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Welcome to Bouncy!

Bouncy is a platform where you can support artists, get access to exclusive content and get in touch with the artists.

In this privacy notice, we, Bouncy Music GmbH, (“Bouncy“, “we“) wish to inform visitors to our website (“Website Visitors“) www.bouncyapp.com (“Bouncy Website“), as well as users who register with Bouncy (“Users“, “you”)  via the Bouncy Website or the Bouncy App (“Bouncy Platform“), or who wish to use the Bouncy Platform as an artist (“Artist“, “you“), about the nature, scope and purpose of the processing of personal data and about the rights to which you are entitled, insofar as you are a “data subject” within the meaning of Article 4 No. 1 of the EU General Data Protection Regulation (GDPR).

The Bouncy Website is publicly accessible with a standard web browser. The Bouncy Platform is only accessible after registration. This can be done via the Bouncy Website or the Bouncy App. Both are simply different ways to access the Bouncy Platform and are therefore treated in the same way below.

 

1.      Who is responsible for data processing? Who can I contact?

The responsible body („Controller“ as per the GDPR) is:

Bouncy Music GmbH

Lohmühlenstraße 65

12435 Berlin

www.bouncyapp.com
hi@bouncyapp.com

“bouncy. ” is a name owned by Bouncy Music GmbH which is used for the website www.bouncyapp.com as well as for the platform which is accessible via the website www.bouncyapp.com or the app “Bouncy”.

Contact details can also be found in the imprint of the Bouncy website.

If you have any questions about the privacy notice, please contact:

Bouncy Music GmbH

Lohmühlenstraße 65

12435 Berlin

privacy@bouncyapp.com

The supervisory authority responsible for us is:

Berlin Commissioner for Data Protection and Freedom of Information
Friedrichstraße 219
10969 Berlin

Phone: +49 (0) 30 13889-0

Fax: +49 (0) 30 2155050

E-mail: mailbox@datenschutz-berlin.de.

The authority also offers a complaint form.

 

2.      General information on the processing of personal data by us

2.1      Scope of the processing

We collect and use personal data only to the extent necessary to provide the Bouncy Website. Only if you decide to register with the Bouncy Platform as a User or Artist, we process additional personal data in the course of registration and use of the Bouncy Platform. This is, as a rule, only done

  • with your consent, insofar as we obtain such consent, or
  • if the processing is necessary for the purposes of the initiation or performance of a contract, or
  • if we are legally obliged to do so, for example in order to comply with a statutory right to information, or
  • if the processing is necessary to protect our legitimate interests, unless these are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.

An exception is made in cases where it is not possible for us to obtain prior consent for factual reasons, or where the processing of the data is permitted by law.

 

2.2      Legal basis

Insofar as we obtain consent for the processing of personal data, Art. 6 (1) sentence 1 lit. a GDPR serves as the legal basis for the processing of personal data.

When processing personal data that is necessary for the performance of a contract, or for the implementation of pre-contractual measures or for the initiation of such contract, Art. 6 (1) sentence 1 lit. b GDPR is the legal basis. This is the case, for example, if you register with us as a User or as an Artist.

If the processing of personal data is necessary for the fulfilment of a legal obligation to which we are subject, Art. 6 (1) sentence 1 lit. c GDPR is the legal basis.

If the processing is necessary to protect our legitimate interests or those of a third party, and if our interest outweighs your interests, fundamental rights and freedoms that require the protection of personal data, Art. 6 (1) sentence 1 lit. f GDPR is the legal basis.

 

2.3      Consents and right of withdrawal

We usually obtain consent electronically in accordance with Art. 6 (1) sentence 1 lit. a GDPR. Consent is usually declared by checking a corresponding field for the purpose of documenting the granting of consent, or by clicking on a corresponding selection field. The content of the declaration of consent is recorded electronically. You are welcome to request the content of the declaration(s) of consent that you have given in each case via the contact options given under sec. 1

In the case of electronic consent, the so-called “double opt-in procedure” is used, see also sec. 5.1. It serves to prevent improper registrations by third parties. In this process, a link is sent to the e-mail address you provided. Only when you confirm that you have given your consent by clicking on the link does the consent become effective. The circumstances of the e-mail dispatch and the confirmation click are logged.

You can revoke your consent in full or in part at any time with effect for the future. If another legal basis applies to the processing of your data, you can object to the processing of your data at any time. It is best to send any revocation or objection electronically to the contact details given in sec. 1 or to the other contact options provided by us. To delete your account, you can also use the corresponding function offered on the Bouncy Platform.

In the event of a revocation or objection, we can no longer provide the Bouncy Platform to you. Therefore, the implementation of the revocation or objection is only possible by terminating the contract between us and you, as User or Artist, and by deleting your account. The lawfulness of processing that took place on the basis of consent up to the revocation or objection remains unaffected by this.

 

2.4      Recipients of personal data

In order to provide the Bouncy Website and the Bouncy Platform, we work with third parties who constitute “recipients” within the meaning of the GDPR.

If these third parties act on our behalf and according to our instructions (so-called “processors“), the legal basis of the processing is Art. 28 GDPR and the contract concluded by us with the processor. In this case, we ensure that the processor provides sufficient guarantees that appropriate data security measures are in place, that the processing is carried out in accordance with the requirements of the GDPR, and that the protection of data subjects is ensured.

If personal data is transferred to third parties other than under a processing agreement, this is only done in accordance with the GDPR and only if there is a corresponding legal basis (see sec. 2.2). This may be the case, for example, if we cooperate with a payment institution for the processing of payments and transmit the data concerning a payment for this purpose. If such a transfer takes place, this will be expressly indicated in the following information, stating the respective legal basis, and the recipient or a category of recipients will be named.

You are welcome to request further information about the processors and other cooperation partners we use from us. Please feel free to contact us via the contact options specified in sec. 1.

 

2.5      Processing of data in so-called third countries

Your personal data is generally processed within the European Union (EU) or the European Economic Area (EEA). Exceptionally, e.g. when we use service providers, data is transferred to so-called “third countries”, i.e. countries outside the EU and/or the EEA, in which an adequate level of data protection in accordance with the EU standard cannot be assumed without further ado.

If there is no “adequacy decision” of the European Commission for the third country, which establishes an adequate level of data protection for the third country, we take appropriate measures before such a transfer so that an adequate level of data protection is guaranteed at the respective recipient in the third country. This can be done, for example, by using the so-called “EU standard contractual clauses”. We will be happy to provide you with further information on third countries and the measures we have taken upon request; the contact details can be found in sec. 1.

 

2.6      Data deletion and storage period

We delete personal data as soon as the purpose of the processing no longer applies. As an exception, we may store the data for longer if:

  • we are obliged to do so due to legal or official regulations or measures, e.g. if the data, such as billing data, falls within the scope of statutory retention obligations.
  • we have a legitimate interest in storing the data which outweighs your interest in deletion, e.g. if the data is needed to collect outstanding debts.

Deletion shall then take place in the ordinary course of business after the longest running reason for retaining the data has expired.

 

2.7      Rights of a data subject

The GDPR grants you certain rights as a person affected by the processing of personal data (“Data Subject” as per the GDPR). If you would like to make use of one or more of these rights, you can contact us at any time; the contact options can be found under sec. 1. The data subject rights are explained in more detail in sec. 16.

 

3.      Provision of personal data

The provision of personal data is partly technically necessary (see sec. 4 and 5), partly we need the data for the registration as a User (sec. 6) or Artist (sec. 7). If you do not provide us with this personal data during registration, we cannot provide you with the services of the Bouncy Platform.

If you make use of offers that are subject to a charge, the payment institution commissioned by us will collect further personal data from you, for example in order to be able to carry out a legally required risk assessment.

 

4.      Data processing when visiting the Bouncy website

4.1      Description and scope of data processing

Each time you access a page of the Bouncy Website, our system automatically collects data and information from the device from which you accessed the content. The following data is collected (hereinafter “Log Data“):

  • Information about the type of browser and the version used (so-called “user agent”);
  • the operating system;
  • the Internet service provider through which you access the Internet;
  • the IP address of your device;
  • Date, time and duration of access;
  • Website from which you have accessed the Bouncy website (so-called “referrer”);
  • Website you go to from the Bouncy website.

As a rule, the Log Data does not allow a personal reference to be made to you. This can only be established by assigning or linking the Log Data to the respective user of an IP address. This data is generally not available to us.

 

4.2      Purpose of the data processing

The Log Data is collected and processed for the purpose of providing the content of the Bouncy Website. This also requires the temporary storage of the IP address. This is required for addressing the data traffic between your computer system and our web server and is necessary for using the Bouncy Website. Further processing and storage of log data is only carried out for the purpose of ensuring the functionality of the Bouncy Website, for the purpose of securing access, for optimising our offers and for ensuring the security of our information technology systems.

 

4.3      Legal basis

The legal basis for the collection and processing of Log Data is Art. 6 (1) sentence 1 lit. b GDPR (contract performance and initiation).

The legal basis for storing log data beyond the provision of the Bouncy website is Art. 6 (1) sentence 1 lit. f GDPR (protection of legitimate interests).

 

4.4      Data deletion and storage period

Log Data is usually deleted when the respective visit to the Bouncy Website has ended. If we store Log Data for the purpose of system security, this is done for a maximum period of thirty-five (35) days from the end of the page access. In all other respects, sec. 2.6 applies.

 

4.5      Right to object the processing, right to request removal

The collection of Log Data for the provision of the Bouncy Website including their storage in log files within the aforementioned limits is mandatory for the operation of the Bouncy Website. Therefore, there is no possibility to object.

 

5.      Data processing during registration for the Inner Circle

5.1      Description and scope of data processing

If you would like to take advantage of the “Inner Circle” (“Newsletter“) offered by us, we require a valid e-mail address and your name.

In order to be able to check whether you are the owner of the specified e-mail address or whether its owner agrees to receive the newsletter, we send an automated e-mail to the specified e-mail address after the first registration step. Only after confirmation of the newsletter registration via a link in the confirmation e-mail (so-called double opt-in) do we include the specified e-mail address, as well as your name, in our distribution list. In addition, we store the circumstances of the confirmation of the double opt-in. These are the confirmation e-mail as well as the log data valid at the time of the confirmation of the registration (sec. 4.1), which are linked to your e-mail address and your name.

 

5.2      Purpose of the data processing

The data is processed only to register you for the newsletter, to send the newsletter and to inform you about changes and news of our services.

 

5.3      Legal basis

The legal basis for receiving the e-mails is Art. 6 (1) sentence 1 lit. a GDPR (consent), which you have given us by ordering the newsletter.

The legal basis for the collection and processing of log data is Art. 6 (1) sentence 1 lit. b GDPR (contract performance and initiation).

The legal basis for storing the log data and the double opt-in emails beyond the provision of the newsletter is Art. 6 (1) sentence 1 lit. f GDPR (legitimate interests). This is the case, for example, if we need to prove that we are not sending you unsolicited emails.

 

5.4      Data deletion and storage period

Subject to a deletion request, the data will be stored for as long as we need this data to send the newsletter. The deletion will take place if you unsubscribe from the newsletter, or if a newsletter is reported to us as undeliverable more than three (3) times, or if we discontinue the newsletter. In all other respects, sec. 2.6applies.

 

5.5      Right to object the processing, right to request removal

You can unsubscribe from the newsletter at any time. To do so, use the unsubscribe link provided at the end of each newsletter (“Unsubscribe” or “Abmelden”). You can also use the contact options given under sec. 1. Otherwise, sec. 2.3 applies to the revocation of consent, and sec. 2.6 applies to the objection to data processing.

 

6.      Provision of data when registering as a User

6.1      Description and scope of data processing

We process your data when you register with the Bouncy Platform as a User so that we can provide you with the desired content, which may be subject to a fee, and so that you can use the existing contact options to the Artists, if applicable. The registration can be done via the Bouncy App or the Bouncy Website. In the process, we process the following data:

  • E-mail address;
  • User ID for login, password;
  • we determine your geolocation, see also sec. 9;
  • Selection of the language of the Bouncy Platform;
  • Circumstances of registration, which are the log data (sec. 4) at the time of registration;
  • The content and circumstances of communications with Artists that occur through the Bouncy Platform.

If you want to purchase paid content or otherwise promote an artist, we also process:

  • Billing address: First and last name, postal address;
  • Amount to be settled, for the payment service provider;
  • Completed acquisition transactions, acquired content;
  • Accesses to acquired contents.

The payment service provider commissioned by us may, depending on the selected means of payment, collect further payment data related to you, e.g. a credit card number.

 

6.2      Purpose of the data processing

We use your personal data for the following purposes:

  • for the establishment, execution or termination of the user contract via the Bouncy Platform;
  • for the configuration of options, e.g. language;
  • to suggest content and Artists to you using the location data, as described in more detail in sec. 9;
  • To ensure that you receive and use Bouncy in the most effective and interesting way possible (e.g. through statistical analysis);
  • For the technical realization of Bouncy and for the monitoring of the legally and contractually compliant use (e.g. by means of user name, password);
  • To be able to provide you with support;
  • for recording the circumstances of the acquisition and use of the content, including the processing of payments;
  • To inform you about changes and news of our services.

 

6.3      Legal basis

Insofar as we process your personal data in connection with the initiation and execution of a contract, the legal basis is Art. 6 (1) sentence 1 lit. b GDPR (performance of a contract, pre-contractual measures).

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which we are subject, the legal basis is Art. 6 (1) sentence 1 lit. c GDPR (fulfilment of legal obligations).

If the processing is necessary to protect our legitimate interests or those of a third party and your interests, fundamental rights and freedoms, which require the protection of personal data, do not override our interest, the legal basis is Art. 6 (1) sentence 1 lit. f GDPR (protection of legitimate interests). This is the case, for example, if we have reason to suspect that your access is being used in an unauthorised manner or otherwise poses a risk.

 

6.4      Data deletion and storage period

Subject to a deletion request, the data will be stored for as long as we need this data to perform the contract with you for the provision of the Bouncy Platform. We will also delete your data if you permanently unsubscribe from the Bouncy Platform using the delete function. If we store data for a longer period of time, this is done in accordance with sec. 2.6.

 

6.5      Right to object the processing, right to request removal

You can object to the processing of your data at any time. Sec. 2.6 applies to the objection.

 

7.      Provision of data when registering as an Artist

7.1      Description and scope of data processing

We process your data when you register with the Bouncy Platform as an Artist so that you can post your content on the Bouncy Platform and offer it to Users free of charge or for a fee, and to contact Users or allow them to contact you. Registration can be done via the Bouncy App or the Bouncy Website. In doing so, we process the following data:

  • E-mail address;
  • User ID for login, password;
  • Civil name and surname, stage name;
  • Determination of location data, see also sec. 9;
  • Selection of the language of the Bouncy Platform;
  • Circumstances of registration, which are the log data (sec. 4) at the time of registration;
  • Link(s) to external services supported by the Bouncy platform, if supported, e.g. Spotify channel of the Artist;
  • Address and bank details of the payee (company, first and last name, postal address, account holder, IBAN) and VAT ID;
  • Data on the billing of paid content and communication transactions, disbursements and circumstances of payments;
  • Content, insofar as it contains personal data, and circumstances of the setting of content, i.e. Log Data (sec. 4);
  • The content and circumstances of communications with users that occur through the Bouncy Platform;
  • assigned key account holder as well as the content and circumstances of the communication (Log Data, sec. 4) between you and us.

 

7.2      Purpose of the data processing

We use your personal data for the following purposes:

  • for the establishment, execution or termination of the user contract via the Bouncy Platform;
  • for the configuration of options, e.g. language;
  • To show you Users in your vicinity, e.g. your location data;
  • To ensure that you receive and use Bouncy in the most effective and interesting way possible, for example through statistical analysis;
  • For the technical realization of Bouncy and for the monitoring of the legally and contractually compliant use (e.g. by means of user name, password);
  • To prove, account for and pay out your income and to account for our services (e.g. VAT ID, address);
  • To be able to provide you with a key account manager and other support;
  • To inform you about changes and news of our services.

 

7.3      Legal basis

Insofar as we process your personal data in connection with the initiation and execution of a contract, the legal basis is Art. 6 (1) sentence 1 lit. b GDPR (performance of a contract, pre-contractual measures).

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which we are subject, the legal basis is Art. 6 (1) sentence 1 lit. c GDPR (fulfilment of legal obligations).

If the processing is necessary to protect our legitimate interests or those of a third party and your interests, fundamental rights and freedoms, which require the protection of personal data, do not override our interest, the legal basis is Art. 6 (1) sentence 1 lit. f GDPR (protection of legitimate interests). This is the case, for example, if we have reason to suspect that your access is being used in an unauthorised manner or otherwise poses a risk.

 

7.4      Data deletion and storage period

Subject to a deletion request, the data will be stored for as long as we need this data to perform the contract with you for the provision of the Bouncy Platform. We will also delete your data if you permanently unsubscribe from the Bouncy Platform using the delete function. If we store data for a longer period of time, this is done in accordance with sec. 2.6.

 

7.5      Right to object the processing, right to request removal

You can object to the processing of your data at any time. Sec. 2.6 applies to the objection.

 

8.      Disclosure of data to payment service providers

We transmit payment-related data to the payment service providers commissioned by us if you wish to obtain paid content or promote an Artist via Bouncy, or receive remuneration for your content as an Artist, e.g. the amount. The payment service providers collect further data from you on their own responsibility, such as a credit card number.

The processing of the data is necessary to trigger the processing of the payment by the payment service provider. At no time do we receive your credit card details or access to your account. The payment service provider only informs us whether the payment was successfully processed or not. In some cases, we may forward incoming payments, including billing, to Artists.

Some payment service providers may match your data with data from credit reporting agencies in order to check your creditworthiness. Some payment service providers also require an artist to identify themselves in accordance with the German Money Laundering Act (Geldwäschegesetz, GwG) before receiving the first payment. In these cases, in order to assist in the performance of the contract, we may collect the relevant data from you. You will find guidance on this on the relevant payment service provider’s website or on the Bouncy Platform. For further information and for the assertion of your rights of objection and information, we refer to the privacy policy and general terms and conditions (GTC) of our payment service providers.

Data concerned:

  • Inventory data, e.g. name;
  • If necessary, documents for identification, such as an identity card or passport;
  • Payment data, e.g. amount, bank details, payment history;
  • Communication and metadata (e.g. IP address, information about the device or computer system).

The purpose of the processing is the lawful, effective, secure and customer-oriented provision of payment offers and the processing of payments in accordance with the contractual agreement between you and us.

Insofar as we or the payment service provider process your personal data in connection with the initiation and execution of a contract, the legal basis is Art. 6 (1) sentence 1 lit. b GDPR (performance of a contract, pre-contractual measures). For further legal bases on the basis of which the payment service provider processes your data under its own responsibility, please refer to its privacy policy, which is displayed to you during the payment process.

You can object to the transmission of personal data by us to a payment service provider at any time, sec. 2.6. In this case, we cannot offer you any paid content or you as an artist can then no longer offer paid content. Despite the objection, the payment service provider remains entitled to process, use and transmit the personal data that is absolutely necessary for a contractual payment processing that has already begun before receipt of the objection. With regard to the storage and timely deletion of personal data, we refer to the respective data protection provisions of the payment service provider.

We use the following payment service providers:

  • Apple
    • Service Provider: Apple, Inc, 1 Apple Park Way Cupertino, California, 95014-0642 United States.
    • Website: privacy.apple.com
    • Privacy Policy: https://www.apple.com/legal/privacy/de-ww/
  • Google
    • Service Provider: Google Inc, 1600 Amphitheatre Parkway. Mountain View, CA 94043, USA. (650) 253-0000
    • Website: https://www.google.com
    • Privacy Policy: https://policies.google.com/privacy?hl=de
  • PayPal
    • Service Provider: PayPal (Europe) S.à.r.l. et Cie., S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg
    • Website: https://www.paypal.com/de/webapps/mpp/home
    • Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full#
  • Stripe
    • Service Provider: Stripe Inc, 510 Townsend Street, San Francisco, CA 94103, USA
    • Website: https://stripe.com/de
    • Privacy Policy: https://stripe.com/de/privacy

 

9.      Determining your approximate location

When you use the Bouncy Platform, we determine your approximate location, e.g. city, state, country, via the IP address you use (see Log Data, sec. 4). A precise query, for example by means of GPS, does not take place. How often the location is determined depends on the intensity of use and on which functions of the Bouncy Platform you use. Your approximate location is temporarily stored on your device so that we can show you, as a user, profiles of artists in your wider area, and so that you, as an artist, can determine approximately where your users are accessing your content from.

Without the approximate determination of the location, a full use of the Bouncy platform is not possible.

 

10.    Cloud services

We use cloud services in particular

  • for the provision of the Bouncy Website;
  • to provide the Bouncy Platform;
  • for the storage and processing of content that we offer you via Bouncy;
  • to send notifications by e-mail or to exchange files of any kind, including content such as thumbnails, snippets, movie previews, etc;
  • for our internal and external communication, also as far as it concerns the users, for example by means of e-mail, chats, audio and video conferences;
  • for our internal organizational processes such as appointment management, presentations, spreadsheets.

The service providers named below provide us with their systems (hardware and software) as a so-called cloud service via the Internet. As far as you provide us with your data as described in the remaining part of this privacy policy, we process them on the cloud services provided to us by our service provider, in particular your data is stored at the cloud service. The cloud service providers process usage and metadata of their users to secure their servers as well as to optimize their services. Insofar as you access data that we make available publicly or for the users registered with us by means of a cloud service files of any kind, including content, the respective provider of the cloud service may analyse your usage behaviour or your browser settings.

We would like to point out that, depending on the country of domicile of the service provider named below, the data named in more detail below may be transferred to and processed on servers outside the area of the European Union. In this case, there is a risk that the level of data protection prescribed by the GDPR will not be complied with and that the enforcement of your rights will not be possible or will be difficult. If the service provider we use offers to process the data exclusively within the EU, we intend – if currently not already implemented anyway – to process your data exclusively there. If this is not the case, we will take measures to ensure permissible processing, see sec. 2.5.

Data concerned:

  • the data referred to in sec. 4 (Bouncy Website), 5 (Inner Circle), 6 (Bouncy Users) and 7 (Bouncy Artists);
  • Data in the content that you as a User are given access to through us, or that you as an Artist post, such as photos, videos, texts, or that you generate through the use of the Bouncy Platform, in particular the messaging function;
  • Usage data, e.g. who used which content and how often;
  • Metadata, as far as not already covered by the log data (sec. 4);
  • Data on interested parties, communication partners, employees (e.g. job applicants, current and former employees), who do not belong to the groups mentioned in sec. 4 (Bouncy Website), 5 (Inner Circle), 6(Bouncy Users) and 7 (Bouncy Artists).

The legal basis for the processing of the data mentioned in sec. 4 (Bouncy Website), 5 (Inner Circle), 6 (Bouncy User) and 7 (Bouncy Artist) is determined by the legal bases mentioned there. For the rest, the following applies: insofar as we process your personal data in connection with the initiation and execution of a contract, the legal basis is Art. 6 (1) sentence 1 lit. b GDPR (fulfilment of a contract, pre-contractual measures). Insofar as processing of personal data is necessary for the fulfilment of a legal obligation to which we are subject, the legal basis is Art. 6 (1) sentence 1 lit. c GDPR (fulfilment of legal obligations). Otherwise, the legal basis is Art. 6 (1) sentence 1 lit. f GDPR (legitimate interests).

Cloud service providers used:

  • Amazon Web Services, Inc. (AWS)
    • Service Provider: Amazon Web Services, Inc, 410 Terry Avenue North, Seattle WA 98109, United States.
    • Website: https://aws. amazon. com
    • Privacy Policy: https://aws.amazon.com/de/privacy

 

11.    Content services, content delivery networks

We use a content delivery network (CDN) to deliver Bouncy. A CDN is a network of regionally distributed servers connected via the Internet. The CDN provides scaling storage and delivery capacity. This optimizes the loading times of our website and the content available via Bouncy and ensures optimal data throughput even during large load peaks. User requests to the Bouncy platform are routed via servers of the CDN. Statistics are generated from these data streams. On the one hand, this serves to detect potential threats to the Bouncy platform at an early stage and, on the other hand, to continuously improve our offer and to make our internet pages more user-friendly for you as a user.

We would like to point out that, depending on the country of domicile of the service provider mentioned below, the data collected via the service may be transferred and processed outside the area of the European Union. In this case, there is a risk that the level of data protection prescribed by the GDPR will not be complied with and that the enforcement of your rights will not be possible or will be difficult. If the service provider we use offers to process the data exclusively within the EU, we intend – if currently not already implemented anyway – to process your data exclusively there. If this is not the case, we will take measures to ensure permissible processing, see sec. 2.5.

Data concerned:

  • Content data (e.g. posts, photos, videos);
  • Usage data (e.g. access times, web pages clicked on);
  • Communication data, e.g. information about the device used, IP address);
  • Purpose of processing: technical optimisation of the website, analysis of errors and user behaviour;

The legal basis of the processing is Art. 6 (1) sentence 1 lit. f GDPR (protection of legitimate interests).

CDN service providers used:

  • Cloudflare
    • Service Provider: Cloudflare Inc, 101 Townsend St, San Francisco, CA 94107, USA
    • Website: https://www.cloudflare.com/
    • Privacy Policy: https://www.cloudflare.com/privacypolicy/
    • Scope of data collection: https://blog.cloudflare.com/what-cloudflare-logs/

 

12.    Use of cookies

12.1   Description and scope of data processing

Cookies are small files that your device receives and stores from our server. Cookies do not contain programs and cannot place malicious code. The characteristic string of the cookie allows you to be uniquely identified when you return to any content on the Bouncy Platform.

We use cookies and similar technologies (collectively, “Cookies“) to store information about your preferred activities in order to tailor our offerings to your individual interests and to speed up the processing of your requests;

We use different types of cookies. Our own cookies do not contain any directly personal data. However, depending on the respective type of cookie, it is generally possible to establish a personal reference by assigning the cookie to an IP address. We do not make such an assignment or IP addresses are immediately anonymized to exclude such an assignment.

Some cookies are placed by third parties. We also share information about your use of the Bouncy Website and the Bouncy Platform with the Artists and other partners of ours for purposes such as advertising and analytics. Our partners may combine this information with other information you have provided to them through other means or other websites.

Most devices with which you can use the Bouncy Platform automatically accept cookies. On your device, you can delete cookies that have already been set at any time or set your device so that it does not accept cookies. This may result in functional limitations of the Bouncy Platform. Please refer to the instructions for your device to find out how this works in detail.

 

12.2   What types of cookies do we use?

a)   Own cookies

These cookies enable basic functions and are necessary for the proper functioning of the website.

b)   Third-party cookies

We may work together with business partners who support us in making the internet offer and the website more interesting for you. Therefore, cookies from these partner companies (third-party providers) are also stored on your hard drive when you visit the website. These are cookies that are automatically deleted after the specified time. The cookies of our partner companies also only collect data under a cookie ID, which enables our advertising partners to address you with advertising that could actually be of interest to you. You can find out how to prevent the use of such cookies under sec. 12.7.

 

12.3   Consent

The law allows us to store cookies on your device if they are absolutely necessary for the operation of this site. For all other cookie types, we need your consent. You can change or withdraw your consent at any time from the cookie statement on our website. Your consent is obtained separately for our websites using a tool.

 

12.4   Purpose of the data processing

We use technically necessary cookies to enable the use of the Bouncy Website or the Bouncy Platform. Some functions of the Bouncy Website or the Bouncy Platform cannot be offered without the use of such cookies. For these, it is necessary that the browser is recognized even after a page change. The user data collected through technically necessary cookies are not used to create user profiles.

Preference cookies are used to allow you to set preferences such as language.

Marketing cookies and statistics cookies are used to improve the quality of the Bouncy website, the Bouncy Platform and the content. We use them to learn how Bouncy is used and can therefore optimize our offer. For these purposes, we also use third-party systems that set third-party cookies.

 

12.5   Legal basis

The legal basis for the use of technically necessary cookies is Art. 6 (1) sentence 1 lit. b GDPR, insofar as the possibility of establishing a personal reference exists and the use is necessary for the purpose of providing the Bouncy Website or the Bouncy Platform in terms of contract performance, otherwise the legal basis is Art. 6 (1) sentence 1 lit. f GDPR, as the use is also in our legitimate interest for the purpose of providing the Bouncy Website or Bouncy Platform.

The legal basis for the processing of personal data using marketing cookies and statistics cookies is, insofar as the possibility of establishing a personal reference exists, in the case of consent Art. 6 (1) sentence 1 lit. a GDPR. If marketing cookies and statistics cookies are used to create pseudonymous evaluations, the legal basis is Art. 6 (1) sentence 1 lit. f GDPR (protection of legitimate interests).

 

12.6   Data deletion and storage period

The cookies are stored on your respective device and transmitted from there to our web server. A distinction is made between so-called permanent cookies and session cookies. Session cookies are stored for the duration of an internet browser session and deleted when the internet browser is closed. Permanent cookies are not deleted when the respective internet browser session is closed but are stored on your device for a longer period of time, usually determined by the party setting the cookie.

 

12.7   Possibility of objection and removal

When you access the Bouncy website, you will be informed about the use of cookies by a message displayed and referred to this privacy policy. Via the interactive functions in this message, your consent to the processing of personal data used in this context is also obtained.

You have full control over the use and storage of cookies. By changing the settings in your internet browser, you can generally deactivate or restrict the transfer of cookies. You can delete cookies that have already been stored at any time. This can also be done automatically. If cookies are deactivated for the Bouncy website, it may no longer be possible to use all of Bouncy’s functions to their full extent. Further, general information on the use of cookies can be found at http://www.meine-cookies.org or www.youronlinechoices.com.

Once you have given your consent to the use of cookies to create pseudonymous usage profiles (see above for analysis cookies), you can object to this at any time with effect for the future; you can exercise your right to object via the message displayed or via the aforementioned setting options of your browser.

 

13.    E-mail and messenger services

13.1   Description and scope of data processing

We have set up e-mail address(es) that you can use to contact us electronically. Likewise, the Bouncy Platform may be equipped with a messaging feature that allows users and artists to contact each other directly. If you make use of this possibility, the data sent with your e-mail or message or generated by the sending will be transmitted to us and stored. As a rule, the following data are included:

  • E-mail address or user ID of the sender;
  • Message subject;
  • for e-mail: surname, first name, title, company of the sender, if applicable;
  • The content of the message and all personal data contained therein, e.g. postal address, telephone and fax number, mobile phone number.

In addition, the following data is processed and stored when the message is received or processed:

  • in the case of e-mails, the e-mail header, which contains technically necessary information about the sending system, the circumstances of the dispatch and the forwarding to the recipient system (e.g. information about date/time, IP addresses of the servers, ID numbers);
  • Date and time of receipt by our system.
  • if applicable, delivery and/or read confirmation,
  • For Artists, an address book of Users (fan group, subscribers), if applicable,
  • For Users, the selected Artists.

Under no circumstances will the data be passed on to third parties, unless we have to use third parties to process the enquiry or use the services of an order processor (section 2.4).

 

13.2   Purpose of the data processing

The data is processed exclusively for the purpose of transmitting your message to the respective recipient and, in the case of e-mails, for processing your respective request. In addition, the technical data collected (e.g. e-mail header) serve to prevent misuse of the e-mail address or messaging function and to ensure the security of our information technology systems.

 

13.3   Legal basis

The legal basis for the processing of the data, insofar as the data processing is carried out for the purpose of fulfilling or initiating a contract, is Art. 6 (1) Sentence 1 lit. b GDPR.

The legal basis for the collection of additional data during the sending process is Art. 6 (1) sentence 1 lit. f. GDPR; the legitimate interest here lies in the prevention of misuse and ensuring system security (see above).

 

13.4   Data deletion and storage period

The data relating to an enquiry will generally be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by means of a message, this is the case when the respective communication has ended and/or the inquiry has been conclusively answered. The communication is terminated when it is clear from the circumstances that the matter in question has been conclusively clarified. Instead of deletion, storage with restriction of processing takes place insofar as further storage of the data is necessary for the reasons stated in sec. 2.6, for example because the enquiry or its content is subject to statutory or supervisory retention obligations.

 

13.5   Possibility of objection and removal

You can object to the processing of your data or revoke consent at any time. Sec. 2.3 applies to the revocation of consent, and sec. 2.6 applies to the objection. You also have the option of cancelling the communication at any time until the message is sent. In the event of an objection, we cannot continue to process enquiries sent to us, because we can only implement this by deleting messages received by us or, insofar as these are subject to retention obligations (sec. 2.6), by blocking them for any use outside the retention obligation.

 

14.    Security

We have taken the necessary technical and organizational security measures to protect your personal data against loss, destruction, access, alteration or distribution by unauthorized third parties. Our security measures are continuously improved in line with technological developments.

All your personal data is transmitted encrypted with us. We use the encryption system SSL / TLS (Secure Sockets Layer / Transport Layer Security).

Should you wish to contact us by e-mail, we would like to point out that the confidentiality of the information transmitted is not guaranteed. The content of e-mails can be viewed by third parties. We therefore recommend that you send us confidential information, e.g. mandate or application documents, exclusively by post, or that you agree a more secure procedure with us (e.g. encryption).

 

15.    Data protection on third party websites

The Bouncy Platform may contain hyperlinks to and from third party websites. If you follow a hyperlink to one of these websites, please note that we cannot accept any responsibility or warranty for third-party content or data protection conditions. Please be sure to review the applicable privacy policy before submitting any personal information to those websites.

 

16.    Your rights as a data subject

The GDPR grants you, as a person affected by the processing of personal data, certain rights, which we would like to inform you about below

  • You have the right to request information from us at any time about the personal data we have stored about you, its origin and the purposes and methods of processing the data as well as the recipients of the data (Art. 15 GDPR).
  • If the legal requirements are met, you also have the right to correct your data (Art. 16 GDPR), as well as to delete (Art. 17 GDPR) or restrict the processing of your data (Art. 18 GDPR).
  • You also have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format or to have this data transferred or transmitted by us to other bodies (Art. 20 GDPR).
  • The restrictions according to sec. 34 and 35 of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) apply to the right of information and the right of deletion.
  • You can also object to the processing of your data altogether (Art. 21 GDPR). If you object to the processing of your data as a whole, you will no longer be able to use the Bouncy Platform and all purchase transactions that have not been completed by then will be cancelled. However, we will continue to process your data until all balances owed to us have been settled in full.
  • If we have collected and processed your personal data with your consent, you may revoke this consent at any time (Art. 7 GDPR). The revocation of your consent does not affect the lawfulness of processing that we have carried out until your revocation. A revocation also does not apply to processing of your personal data that was not covered by your consent. Nor does the revocation affect any processing of your personal data that is carried out on lawful processing grounds and does not require consent.
  • If you are of the opinion that the processing of personal data concerning you by us violates applicable data protection law, you may lodge a complaint with the competent supervisory authority (Art. 77 GDPR in conjunction with sec. 19 BDSG) for data protection. This also applies if you are not satisfied with our response to your concern. You can find the contact details under sec. 1.

You also have these rights in relation to recipients to whom we transfer your data and who are not merely our processors.

 

17.    Amendment of the privacy policy

We are constantly developing our app and website to provide you with an ever-improving service. We will always keep this privacy policy up to date and adapt it accordingly if and when this should become necessary.

In this regard, please note the respective current version of our data protection declaration, which you can also access automatically by clicking on the respective link that is displayed to you during the cookie query. Changes always apply to personal data collected in the future. The protection of the data collected and stored by us before the change is not affected by this.

We will of course inform you of any changes to this data protection declaration in good time before they come into force. We will do this, for example, by sending a notification to the mobile phone number you have provided us with.

Insofar as further consent from you should be required for our handling of your data, we will of course obtain this from you before the corresponding changes become effective. Significant changes to the data protection declaration, which significantly expand the type and scope of data processing or introduce new data processing or data transfers, require renewed consent.

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