European Directive and Regulation Giver or another legislator in laws or regulations to which the data controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with legal requirements.
7. rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our Data Protection Officer or any other employee of the data controller.
b) Right to information
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to obtain at any time and free of charge information from the data controller about the personal data stored about him and a copy of this information. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- if the personal data is not collected from the data subject: All available information about the origin of the data
- Furthermore, the data subject has the right of information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.If a data subject wishes to exercise this right of access, he or she may at any time contact our data protection officer or any other employee of the data controller.
c) Right to correction
Every person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the immediate rectification of incorrect personal data concerning him. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact our data protection officer or any other employee of the data controller.
d) Right of deletion (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate deletion of personal data concerning him/her, if one of the following reasons applies and if the processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- If one of the above reasons applies and a data subject wishes to have personal data stored at MUSICA LIVE deleted, he/she can contact our data protection officer or another employee of the data controller at any time. The data protection officer of MUSICA LIVE or another employee will arrange for the deletion request to be complied with immediately.If the personal data have been made public by MUSICA LIVE and our company as the responsible person is obliged to delete the personal data according to art. 17 paragraph 1 DS-GVO, MUSICA LIVE will take reasonable measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data, that the data subject has requested from these other data controllers the deletion of all links to these personal data or of copies or replications of these personal data, unless the processing is necessary. The data protection officer of MUSICA LIVE or another employee will arrange the necessary in individual cases.
e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the purpose of asserting, exercising or defending legal claims.
- The data subject has lodged an objection to the processing in accordance with Art. 21 (1) of the DPA and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is given and a data subject wishes to request the restriction of personal data stored at MUSICA LIVE, he/she can contact our data protection officer or another employee of the person responsible for processing at any time. The data protection officer of MUSICA LIVE or another employee will arrange for the restriction of the processing.
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 paragraph 1 letter a DPA or Art. 9 paragraph 2 letter a DPA or on a contract pursuant to Art. 6 paragraph 1 letter b DPA and that the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In addition, when exercising their right to data transfer pursuant to Art. 20 Paragraph 1 DS-GVO, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact the data protection officer appointed by MUSICA LIVE or another employee at any time.
g) Right of appeal
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Art. 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, MUSICA LIVE will no longer process the personal data, unless we can prove compelling reasons for processing worthy of protection, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If MUSICA LIVE processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to MUSICA LIVE processing for the purposes of direct advertising, MUSICA LIVE will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at MUSICA LIVE for scientific or historical research purposes or for statistical purposes in accordance with Art. 89, paragraph 1 of the DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may directly contact the data protection officer of MUSICA LIVE or another employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated decisions in individual cases including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or the fulfilment of a contract between the data subject and the person responsible or (2) is made with the express consent of the data subject, MUSICA LIVE will take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, which at least include the right to obtain the intervention of a person on the part of the person responsible, to present its own standpoint and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact our Data Protection Officer or any other member of the staff of the controller.
i) Right of revocation of a data protection consent
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to revoke consent, he or she may contact our Data Protection Officer or any other employee of the data controller at any time.
The data controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, if a data subject lives outside the USA or Canada.
Each time the data controller calls up one of the individual pages of this Internet site, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.
If the person concerned is logged on to Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the data subject clicks on one of the Facebook buttons integrated on our website, for example the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook receives information via the Facebook component that the data subject has visited our website whenever the data subject is logged in to Facebook at the same time when he or she accesses our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.
The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transfer to Facebook.
The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to disseminate such data on other social networks.
Betreibergesellschaft der Dienste von Instagram ist die Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time the data subject accesses any of the individual pages of this Internet site operated by the data controller and on which an Instagram component (Insta button) has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the relevant Instagram component to download a representation of the relevant component of Instagram. As part of this technical process, Instagram is informed which specific page of our website is visited by the data subject.
If the person concerned is logged on to Instagram at the same time, Instagram recognizes which specific subpage is visited by the person concerned each time the person calls up our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information transferred with it is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.
Instagram will receive information through the Instagram component that the person has visited our website if the person is logged in to Instagram at the same time as he or she visits our website, regardless of whether the person clicks on the Instagram component or not. If the data subject does not want this information to be sent to Instagram, the data subject can prevent this information from being sent by logging out of his/her Instagram account before accessing our website.
The data controller has integrated YouTube components into this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television broadcasts, but also music videos, trailers or videos created by users themselves can be accessed via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time the data subject accesses any of the individual pages of this website operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the relevant YouTube component to download a representation of the relevant YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. In the course of this technical procedure, YouTube and Google are informed which specific subpage of our website is visited by the person concerned.
If the person concerned is logged on to YouTube at the same time, YouTube recognizes which specific subpage of our website the person concerned is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website whenever the data subject is logged on to YouTube at the same time when he or she visits our website, regardless of whether or not the data subject clicks on a YouTube video. If the data subject does not wish this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before visiting our website.
11 Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company was injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO.
Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).
12. legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
13. duration for which personal data is stored
The criterion for the duration of storage of personal data is the respective legal retention period. After this period has expired, the corresponding data is routinely deleted if it is no longer required for the fulfillment or initiation of a contract.
14. legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner).
Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded.
Before the person concerned provides personal data, he or she must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
15. existence of an automated decision-making process
As a responsible company, we avoid automatic decision making or profiling.
This privacy statement was created by the Privacy Statement Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Commissioner Munich, in cooperation with the Lawyer for Data Protection Law Christian Solmecke.