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Privacy policy

This document was electronically translated – please read the original “Datenschutzerklärung” here in German language.

Data protection

Dear listener, Due to the new legislation on data protection, we have also redesigned our privacy policy. However, we want to assure you in advance that even before the new legal regulations came into force, we have already taken the protection of your data, in particular personal data, very seriously.

We have implemented state-of-the-art organizational, contractual, and technical security measures to ensure compliance with data protection laws. The data processed by us or by our service providers are hereby protected against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.

The following information is intended to help you understand some of the most fundamental terms about privacy and provide you with an overview of the purpose of the collection and use of your information in our company and, in particular, the processing of your personal information by us and your privacy rights.

Following we refer to legal regulations of the data protection basic regulation (abbreviated DSGVO) and the federal data protection law (abbreviated BDSG).

content

Who is responsible for data processing and whom can I contact?

basic concepts

What are “cookies”?

What is an “IP address”?

What are general “personal data”

What does it mean if my personal data is “pseudonymised”?

Which data do we collect from which sources?

When listening to our radio program and visiting our website

When participating in sweepstakes

When registering as a fan

When shopping in our online shop

When linking to Facebook

For other contact with us

What do we process your data for (purpose of processing) and on what legal basis?

On the basis of your consent (Article 6 (1) a GDPR)

For the fulfillment of contractual obligations (Article 6 (1) (b) GDPR)

As part of the balance of interests (Article 6 (1) (f) GDPR)

due to technical necessity

through Google Analytics

through Google Adsense

by RMSi

Integration of Google fonts

Use of Amazon Partner Services

Anonymized use

Corporate use

Due to legal requirements (Article 6 paragraph 1 c DSGVO) or in the public interest (Article 6 paragraph 1 e DSGVO)

Who gets my personal data?

In our company

Data Processor

Other transfer of personal data to third parties

Transfer of anonymous data

Is data transmitted to a third country or to an international organization?

How long will my data be stored?

Which data protection rights do I have?

revocation

Is there a duty for me to provide personal information?

When do we use automated decision making?

Information about your right to object Article 21 (DSGVO)

Case-specific general right of objection

Right to object to the processing of data for advertising purposes

Other settings, contradictory or opt-out options

 

Who is responsible for data processing and whom can I contact?

In all matters relating to data protection, you can contact the following responsible department in our company:

Mr. Thomas Ulrich

Mr. Jaspal Kumar

Telephone: +4930880010400

Fax: +4930880010419

E-mail address:  data processing@silvacast.com

Since less than 10 people are constantly involved in the automated processing of personal data in our company, we have not appointed a data protection officer. Nevertheless, the above-mentioned responsible body is able to act as a data protection officer and to answer your requests.

basic concepts

Among other things, the concern of the new legal regulations on data protection is to make this privacy statement easy to understand for them. Unfortunately, this is only possible if you know and understand some basic terms of data processing. We will explain some important terms below, but we can not explain all the necessary terminology in the context of this declaration. If you have further questions or do not understand formulations, please contact the person named above. Also on the internet you will find many terms explained in detail.

What are “cookies”?

Cookies are small text modules. These text modules are automatically downloaded from websites that you visit with your internet-enabled device (eg computer, smartphone) and stored on your device. These text modules contain information that allows us to recognize the computer you are using when you return to our website and to adapt our Internet pages and, where applicable, the advertising displayed there to your interests.

There are different types of cookies.

As a rule, we or service providers commissioned by us use so-called “permanent cookies”. These remain on your device even if you close your Internet browser. Such a cookie is automatically accessed when you revisit the web page that created this cookie. This will allow your device to be automatically identified on return to the visited web page, so you do not need to reenter a password, for example. In such cookies but also information about visited websites and thus about your interests can be stored. With this information, for example, advertising service providers are in a position to display advertisements on the websites you are visiting that correspond to their interests. This is also at a later date,

We assure you that the cookies we store are free from malicious software and do not alter anything except the space used on your computer system.

Please also note our notes on your options to prevent the storage or use of cookies under section 13.

What is an “IP address”?

The IP address is assigned in computer networks, such as the Internet, a device connected to the network (eg computer, but also a smartphone) to make this device addressable and thus reachable. This happens with you, if you use a usual Internet entrance (eg Telekom, Vodafone) and Internetbrowser (eg Internet Explorer, Google Chrome etc.), during the use of the Internet automatically, without you noticing this. The IP address thus allows, similar to a mailing address on an envelope, to identify a device on the Internet. Only in this way, for example, information requested by the user of a computer via the network can also be sent back to this computer.

It is technically unavoidable that the IP address assigned to your device during the access to our website or the establishment of the data connection for listening to our radio program (radio stream) will be processed on our server during the time of the existing connection. Without this processing, the construction of our website on your computer or the retrieval of the radio stream is not possible.

What are general “personal data”

Personal data include your name, date of birth, address or e-mail address, your telephone number as well as any bank details or credit card information that you may have become aware of; Under the new legal regulations, the IP address you use when you visit our website is now covered by the term “personal data”. However, personal information is also other information about yourself stored in association with your name, such as personal interests or preferences.

What does it mean if my personal data is “pseudonymised”?

If your personal data is “pseudonymised”, your personal data will be assigned a different name for identification (pseudonym). These are usually randomly generated number and / or letter combinations. Your personal data are then no longer traceable to your person, but only connected to the pseudonym.

The pseudonym and personal data associated with the pseudonym can be stored in a cookie on a specific computer, which means that the data associated with the pseudonym will be recognized on access to the cookie and allow identification of the computer (“Cookie ID “).

Which data do we collect from which sources?

We collect personal data in a variety of ways. This happens partly automatically, but also through your active communication of such data.

When listening to our radio program and visiting our website

While you hear our radio program via terrestrial reception facilities (eg satellite, DAB) or via cable, we do not collect any personal data.

If you listen to our radio program over the Internet or via a radio app that uses the Internet or a data connection for data transmission, or visit our website, we or our contracted service providers record when calling and during the stay on our website or during the listening our program:

Your IP address, the web pages you visit, banners that you click on or advertisements that you have accessed through our website, the date, time and duration of your visit, the amount of data transmitted, browser type, browser settings, Operating system and your internet service provider, as well as information about the pages you have previously visited.

As a rule, this data is automatically provided by the Internet browser you are using and buffered and processed on our server. Depending on the use of the data, these are processed by us or commissioned service providers pseudonymized.

When participating in sweepstakes

If you participate in a raffle organized by us or by a service provider commissioned by one of our service providers, either via our telephone hotline, a contact form, written correspondence or the use of electronic means of communication (e-mail, Facebook, short message services (eg WhatsApp, Twitter), Telephone platforms) the following personal data are collected:

Name, address, date of birth, e-mail address, telephone number and, if you have used the Internet to participate or register to enter the Sweepstakes, your IP address and the lottery you entered.

If you win in a raffle, we collect in addition to the above data:

in the case of gains in kind, the type of profit in kind and its value, in the case of monetary gains the amount and your bank account.

We will receive this data from you.

When registering as a fan

If you register with us as a Schlager fan or as a fan of a Schlagerstars, we collect, as far as voluntarily provided by you, the following personal data:

Name, address, date of birth, e-mail address, telephone number and, if you have used the Internet for registration, also your IP address. We link this information about you with information about the interests you specify (eg the favorite star you favor).

When shopping in our online shop

If you make purchases in our online shop (Fanshop), we collect the following relevant personal data:

Name, address, date of birth, e-mail address, telephone number, bank details or credit card information and, if you have used the Internet for shopping, also your IP address, as well as the purchased object and other contractually relevant data (eg purchase price, delivery terms) ,

When linking to Facebook

If you linked yourself to the Facebook profile of our company on Facebook with your Facebook profile, you will disclose to us the personal data that you have published in your Facebook profile that will then be stored in our Facebook profile.

For other contact with us

When contacting us (by post, contact form or e-mail) your personal data transmitted by you will be stored.

What do we process your data for (purpose of processing) and on what legal basis?

We process the aforementioned personal data in accordance with the provisions of the EU General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG), as explained in more detail below:

On the basis of your consent (Article 6 (1) a GDPR)

Insofar as you have given us consent to the processing of personal data for specific purposes (eg disclosure of data to our advertising partners, creation of cookies), the legality of such processing is based on your consent for these purposes.

A given consent can be revoked at any time   . This also applies to the revocation of the declaration of consent given to us prior to the validity of the EU General Data Protection Regulation, ie before 25 May 2018. Please note that the revocation only works for the future. Processing that occurred before the revocation is not affected.

If you have given your consent in writing or in electronic form, your statement will be stored and archived with us. If you have given your consent by pressing an approval symbol on the screen (OK field in an input mask), this information will be stored by us with the time and the IP address you are currently using.

Unless specifically agreed otherwise in individual cases, your declaration of consent is as follows:

“I agree that the Silvacast GmbH / ESCRadio (following only” ESCRadio “) my personal data

–         name,

–         address,

–         Date of birth,

–         e-mail address,

–         telephone number,

–         the IP addresses used by me,

–         other information that I have revealed about myself while using the ESCRadio services, such as my usage behavior while using the ESCRadio web pages, the ESCRadio radio stream, the ESCRadio radio app or the ESCRadio Facebook page

for own business purposes, namely advertising for own offers and offers of customers of ESCRadio and for controlling advertising, processes and uses. ESCRadio may use and process my data together with other data.

ESCRadio may pseudonymise my personal data and pass it on to third parties pseudonymised.

I can revoke my consent to the processing and use of my data at any time without giving reasons. “

We process your data collected on the basis of your consent only for the purpose associated with the consent.

For the fulfillment of contractual obligations (Article 6 (1) (b) GDPR)

If we need your personal information to fulfill contractual obligations without which we can not fulfill the contract, your personal data may be processed without your consent. This will happen especially in our case:

– When you enter into a Sweepstakes, we process your personal information to enable you to enter the Sweepstakes, in particular to verify that you are eligible to enter the sweepstakes (eg age verification) and to contact you ( eg telephone game). Of course, we will need your personal information even if you have won to send your winnings.

– If you shop in our fan shop, we process your personal data to fulfill and process the purchase contract.

– If you register as a Schlager fan, a fan of our radio program or a fan of a hit song, your personal data, which you voluntarily submit to us, will be stored in our database. This is especially true if you connect to the Facebook profile of our company on Facebook or link or leave information there.

As part of the balance of interests (Article 6 (1) (f) GDPR)

If necessary, we or service providers commissioned by us process your personal data beyond the actual fulfillment of the contract in order to safeguard legitimate interests of us or third parties as follows:

due to technical necessity

While using our online offers technical data processing operations take place, which in particular make the processing of your IP address necessary. Among other things, the IP address you use will automatically be stored and processed on our servers at the moment of accessing our website (so-called server or access log files).

In addition to the technically imperative need to save the IP address to allow communication between devices in the network at all, we use this protocol data without assignment to the person of the user or other profiling according to the statutory provisions only for statistical analysis (eg general visitor analysis), for the purpose of operating, security and optimizing our online offer. However, we reserve the right to retrospectively check the log data if, on the basis of concrete evidence, the legitimate suspicion of unlawful use exists.

By default, the log files are overwritten after a maximum of 14 months and deleted.

through Google Analytics

We use Google Analytics. This service uses cookies. The cookie stores information about your usage behavior while using our website. Google uses this information on our behalf to inform us about your usage behavior and to provide further services with regard to the use of our online offer. Google will process your data only pseudonymized and create pseudonymised usage profiles of you.

We only use the service of Google Analytics with activated IP anonymization, so that your IP address may only be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in rare exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Your IP address will not be merged with other Google data.

Please note that you can block this service from Google by changing your cookie settings (see below 13.).

through Google Adsense

We use Google’s AdSense service. This Google service incorporates ads from Google or third parties in our online offering that match your user behavior or user behavior of the device you are using. Google also uses cookies for the AdSense service.

For this purpose, Google has integrated codes (eg hidden graphics) on our and other websites on which a Google marketing service is active, which make it possible to identify this page and leave an individual cookie on your device when visiting this page. The data in the cookie are pseudonymized and only assigned to the device you are using via a cookie ID. The data will be expanded by visiting additional websites. The information stored in this cookie enables Google to display an advertisement tailored to your usage behavior on the device you are visiting our website at a place on Google’s advertising on our website. For this purpose, the cookie is identified by means of the cookie ID and the data stored there is processed.

Please note that you may block this service from Google by changing your cookie settings or by opting out of Google’s service (see 13. below).

by RMSi

We use the RMSi service to collect pseudonymised usage data to optimize the delivery of online audio advertising formats and for analysis purposes for the purposes of listener and music research, product development and other market research and evaluation purposes.

A cookie is also created for this service, in which the data about your usage behavior on the Internet or when listening to our radio program are pseudonymised via a player, only provided with a “cookie ID”. These pseudonymized data are transferred in conjunction with the cookie ID to a data service provider, which develops algorithms based on this data in order to create listener profiles that can be used for the marketing of online audio advertising according to general listener interests or listener features. These listener profiles are then connected to the matching to these interests or listener features cookie IDs, so that a target group oriented play the advertising to the devices can be done with the appropriate cookie ID.

Please note that you can block this service of the RMSi by changing your cookie settings or opt-out of the RMSi service (see below 13.).

Integration of Google fonts

We integrate Google fonts on our website to optimize the presentation of our websites. This integration is only possible if Google can communicate with your device via its IP address. The IP address will be sent to a Google server for this purpose.

Use of Amazon Partner Services

We are an Amazon Affiliate and receive compensation if you, as a qualified buyer, are redirected to an Amazon website through our website and make a purchase, such as purchasing a music CD that contains a title that they own and own clicked in the title list.

With the forwarding, the Amazon product you are looking for or clicked on (eg name of the song) and our Amazon Partner ID will be sent to Amazon.

Anonymized use

We also process your personal data completely anonymously and forward the results obtained to third parties, such as so-called log files to the ag.ma (Arbeitsgemeinschaft Media-Analyze eV (agma), Am Weingarten 25, 60487 Frankfurt am Main). The anonymization of your data is done either by the complete disregard of personal information, eg by deleting their name or the IP address by deleting digits.

The anonymous evaluation of your personal data will only leave statistically relevant information, such as the average age of a particular group of users of the website or radio stream, the length of stay or listening time or the regional origin of the users at any given time. After the anonymous evaluation of your personal data, an identification of your person is no longer possible due to the anonymized data obtained.

Corporate use

We also process your personal data internally,

– to assert legal claims and defense in legal disputes,

– ensuring the IT security and IT operations of our company,

– Prevention of criminal offenses and

– to secure the house right

o in our station (eg exclusion of listeners in case of violation of conditions of participation in competitions)

o at events (eg exclusion of violent known participants)

and

o in the production areas (eg after a ban on the house).

Due to legal requirements (Article 6 paragraph 1 c DSGVO) or in the public interest (Article 6 paragraph 1 e DSGVO)

As a company, we are subject to control and reporting obligations and media supervision. This may require the processing of personal data.

For example, we are legally obliged to collect winners of the raffles organized by us or broadcast in our program, as far as these are monetary gains or major gains, with your personal data and, if necessary, to make them known to the tax authorities.

Who gets my personal data?

In our company

Within our organization, only those employees have access to your personal information needed to fulfill our contractual and legal obligations. In our company, less than 10 employees have access to their personal data.

All personal data stored in our company are protected against unauthorized access in accordance with the current state of the art. We use modern computer and network technology with up-to-date access protection.

Data Processor

Our data processors (Article 28 GDPR) may also receive data for the data processing purpose described under Section 4. These are companies in the categories IT Services, Logistics, Printing Services, Telecommunications, Debt Collection, Consulting and Consulting as well as Sales and Marketing. Insofar as these companies receive your data, this only happens if these service providers, in turn, uphold our data protection directives and are bound accordingly by contract.

The following service providers are currently working for us on behalf of us for the purpose of data processing within the meaning of the DSGVO (order data processor):

– Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA

– RMSi Radio Marketing Service Interactive GmbH, Moorfuhrtweg 17, 22301 Hamburg

We point out, however, that the above service providers may only process your personal data in pseudonymised form. None of the above service providers will receive your name or address.

Other transfer of personal data to third parties

The transfer of personal data about you is only allowed if legal requirements require this from us or you have consented and the provisions of the EU General Data Protection Regulation / the Federal Data Protection Act are guaranteed. We assure you that we strictly comply with these legal provisions.

In that regard, we will share your personal information if

– this for processing payments (eg to banks or credit card companies),

– Settlement of profits

– to pursue legal claims (eg payment claims) and to defend legal disputes, eg to debt collection agencies, lawyers, courts,

– for tax reasons to the tax adviser and the tax office working for us,

or

– To clarify or prevent crimes against authorities

is required.

Transfer of anonymous data

Your personal data is also anonymized with us, so that the data content of this information is no longer personal and can not be traced back to a person. We pass this data on to our advertising partners or advertising service providers for analysis purposes.

Is data transmitted to a third country or to an international organization?

A transfer of personal data to countries outside the EU or the EEA (so-called third countries) only takes place, as far as

– this is required to fulfill our contractual obligations towards you (see point 4.b.),

– this is required by law (eg tax reporting obligations),

– You have given us consent

or

– in the context of a [order data processing].

If service providers are deployed in a third country, we will, in addition to providing written instructions, agree to comply with EU data protection standards by agreeing on EU standard contractual clauses.

Currently, we have only hired Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, as a third-party company to process data.

How long will my data be stored?

We process and store your personal information as long as it is necessary for the fulfillment of our contractual and legal obligations.

In any case, however, we must retain the data for as long as necessary to fulfill contractual or legal obligations, such as:

– Fulfillment of commercial and tax retention periods (eg money laundering law, tax laws) the time limits for storage and documentation specified there are two to ten years.

– Preservation of evidence under the statute of limitations. According to §§195 ff. Of the Civil Code (BGB), these limitation periods can be up to 30 years, whereby the regular limitation period is three years.

It should be noted that we consider our audience as loyal followers, so we store your data as a listener, you have us in the use of our services, as long as our channels exist.

Insofar as we use services provided by Google on our website, we have arranged for the data collected there to be stored for a maximum of 14 months.

Which data protection rights do I have?

Any person who stores personal information has the right

– Information according to Article 15 GDPR (restricted according to §§ 34 and 35 BDSG),

– for a correction under Article 16 of the GDPR,

– cancellation according to Article 17 DSGVO (limited according to §§ 34 and 35 BDSG),

– limitation of processing under Article 18 GDPR,

– opposition from Article 21 GDPR

– Data transferability under Article 20 GDPR

and

– the complaint to a data protection supervisory authority (Article 77 DSGVO in conjunction with Section 19 BDSG).

revocation

You may revoke your consent to the processing and / or transfer of personal data at any time. This also applies to the revocation of declarations of consent that were given to us before the validity of the EU General Data Protection Regulation, ie before 25 May 2018. Please note that the revocation only works for the future. Processing that occurred before the revocation is not affected.

Please note that we may be required to perform certain services of other contractors or that they may be forwarded to other service providers through our services. Please contact the privacy officers of the other companies directly regarding your privacy rights.

Is there a duty for me to provide personal information?

Basically, there is no obligation for you to give us your personal information or to provide it for us.

However, we require the personal data required for the conclusion of a contract, the performance of the contract and the fulfillment of the associated contractual obligations, or which we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to execute a contractual obligation or to be unable to carry out an existing contract and possibly terminate it.

In particular, under money laundering and tax regulations, we are required to identify you prior to the payment of cash proceeds or the transfer of larger capital gains, and to record your name, date of birth, address and bank details.

We also need your personal information in order to meet our profit expectations.

When do we use automated decision making?

In principle, we do not use fully automated decision-making pursuant to Article 22 GDPR to justify and implement our contracts.

As a precautionary measure, we point out that the determination of winnings for the competitions organized by us or on our behalf does not constitute a decision-making process pursuant to Art. 22 GDPR. In the determination of winners, the winners or participating participants of a quiz show are determined only at random without taking into account personal data.

However, we partially process your personal data with the aim of evaluating certain personal aspects of your person (profiling). For example, we use profiling in the following cases:

– to inform you in a targeted manner about news from the hit scene, upcoming concerts or events,

– for needs-based communication and advertising, including market and opinion research.

Information about your right to object Article 21 (DSGVO)

Case-specific general right of objection

You have the right at any time, for reasons arising from your particular situation, to prevent the processing of personal data relating to you pursuant to Article 6 (1) (d) of the GDPR (Data Processing in the Public Interest) and Article 6 (1) of the GDPR ( Data processing on the basis of a balance of interests) takes place, objecting; this also applies to a profiling based on this provision within the meaning of Article 4 (4) GDPR.

If you object, we will no longer process your personal information unless we can establish compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims.

Right to object to the processing of data for advertising purposes

In individual cases, we process your personal data in order to operate direct mail. You have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct mail.

If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.

The objection can be form-free and should be directed by phone if possible to:

Mr Thomas Ulrich, Phone: +4930880010400 Fax: +4930880010419, email:  datenverarbeitung@silvacast.com

Other settings, contradictory or opt-out options

You can control the processing of your personal data when using online services through the setting of your Internet browser and sometimes prevent. In this way, you can generally prevent the storage of cookies by setting your browser software accordingly or only allow the storage of certain types of cookies. If necessary, however, then our Internet offers are no longer completely available for you.

Opt-out possibilities

If you wish to opt-out of Google Marketing Services, you may take advantage of Google’s recruitment and opt-out options:  http://www.google.com/ads/preferences .

You can  disable the services of the RMSi via the link  www.rms.de/datenschutz/optout/ , whereby the deactivation only works if you allow the storage of cookies.

For more information about Google’s use of data, hiring and opt-out options, please visit Google’s websites:  https://www.google.com/intl/en/policies/privacy/partners  (“Google’s use of your data when you use websites or our partners’ apps “),  http://www.google.com/policies/technologies/ads  (” Use of data for promotional purposes “),  http://www.google.com/settings/ads  (” Managing information provided by Google used to show you ads “) and  http://www.google.com/ads/preferences  (” Determine which ads Google shows you “).