Data Protection Agreement

1 The Provider and Operator of the Oktav Platform ("Platform" or "Website") is OKTAV GmbH, a limited liability company with its registered office at Hafenstraße 47-51 in 4020 Linz, Austria ("Provider", for imprint see footer).

2 The present data protection provisions shall apply in addition to the (separate) General Terms and Conditions ("GTC") of the Provider.

3 The User hereby expressly gives his consent to the processing of his personal data in accordance with the following provisions. This consent may be revoked at any time with effect for the future (office@oktav.com).

4 If the processing of personal data is necessary for the provision of contractual services and/or due to overriding interests of the provider even after such revocation (Art 6 (1) (b), (f) DSG-VO Nr 2016/679), the Provider remains entitled to process this personal data.

Processing of personal data

5 The Provider processes the User's personal data (e-mail address, first name, surname if applicable, place of residence, date of birth) within the framework of the Platform for the purpose of providing its contractual services (Art. 6 (1) (b) Austrian Data Protection Act No. 2016/679) and stores such data for the duration of the contractual relationship or as long as this is necessary in connection therewith (e.g. for the treatment of post-contractual claims). The User has the right at any time to obtain information from the Provider about the processing of his personal data and also the right to demand their correction or deletion. The User also has the right to appeal to the competent supervisory authority. Personal data shall not be passed on to third parties by the Provider.

6 As described in the GTC, the Provider calculates and recommends suggestions on the basis of algorithms that suit the skill and musical taste of a User. Feedback from the User (e.g. on the level of difficulty or music preferences) is also included. For this purpose, data is collected and evaluated (e.g. previously retrieved music notes, duration of interaction, etc.) - this is a contractual service of the Provider and not "profiling" within the meaning of Art. 22 (1) of the Austrian Data Protection Act No. 2016/679, as the automatic evaluation of this data has no legal effect or otherwise significantly impairs the User. The Provider reserves the right to transmit this user data to cooperation partners (such as music publishers), but this is done in an anonymous form that does not allow any conclusions to be drawn about the individual user.

Tracking Tools

7 This website uses Google Analytics, a web analysis service provided by Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; "Google"). Use includes the "Universal Analytics" mode of operation. This makes it possible to assign data, sessions and interactions across several devices to a pseudonymous user ID and thus to analyze the activities of a User across all devices.

Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity and provide other services relating to website activity and internet usage to the website operator. Our legitimate interest in data processing also lies in these purposes. Sessions and campaigns are terminated after a certain period of time. By default, sessions end after 30 minutes of inactivity and campaigns end after six months. The maximum time limit for campaigns is two years. For more information on terms of use and privacy, please visit https://www.google.at/analytics/terms/us.html or https://policies.google.com/?hl=en.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by downloading and installing this browser add-on.

Opt-out cookies prevent the future collection of your data when you visit this website. To prevent Universal Analytics from collecting your information across multiple devices, you must opt-out on all systems you use. If you click here, the opt-out cookie will be set: Disable Google Analytics

8 The Platform/Website also uses Hotjar, an analysis software of Hotjar Ltd. ("Hotjar") (https://www.hotjar.com, Level 2, St Julian's Business Centre, 3, Elia Zammit Street, St Julian's STJ 1000, Malta, Europe). With Hotjar it is possible to measure and evaluate the user behaviour (clicks, mouse movements, scroll heights, etc.) on the website. The information generated by the "tracking code" and "cookie" about your visit will be transmitted to and stored on the Hotjar servers in Ireland. The tracking code collects the following information:

Device dependent data: The following information may be recorded by your device and browser: (i) The IP address of your device (collected and stored in an anonymized format), (ii) your email address including your first and last name if you have provided it through the Platform, (iii) screen size of your device, (iv) device type and browser information, (v) geographic location (country only), (vi) preferred language for displaying the Platform, (vii) user interactions, (viii) mouse events (movement, position and clicks), (ix) keystrokes.

Log data: The following data is automatically generated by our servers when Hotjar is used: (i) related domain, (ii) visited pages, (iii) geographical location (country only), (iv) preferred language to display the platform, (v) date and time of access.

Hotjar will use this information for the purpose of evaluating your use of the Platform, compiling reports on such use, and providing other services relating to the use and online evaluation of the Platform. Hotjar also uses third-party services such as Google Analytics and Optimizely to provide services. These third party companies may store information that your browser sends during your visit, such as cookies or IP requests. For more information on how Google Analytics and Optimizely store and use data, please refer to their respective privacy statements.

If you use this website, you consent to the above-mentioned processing of your data by Hotjar and its third party providers in accordance with their privacy policies.

The cookies that Hotjar uses have a different "lifetime"; some remain valid for up to 365 days, some remain valid only during the current visit.

You can prevent Hotjar from collecting this information by clicking on the following link and following its instructions: Disable Hotjar

Google Adwords

9 Our website uses Google Conversion Tracking. If you have reached our website via an ad placed by Google, Google Adwords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies expire after 30 days and are not personally identifiable. If the User visits specific pages on our website and the cookie has not expired, we and Google may recognize that the User clicked on the ad and was directed to that page. Each Google AdWords customer receives a different cookie. As a result, cookies cannot be tracked through AdWords customer websites. The information collected from the Conversion cookie is used to generate conversion statistics for AdWords customers who have opted for Conversion Tracking. Customers will know the total number of users who clicked on their ad and were directed to a page with a conversion tracking tag. However, they will not receive information that personally identifies users.

If you do not wish to participate in tracking, you can refuse to set a cookie as required, for example by setting your browser to disable the automatic setting of cookies or by setting your browser to block cookies from the "googleleadservices.com" domain.

Please note that you may not delete the opt-out cookies unless you wish to have measurement data recorded. Once you have deleted all cookies from your browser, you will need to set the opt-out cookie again.

This website also uses Google's remarketing feature. This feature is used to show interest-based ads to website visitors within the Google advertising network. A "cookie" is stored in the website visitor's browser, which makes it possible to recognize the visitor when he or she visits websites that belong to the Google advertising network. On these pages, advertisements can be presented to the visitor which refer to contents which the visitor has previously called up on websites which use the remarketing function of Google.

According to its own information, Google does not collect any personal data during this process. However, if you do not want Google's remarketing function to work, you can always deactivate it by making the appropriate settings at https://www.google.com/settings/ads. Alternatively, you can deactivate the use of cookies for interest-related advertising via the advertising network initiative by following the instructions under http://optout.networkadvertising.org/?c=1.

Youtube

10 We embed Youtube videos on our website. Operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit a page using the YouTube plugin, it connects to Youtube servers. This will tell Youtube which pages you are visiting. If you are logged in to your Youtube account, Youtube can assign your surfing behavior to you personally. You can prevent this by logging out of your Youtube account beforehand.

If a Youtube video is started, the provider uses cookies that collect information about user behavior.

If you have deactivated the saving of cookies for the Google Ad program, you will not have to reckon with such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in your browser.

You can find further information on data protection at "Youtube" in the provider's data protection declaration at: https://policies.google.com/privacy

Facebook

11 Due to our legitimate interests in the analysis, optimisation and economic operation of our online service and for these purposes, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used within our online service.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active). With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). Using Facebook pixels, we also want to ensure that our Facebook ads match the potential interest of users and are not annoying. Using Facebook pixels, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing if users were referred to our website after clicking on a Facebook ad (known as "conversion").

Facebook processes data in accordance with the Facebook Data Usage Policy. Accordingly, general information on the presentation of Facebook ads is contained in Facebook's data usage policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and how it works can be found in the Facebook Help Center: https://www.facebook.com/business/help/651294705016616. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

You may also opt-out of the use of cookies to measure reach and for advertising purposes via the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/?c=1) and the U.S. website (http://optout.aboutads.info/?c=2&lang=EN) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

Intercom

12 Our Website uses the message and customer service tool offered by Intercom Inc., 55 2nd St, 4th Fl., San Francisco, CA, 94105, USA and Intercom R&D Unlimited Company, 2nd floor, Stephen court, 18-21 St. Stephen’s green, Dublin 2, Ireland at www.intercom.com („Intercom“). When you use the message tool and/or customer service within our Service, your data, such as name, email address, used operating system, browser version, referrer, IP address as well as the content of your message(s) will be transferred to Intercom and stored on Intercom’s servers in the US. Intercom will then use these data to provide and fulfill its services vis-à-vis us (as set forth in their terms of service, available at https://docs.intercom.com/pricing-privacy-and-terms/intercom-terms-of-service) in order to answer your questions and customer inquiries relating to our Service.

Any questions regarding the services of Intercom may be addressed to directly to Intercom, for example via email to team@intercom.com. The privacy terms of Intercom are available at: https://www.intercom.com/privacy.

Newsletter

13 The following information will inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you agree to the receipt and the described procedures.

We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "Newsletter") only with the consent of the recipient or a legal permission. If the contents of the Newsletter are specifically rewritten in the course of registration, they are decisive for the consent of the User. In addition, our newsletters contain information about our offers and campaigns, our company and current news from the industry.

The registration to our newsletter takes place in a so-called double opt-in procedure and is part of the general registration to the Platform. This means that you will receive an e-mail after registration in which we ask you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the Newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. The changes to your data stored at Mailchimp are also logged.

The Newsletter is sent via "Mailchimp", a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The e-mail addresses of our Newsletter recipients as well as their other data described in this notice will be stored on Mailchimp's servers in the USA. Mailchimp uses this information to send and evaluate newsletters on our behalf. Furthermore, according to its own information, Mailchimp can use this data to optimise or improve its own services, for example to technically optimise the dispatch and presentation of the Newsletter or for economic purposes in order to determine from which countries the recipients come. However, Mailchimp does not use the data of our Newsletter recipients to write to them or to pass them on to third parties. We rely on the reliability and IT and data security of Mailchimp. Mailchimp is certified under the US-EU Privacy Shield and is committed to complying with EU data protection regulations. In addition, we have concluded a data processing agreement with Mailchimp. This is a contract in which Mailchimp undertakes to protect the data of our users, to process it on our behalf in accordance with their data protection regulations and, in particular, not to pass it on to third parties. You can view Mailchimp's privacy policy here.

To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally it can happen that we ask you for your name. This information is only used to personalize the Newsletter.

The Newsletters contain a so-called "Web Beacon", i.e. a pixel-sized file which is retrieved by a Mailchimp server when the Newsletter is opened. As part of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval is collected. This information is used to technically improve the services based on technical data or target groups and their reading behaviour based on retrieval locations (which can be determined with the help of the IP address) or access times. Statistical surveys also include determining whether Newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual Newsletter recipients. However, it is not our our Mailchimp’s aim to observe individual users. The evaluations serve to identify the reading habits of users and to adapt content to them.

There are cases in which we direct newsletter recipients to the Mailchimp websites. For example, our Newsletters contain a link that Newsletter recipients can use to access the Newsletters online. Furthermore, newsletter recipients can subsequently correct their data, such as their e-mail address. Likewise, Mailchimp's privacy policy can only be accessed on its website. In this context, we would like to point out that cookies are used on Mailchimp's websites and that personal data is processed by Mailchimp, its partners and service providers (e.g. Google Analytics). We have no influence on this data collection.

You can cancel the receipt of our Newsletter at any time, i.e. revoke your consent. You will find a link to cancel the Newsletter at the end of each Newsletter. After cancellation, we will delete your data except for your e-mail address. The e-mail address is stored on a blacklist and is only used to ensure that we do not send any further e-mails to your e-mail address.

In accordance with the provisions of the Data Protection Regulation (DSGVO), we would like to inform you that your consent to the sending of e-mail addresses will be obtained on the basis of Art. 6 Para. 1 lit. a, 7 of the Data Protection Regulation (DSGVO). The use of Mailchimp, the performance of statistical surveys and analyses as well as the logging of the registration procedure are based on our legitimate interests pursuant to Art. 6 para. 1 lit. f of the Data Protection Regulation (DSGVO). Our interest is directed towards the use of a user-friendly and secure newsletter system which serves both our business interests and the expectations of the users. We would also like to point out that you can object at any time to the future processing of your personal data in accordance with the statutory provisions pursuant to Art. 21 of the Data Protection Regulation (DSGVO). The objection can be made in particular against the processing for purposes of direct marketing.

Cookies

14 We use various technologies, including so-called cookies, to design the website / platform according to your needs and to collect certain information. Cookies are used to simplify Internet use and communication.

Cookies are small text files (max. 4 KB in size) which our website sends to your browser and which are stored on your device in order to store them there as an anonymous identifier. The purpose of these cookies is, for example, to better control the connection during your visit to our website and to provide more effective support when you return to our website. Without this “temporary storage", some applications would have to repeat entries that have already been made. A cookie contains only the data that a server issues and/or the user enters on request (e.g. structure: information on domain, path, expiry date, cookie name and value). Cookies therefore contain purely technical information and no personal data. A cookie cannot spy on a hard disk.

If you wish, you can generally suppress the storage of cookies via your web browser or decide whether you wish them to be saved or not by means of a note. The non-acceptance of cookies can, however, result in some pages no longer being displayed correctly.

Payment

15 Via our services you have the possibility to initiate booking procedures. When this is necessary for the fulfilment of the contract, data will also be transferred to our payment service provider or the credit institution commissioned with the handling of payments. The scope of the data is limited to the necessary minimum for the purpose of contract processing.

In the case of payment by credit card or direct debit, payment is processed via Stripe's payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland. More information about Stripe's privacy policy can be found at https://stripe.com/de/privacy

Hosting

16 The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services which we use for the purpose of operating this online service.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO in connection with Art. 28 of the Data Protection Regulation (DSGVO)(conclusion of an order processing contract).

Miscellaneous

17 In addition, each Web server automatically registers access to Web sites. When you visit our Website/Platform, our web server temporarily records the domain name or IP address of the requesting computer as well as the date of access, the file name and URL you accessed, the HTTP response code and the website from which you are visiting us, as well as the bytes transferred during the connection for the purpose of system security. This information is stored anonymously. It is not possible to draw any conclusions about your person or your individual behaviour.

18 Additional personal data will not be collected unless you expressly provide this information in the course of registration. We treat your data responsibly and in accordance with the statutory provisions.