IMPRINT & DATA PROTECTION POLICY

Better Music
2220 Meridian Blvd - Suite # 78971 - Minden, NV 89423 - USA
therearenostupidquestions (at) better-music.com
Please note, that we are not interested in any Demos.

GENERAL TERMS & CONDITIONS ONLINESTORE

Application Area

All conclusions of contracts, deliveries and other services rendered by ’Better Music’ are solely based on the following General Terms and Conditions and in the version that was in effect at the time when the respective service was rendered. Different provisions shall only apply if confirmed by ’Better Music’ in writing.

Conclusion Of Contract

Any offers made on the internet sites of ’Better Music’ are legally non-binding invitations to the customer to order goods or to acquire musical recordings in a non-physical format (download). Ordering goods or downloading musical content is performed by filling out and returning the online form on ’Better Music’ website either via e-mail or via telefax, telephone or regular mail. By placing such order, the customer committs himself to conclude a legally binding contract of purchase and, furthermore, confirms he is of full age and of full legal capacity. ’Better Music’ is not obliged to accept the order made by the customer. Confirming the receipt of such an order does not constitute an acceptance of customer's offer. The acceptance of an offer by ’Better Music’ is effected by sending a fulfilment confirmation, by transferring an internet link or by sending the goods ordered to the customer, respectively (whatever applicable). Said fulfilment confirmation (if any) shall be sent via e-mail.

Prices

All prices mentioned on our websites are inclusive statutory VAT and inclusive of costs for packaging and shipment. 

Terms of Payment & Withdrawal Clause

Payments have to be made upfront per PayPal. In case of an inadequate account coverage, ’Better Music’ is entitled to retreat from the contract.

Terms & Conditions Of Delivery

The shipment shall be performed by delivery to the address as indicated by the customer. Any information about delivery dates are non-committal unless a fixed date for delivery has been agreed and confirmed in writing by ’Better Music’. Delivery can only be made as long as ’Better Music’s stock shall last. In case goods ordered by the customer are not available, payments already made towards or regarding such order shall be reimbursed immediately by ’Better Music’. Except for such reimbursement, customer shall have no further claims against ’Better Music’ unless the non-delivery is based on grossly negligent or intentional behaviour by ’Better Music’. In case of a delay or an impossibility in delivery where the reasons are within the responsibility of ’Better Music’, ’Better Music’ shall be held liable unless such reasons cannot be attributed to intent or gross negligence.

Transport Damages

Customer is obliged to report transport damages immediately to the supplier and to ’Better Music’. In case of obvious damages of the packaging, customer has to refuse the receipt of the goods in order to preserve evidence.

Reservation of Property

Until the amount due shall be fully paid to ’Better Music’, the ordered goods shall remain the sole property of ’Better Music’. Reselling, renting, pledging, security transfer, processing, remodelling or other provisions are not permitted prior to the transfer of property without the expressive prior consent of ’Better Music’.

Warrenty

Claims of the customer against ’Better Music’ in case of defects shall be in compliance with the statutory legal provisions and terms (i.e. according to the German Civil Code, "BGB") unless otherwise regulated in the following clauses. Currently, the statutory period of limitation is two years and starts with the receipt of the goods. Customer is not allowed to assign any rights for warranty of defects to third parties. Damages which are caused by improper or not contractual actions by the customer or during set up, installation, operation or storing of the goods shall not establish any claims against ’Better Music’. If customer purchases a used good his claims in case of defects shall expire within 1 (one) year after receipt of the good. In case the customer is an independent contractor and the ordered goods or services are intended for his business, the subsequent right for warranty of defects shall expire within 1 (one) year after receipt of the goods or services. Unless not agreed otherwise hereunder, any further claims of the customer, regardless of the cause in law, are excluded. This applies explicitly to additional damages caused by defects, loss of profit or other financial damages of the customer. The limitation of liability shall not apply if the reason for the damage is based on intention or gross negligence and in case of a personal / bodily injury. In case of gross negligence regarding a major contractual duty, the compensation shall be limited to the damage that would characteristically have incurred. Aforementioned restrictions to the contractual liability shall also apply regarding the personal liability of employees, agents and/or servants of ’Better Music’.

Grant of Rights for Audio- and Audiovisual Recordings via Download

’Better Music’ grants to customer the non-exclusive and non-transferable right to use the purchased audio and audio-visual content without any restrictions as to time, but for private purposes only. Customer is permitted to store and multiply the purchased audio and audio-visual content on the hard disk of his computer. Any other (especially commercial) usage of the purchased audio and audio-visual content is explicitly prohibited. This applies in particular to the modification, the commercial distribution or other ways of selling. Any multiplication is only permitted within the relevant legal provisions, especially under adherence of the related copyrights and the regulations of the German Copyright Law (UrhG).

Contractual Exclusion Of Set-Off

Customer is not entitled to set-off his own claims against any pecuniary claims of ’Better Music’ unless such claims are undisputed and legally ascertained by a judgement of a court in the applicable jurisdiction. Customer is not entitled to counter pecuniary claims of ’Better Music’ with rights of retention (e.g. from notices of defect) unless they result from the identical contractual relationship.

Enforceability, Jurisdiction

If a provision of these General Terms And Conditions, wholly or partly, becomes invalid, the remaining provisions remain unaffected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the initial economical purpose of the invalid provision. In case the customer is a merchant under applicable German trade law, a legal person under public law or a special fund under public law, Berlin shall be the exclusive jurisdiction over any controversies arising directly or indirectly from the relevant contractual relationship. The same applies in case a customer does not have a place of general jurisdiction in Germany, transfers his domicile or usual place of residence abroad after conclusion of the contract or in case his domicile or usual place of residence unknown when a lawsuit is being filed.

Applicable Law

The conclusion and execution of all contracts shall be construed under the laws of Germany. The Uniform Law on the International Sale of Goods (CISG) and the Conflict Rules of the International Privacy Law are excluded.

Refund Policy

Notice of Revocation & Right of withdrawal.
Without the need to specify the reason(s), the customer is entitled to withdraw from the contract within 1 (one) month after the conclusion. Such withdrawal has to be accomplished either in writing (e.g. in form of a letter, telefax, e-mail) to the attention of ’Better Music’ or by returning the ordered/delivered goods to ’Better Music’. The withdrawal has to be addressed to:

Better Music - P.O. Box 1807 - 76829 Landau - Germany
order (at) better-music.com

The customer carries the burden of proof for dispatching the returnable goods. Withdrawal period: The period for a withdrawal starts at the earliest one day after receipt of a separate instruction about the right of withdrawal in writing or, in case of delivery of goods, not earlier than on the day as of the receipt of such goods. Sending the withdrawal or returning the goods in time is sufficient to meet the above withdrawal period.

Consequences of withdrawal

In case of an effective withdrawal the mutually received services and possibly gained advantages (e.g. interest) have to be returned. If the customer can return the received services and/or goods only in all or partly diminished condition, customer will have to indemnify ’Better Music’. This does not apply for delivered goods if such diminished condition is solely based on their inspection in a way in which the customer would also have been entitled to inspect the goods in a regular shop. To avoid indemnification, customer must not use the delivered good(s) like an owner would but customer must omit anything that could diminish their value. The provision regarding the possible indemnification is also not applicable in case that the instructions about a possible liability of indemnification and the ways of avoiding it have not been provided additionally in writing (e.g. letter, telefax or e-mail) at the time of the conclusion of the contract. In order to obtain a refund, Customer has to comply with the aforementioned provisions within 30 days after sending the declaration of withdrawal. Until any goods have been returned completely, ’Better Music’ shall make use of its right of retention.

Reshipment

Customer has to bear the costs for reshipment in case the delivered goods match the goods ordered and if the value of the order does not exceed 40,00 Euro. In any other cases the reshipment shall be cost free for the customer.

Exclusion of the Withdrawal Right; The right of withdrawal is excluded with regard to contracts regarding

  1. the delivery of perishable goods;
  2. goods which by their nature are not suitable to be returned (especially musical or visual content acquired in non-physical format via download etc.);
  3. newspapers, magazines and similar products;
  4. audio and audio-visual recordings or software in case such data carriers have been unsealed by the customer;
  5. goods which have been manufactured especially to the customer's specifications.

In case of an exclusion of the withdrawal right, customer has to bear the costs for any new shipment from ’Better Music’ to him in case customer has returned the goods. Furthermore, the legally defined exceptions according to  § 312 d Abs. 4 of the German Civil Code ("BGB") shall apply.

Terms & Service

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on krismenace.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on krismenace.com's web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by krismenace.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on this web site are provided "as is". This website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, krismenace.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall this website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this website´s Internet site, even if this website or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on this web site could include technical, typographical, or photographic errors. krismenace.com does not warrant that any of the materials on its web site are accurate, complete, or current. krismenace.com may make changes to the materials contained on its web site at any time without notice. krismenace.com does not, however, make any commitment to update the materials.

Links

krismenace.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by krismenace.com of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

krismenace.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to this web site shall be governed by the laws of the State of Germany without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that websites own terms and policies.

Personal data (usually referred to just as "data" below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the "controller") for purposes of data protection law is:
Better Music
2220 Meridian Blvd - Suite # 78971 - Minden, NV 89423 - USA
therearenostupidquestions (at) better-music.com

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
  • to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/ controllers (cf. also Art. 20 GDPR);
  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients. Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controllers future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.  
This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.
The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.
If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.
When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.
Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support. If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Order processing

The data you submit when ordering goods and/or services from us will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data.
The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.
After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.
In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.

The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.

Customer account/registration

If you create a customer account with us via our website, we will use the data you entered during registration (e.g. your name, your address, or your email address) exclusively for services leading up to your potential placement of an order or entering some other contractual relationship with us, to fulfill such orders or contracts, and to provide customer care (e.g. to provide you with an overview of your previous orders or to be able to offer you a wishlist function). We also store your IP address and the date and time of your registration. This data will not be transferred to third parties.
During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide your customer account. 
If you give your consent to this processing, Art. 6 Para. 1 lit. a) GDPR is the legal basis for this processing.
If the opening of the customer account is also intended to lead to the initiation of a contractual relationship with us or to fulfill an existing contract with us, the legal basis for this processing is also Art. 6 Para. 1 lit. b) GDPR.
You may revoke your prior consent to the processing of your personal data at any time under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
The data previously collected will then be deleted as soon as processing is no longer necessary. However, we must observe any retention periods required under tax and commercial law.

Credit checks and scores

If you accept any offer we make for you to pay for goods or services on account, we reserve the right to run a credit check with a credit bureau (such as Creditreform, Schufa, Bürgel, or infoscore) to obtain credit information determined on the basis of mathematical- statistical methods. For this purpose, any data you provide that is relevant to the contract, such as your name and address, will be forwarded to the credit bureau. We then use the information obtained about the statistical probability of default to decide whether we will offer you payment on account. The legal basis for such processing is our legitimate interest to avoid default on our account per Art. 6 Para.1 lit. f) GDPR.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third p arties.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.
You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.
The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.
Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

User posts, comments, and ratings

We offer you the opportunity to post questions, answers, opinions, and ratings on our website, hereinafter referred to jointly as "posts." If you make use of this opportunity, we will process and publish your post, the date and time you submitted it, and any pseudonym you may have used.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.
In addition, we will also process your IP address and email address. The IP address is processed because we might have a legitimate interest in taking or supporting further action if your post infringes the rights of third parties and/or is otherwise unlawful.
In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in any legal defense we may have to mount.

Follow-up comments

If you make posts on our website, we also offer you the opportunity to subscribe to any subsequent follow-up comments made by third p arties. In order to be able to inform you about these follow-up comments, we will need to process your email address.
The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent to this subscription under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each email.

Google Adsense

Some of the ads may be served by Google. Google's use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

Google+ plug-in

We use the plug-in of the Google+ social network on our website. Google+ is an online service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).
Through certification according to the EU-US Privacy Shield
https:// www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active#
Google guarantees that it will follow the EUs data protection regulations when processing data in the United States.
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website.
Further information about the possible plug-ins and their respective functions is available from Google at
https://developers.google.com/+/web/ 
If the plug-in is stored on one of the pages you visit on our website, your browser will download an icon for the plug-in from Googles servers in the USA. For technical reasons, it is necessary for Google to process your IP address. In addition, the date and time of your visit to our website will also be recorded.

If you are logged in to Google while visiting one of our plugged-in websites, the information collected by the plug-in from your specific visit will be recognized by Google. The information collected may then be assigned to your personal account at Google. If, for example, you use the +1 button, this information will be stored in your Google Account and may be published on the Google platform. To p revent this, you must either log out of Google before visiting our site or make the appropriate settings in your Google account.

Further information about the collection and use of data as well as your rights and protection options in Googles privacy policy found at https://policies.google.com/privacy

Google-Maps

Our website uses Google Maps to display our location and to provide directions. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).
Through certification according to the EU-US Privacy Shield
https:// www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that it will follow the EUs data protection regulations when processing data in the United States.#
To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.
If you access the Google Maps components integrated into our website, Google will store a cookie on your device via your browser. Your user settings and data are processed to display our location and create a route description. We cannot prevent Google from using servers in the USA.
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in optimizing the functionality of our website.
By connecting to Google in this way, Google can determine from which website your request has been sent and to which IP address the directions are transmitted.
If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.
In addition, the use of Google Maps and the information obtained via Google Maps is governed by the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=en and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.

Google also offers further information at

https://adssettings.google.com/authenticated
https://policies.google.com/privacy

Google reCAPTCHA

Our website uses Google reCAPTCHA to check and prevent automated servers ("bots") from accessing and interacting with our website. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google). Through certification according to the EU-US Privacy Shield
https:// www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active<
Google guarantees that it will follow the EUs data protection regulations when processing data in the United States.
This service allows Google to determine from which website your request has been sent and from which IP address the reCAPTCHA input box has been used. In addition to your IP address, Google may collect other information necessary to provide and guarantee this service.   
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the security of our website and in the prevention of unwanted, automated access in the form of spam or similar.

Google offers detailed information at https://policies.google.com/privacy

Google Fonts

Our website uses Google Fonts to display external fonts. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google guarantees that it will follow the EUs data protection regulations when processing data in the United States.
To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the optimization and economic operation of our site.

When you access our site, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display.

Google offers detailed information at

https://adssettings.google.com/authenticated
https://policies.google.com/privacyin particular on options for preventing the use of data.

Facebook plug-in

Our website uses the plug-in of the Facebook social network. Facebook.com is a service provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. In the EU, this service is also operated by Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, hereinafter both referred to as "Facebook."
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active
Facebook guarantees that it will follow the EUs data protection regulations when processing data in the United States. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website.
Further information about the possible plug-ins and their respective functions is available from Facebook at https://developers.facebook.com/docs/plugins/
If the plug-in is stored on one of the pages you visit on our website, your browser will download an icon for the plug-in from Facebooks servers in the USA. For technical reasons, it is necessary for Facebook to process your IP address. In addition, the date and time of y our visit to our website will also be recorded.If you are logged in to Facebook while visiting one of our plugged-in websites, the information collected by the plug-in from your specific visit will be recognized by Facebook. The information collected may then be assigned to your personal account at Facebook. If, for example, you use the Facebook Like button, this information will be stored in your Facebook account and published on the Facebook platform. If you want to prevent this, you must either log out of Facebook before visiting our website or use an add-on for your browser to prevent the Facebook plug-in from loading. Further information about the collection and use of data as well as your rights and protection options in Facebooks privacy policy found at
https://www.facebook.com/policy.php

Twitter plug-in

Our website uses the plug-in of the Twitter social network. The Twitter service is operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA ("Twitter").
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active
Twitter guarantees that it will follow the EUs data protection regulations when processing data in the United States.
The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website. If the plug-in is stored on one of the pages you visit on our website, your browser will download an icon for the plug-in from Twitters servers in the USA. For technical reasons, it is necessary for Twitter to process your IP address. In addition, the date and time of y our visit to our website will also be recorded. If you are logged in to Twitter while visiting one of our plugged-in websites, the information collected by the plug-in from your specific visit will be recognized by Twitter. The information collected may then be assigned to your personal account at Twitter. If, for example, you use the Twitter Tweet button, this information will be stored in your Twitter account and may be published on the Twitter platform. To prevent this, you must either log out of Twitter before visiting our site or make the appropriate settings in your Twitter account.
Further information about the collection and use of data as well as your rights and protection options in Twitters privacy policy found at https://twitter.com/privacy

YouTube

We use YouTube on our website. This is a video portal operated by YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as "YouTube".
YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google".
Through certification according to the EU-US Privacy Shield
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
Google and its subsidiary YouTube guarantee that they will follow the EUs data protection regulations when processing data in the United States. We use YouTube in its advanced privacy mode to show you videos. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the advanced privacy mode means that the data s pecified below will only be transmitted to the YouTube server if you actually start a video. Without this mode, a connection to the YouTube server in the USA will be established as soon as you access any of our webpages on which a YouTube video is embedded. This connection is required in order to be able to display the respective video on our website within your browser. YouTube will record and process at a minimum your IP address, the date and time the video was displayed, as well as the website you visited. In addition, a connection to the DoubleClick advertising network of Google is established. If you are logged in to YouTube when you access our site, YouTube will assign the connection information to your YouTube account. To prevent this, you must either log out of YouTube before visiting our site or make the appropriate settings in your YouTube account. For the purpose of functionality and analysis of usage behavior, YouTube permanently stores cookies on your device via your browser. If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.
Further information about the collection and use of data as well as your rights and protection options in Googles privacy policy found at https://policies.google.com/privacy

Data Protection Policy

1. Data protection principles

Better Music is committed to processing data in accordance with its responsibilities under the GDPR. Article 5 of the GDPR (General Data Protection Regulation) requires that personal data shall be:

a. processed lawfully, fairly and in a transparent manner in relation to individuals;

b. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

c. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

d. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

e. kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and

f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.”

2. General provisions

a. This policy applies to all personal data processed by Better Music.

b. The Responsible Person shall take responsibility for Better Music `s ongoing compliance with this policy.

c. This policy shall be reviewed at least annually.

d. Better Music shall register with the Information Commissioner’s Office as an organisation that processes personal data.

3. Lawful, fair and transparent processing

a. To ensure its processing of data is lawful, fair and transparent, Better Music shall maintain a Register of Systems.

b. The Register of Systems shall be reviewed at least annually.

c. Individuals have the right to access their personal data and any such requests made to Better Music shall be dealt with in a timely manner.

4. Lawful purposes

a. All data processed by Better Music must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).

b. Better Music shall note the appropriate lawful basis in the Register of Systems.

c. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.

d. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in Better Music’s systems.

5. Data minimisation

a. Better Music shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

6. Accuracy

a. Better Music shall take reasonable steps to ensure personal data is accurate.

b. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.

7. Archiving / removal

a. To ensure that personal data is kept for no longer than necessary, Better Music shall put in place an archiving policy for each area in which personal data is processed and review this process annually.

b. The archiving policy shall consider what data should/must be retained, for how long, and why.

8. Security

a. Better Music shall ensure that personal data is stored securely using modern software that is kept-up-to-date.

b. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorised sharing of information.

c. When personal data is deleted this should be done safely such that the data is irrecoverable.

d. Appropriate back-up and disaster recovery solutions shall be in place.

9. Breach

In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data, Better Music shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).

END OF POLICY

Changes to this policies

We have the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms by using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. Contacting us if you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site.

This document was last updated on June the 1st, 2018