Controller in charge for data processing within the meaning of the EU General Data Protection Regulation (GDPR) and all other relevant data protection laws is:
(hereinafter also referred to as: We/us)
We are very delighted that you have shown interest in our services. Data protection is of a particularly high priority for us. The use of our internet pages and websites by browsing is possible without any indication of personal data; however, if a data subject wants to use special services via our website, especially when using our „Booking” form and submitting your personal data in order to ask for our audio-engineering services, i.e. mastering and lacquer cutting, the processing of personal data becomes necessary. If there is no statutory basis for the processing of personal data, we generally obtain consent from you, „the data subject“ for such processing.
As the responsible controller we have implemented suitable technical and organizational measures to ensure the protection of your personal data processed through this website for the best of our knowledge and skills according to the latest state-of-the-art technologies. However, internet-based data transmissions may in principle have security gaps, so that absolute protection can not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone or post.
◦ a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
◦ b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
◦ c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
◦ d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
◦ e) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
◦ f) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
◦ g) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
◦ h) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
◦ i) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
◦ j) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
When using our websites, data is automatically transmitted to us by your Internet browser. We only collect the data that your browser transmits to our server (so-called “server log files”). Our website automatically collects a series of general data and information when a data subject or automated system calls up the website. Such data are:
- the browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system reaches our website (so-called referrers),
- the sub-websites,
- the date and time of access to the Internet site,
- an Internet protocol address (IP address),
- the Internet service provider of the accessing system, and
- any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is solely needed to
- deliver the content of our website correctly,
- optimize the content of our website as well as its advertisement,
- ensure the long-term viability of our information technology systems and website technology, and
- provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, we only analyze collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
On our website we are providing a booking form for your inquiries by which we ask you to provide and submit information about your music project, including personal data of you. Once we receive the data you have submitted through this booking form, we will store, use and process your personal data in order to get in contact with you and to send you information, such as a quote for the services you have requested via our booking form. We also provide information on how to get in contact with us on our website. In the context of using the booking form and submitting personal data to us and/or in the context of contacting us (e.g. via e-mail), personal data is collected and stored:
- billing address
- phone number
- project information, such as artist name, album title, catalog number and other inquiries, messages, questions to be individually formulated by you
These data are stored and used exclusively for the purpose of responding to your request/inquiry or for establishing contact and for the associated technical administration. In this context no personal data are transferred to third parties.
The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f GDPR. If your contact is aimed at concluding a contract with us about the audio-engineering services offered by us, the legal basis for the processing is Art. 6 (1) lit. b GDPR.
- Date and time of your order
- Project data
- Tax and/or company information, such as Tax and/or VAT-ID, relevant contact person at your company, etc.
a) Transfer of personal data for order processing purposes – Shipping
For shipping and delivery purposes of the masters we have cut in fulfillment of our obligations under a binding contract with you, we will assign a third-party company, such as UPS with the shipping of such masters. We will pass on your name, delivery address and e-mail-address (solely for messages concerning the shipped item) to the respective service company, as this is necessary for delivering your items and informing you on the delivery status according to Art. 6 (1) lit. b GDPR. These service companies are obligated to handle your data confidentially and in accordance with applicable data protection laws.
b) Purposes of data processing and data transfer
The processing and transfer of the personal data mentioned herein is neccessary for the conclusion, fulfillment and performance of contracts as well as steps at your request prior to entering into such contracts. Any personal data that are processed and transferred will only be used for the purposes that are set out herein.
c) Duration of storage, Removal and revocation
The duration of the storage of personal data is determined by the respective legal retention periods (e.g. commercial and tax retention periods according to the provisions of AO and/or HGB and other relevant laws to which we are subject). After expiry of these periods (e.g. ten years for relevant tax information, such as invoices) the corresponding data will be routinely deleted, provided they are no longer necessary for the performance, fulfillment, completion or initiation of a contract.
a) Description and scope of data processing
In order to make your visit to our website and use of its components comfortable and to enable the use of certain functions, we and our service partners use so-called cookies. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies may remain on your terminal and enable us or our partner companies (third-party cookies) to recognise your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP addresses. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. Cookies are also used to simplify the submittal process by saving settings. If personal data are also processed by cookies, the processing is carried out in accordance with Art. 6 (1) lit. b GDPR either for the execution of the contract or in accordance with Art. 6 (1) lit. f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings.
b) Legal basis for data processing
c) Purposes of data processing
– Ensuring the security of our website
– Statistical purposes, especially analyzing the range of our website
– Optimizing our online-services
These purposes are legitimate interests to process personal data within the meaning of Art. 6 (1) lit. f GDPR.
We do not use personal data generated by cookies to create identifiable user profiles. Some functions of our websites cannot be provided without the use of necessary cookies.
d) Duration of storage, Removal and revocation
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
◦ a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact us.
◦ b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
▪ the purposes of the processing;
▪ the categories of personal data concerned;
▪ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
▪ where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
▪ the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
▪ the existence of the right to lodge a complaint with a supervisory authority;
▪ where the personal data are not collected from the data subject, any available information as to their source;
▪ the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
▪ Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact us.
◦ c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact us.
◦ d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
▪ The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
▪ The data subject withdraws consent to which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
▪ The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
▪ The personal data have been unlawfully processed.
▪ The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
▪ The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact us. We will promptly ensure that the erasure request is complied with immediately, if the legal criteria are met.
◦ e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
▪ The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
▪ The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
▪ The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
▪ The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Lathesville, he or she may at any time contact us. We will arrange the restriction of the processing, if the legal criteria are met.
◦ f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR, or on a contract pursuant to point (b) of Article 6 (1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact us.
◦ g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6 (1) of the GDPR. This may also apply to profiling based on these provisions.
Lathesville shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense againts legal claims.
If Lathesville processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This may also apply to profiling to the extent that it is related to such direct marketing. If the data subject objects to Lathesville to the processing for direct marketing purposes, Lathesville will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Lathesville for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact us. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
◦ h) Automated individual decision-making, including profiling
Lathesville does not use or operate any automated individual decision-making data processing technologies, including profiling.
◦ i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time with future effect.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact us.
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under hhttps://developers.facebook.com/docs/plugins . During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific subsite of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
Besides Facebook you can also visit us on the following social media platforms:
On these platforms we inform users and customers about our services. For the processing of personal data on these platforms the terms of service and privacy policies of the company that is operating the respective platform apply. We do not have an influence on the processing of personal data on these platforms. If you use the platform to get in contact with us we will only use your personal data to communicate with you.
a) Art. 6 (1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
b) If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the provision of our services, the processing is based on Article 6 (1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c GDPR.
c) In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing is based on Art. 6 (1) lit. d GDPR.
d) Finally, processing operations may be based on Article 6 (1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
Where the processing of personal data is based on Article 6 (1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact us. If requested, we will clarify with you whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.