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General terms and conditions
General Terms and Conditions for using Music2Deal
"Music2Deal” refers to the service provided subject to these General Terms and Conditions and/or Music2Deal e.k..
By logging on to Music2Deal, you accept the following General Terms and Conditions for using Music2Deal. The user (in the following defined as "MEMBER" (singular) or “MEMBERS” (plural) enters into this agreement on the use of Music2Deal services with Music2Deal e.k., Rappstr. 2, 20146 Hamburg, Germany. Additional contact information, commercial registry data, as well as the name of the authorized representative of Music2Deal can be found under “About This Site”. The services provided by Music2Deal are intended exclusively for persons of legal age who are working with music in the broadest sense (or who have something to do with music in a professional way in the broadest sense). The MEMBER can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all Music2Deal pages.
1. Subject Matter
1.1 Music2Deal offers to the registered MEMBERS a virtual platform on the Internet to bring together the members with other members, especially regarding their music offers and music demands Music2Deal is divided into five (5) areas: Business Contacts, Artists, Songs, Music Licensing, Vocalists. The five (5) areas are each divided into requests and offers. The offers and requests in the areas of artists, songs, music licensing, and vocalists will generally be named music offers and music requests below.
1.2 Music2Deal offers to the registered MEMBERS three (3) options: a) a free membership which is hereinafter referred to as “Basic Membership”, b) a free membership which is hereinafter referred to as “Premium Trial Membership”, and c) a paid membership which is hereinafter referred to as “Premium Membership”
1.3 With the Basic Membership, the member can access (and listen to) the music offers and music requests on music2deal. The user can publish music requests, business contact requests as well as display their own profile as a business contact and offer and communicate with other users. Further applications such as the ‘music agent’ or the ‘user statistics’ are also available on the website.
1.4 With a Premium Membership, the member is also able to upload music files (in MP3 format, as stated on the website) into the Music2Deal system and publish them as ‘music offers’. Details about the applicable fees for the Premium Membership can be found in each member’s "My Music2Deal" area under "Pricing." The fees listed under "Pricing" are binding.
1.5 Music2Deal may deliver invoices to the MEMBER for a Premium Membership by email. In addition, music2deal shall make said invoices available for download by the MEMBER in the “My Music2Deal” area for a period of one (1) year from the date of invoicing.
1.6 Payments for the Premium Membership shall be due immediately upon invoicing.
1.7 Payment can be made using the various debiting procedures available, via the accepted credit cards, or the available online payment systems. If Music2Deal is not able to collect any fees from an account designated by the MEMBER due to lack of funds, the MEMBER shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the MEMBER is responsible for the event that triggers these costs. In case of a transfer from foreign countries the MEMBER pays the full expenses of the transfer costs.
1.8 A member with a Basic Membership will automatically receive a one-month Premium Membership trial as soon as the member successfully (= accepted registration) invites two (2) "business friends" (people who work in the music industry). Any further "business friends" invited will be taken into account the following month. With a Premium Membership trial, the member can upload two (2) music files into the Music2Deal system and use them to publish up to two (2) music offers.
1.9 A member with a Premium Membership or a Premium Membership Trial has an expanded view of the last visitors to his profile in the statistics SECTION.
1.10 Fees may be different for each territory, however, a MEMBER must only pay the fee for the territory in which they live, they can not pay a different territory's fee. If there is no contract for the MEMBER's country, the contract will be effective from the country or area which is responsible for the country where the MEMBER lives. If there is no country in Music2Deal.com responsible for the MEMBER than the German contract will be effective.
1.11 Music2Deal merely provides the MEMBERS with a platform on which to establish contact with other MEMBERS and their music offers and music requests and only provides those technical applications that allow MEMBERS to contact one another. As regards to content, Music2Deal does not take part in any communication between MEMBERS. If MEMBERS enter into agreements with one another over Music2Deal, Music2Deal shall not be a contracting party to those agreements. The MEMBERS alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. Music2Deal shall not be held liable if MEMBERS are unable to contact one another over Music2Deal regarding such agreements. Furthermore, Music2Deal shall not be liable for breaches of duty in relation to agreements entered into between MEMBERS.
1.12 The MEMBER acknowledges and agrees that it is technically impossible to achieve 100% availability of Music2Deal. Music2Deal shall nonetheless endeavour to keep Music2Deal available without interuption. Events related to maintenance, security or capacity requirements, and/or events beyond Music2Deal's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Music2Deal.
1.13 Group moderators on Music2Deal are entitled to choose their members. They may freely choose whether or not a MEMBER may join their group.
1.14 With a membership on Music2Deal the member also receives a regular newsletter as well as other notifications concerning their membership (e.g.: statistics or notifications). The user can unsubscribe from the newsletter by clicking on the link in the newsletter.
1.15 Any use of the services and contents offered on Music2Deal beyond the scope of options provided by Music2Deal requires the prior written consent of Music2Deal.
1.16 Music2Deal shall only make data and/or information provided by the MEMBER available for other uses provided that this data and/or information does not violate any laws or these General terms and conditions. Music2Deal is entitled to remove any illegal or prohibited data and/or information from Music2Deal without prior notice to the MEMBER.
2.1 MEMBERS must register prior to using Music2Deal.
2.2 The MEMBER warrants and represents that all of his data he provided for registration is accurate and complete. The MEMBER shall report any changes in the registration data to Music2Deal without undue delay.
2.3 The MEMBER warrants and represents that he or she is of legal age and working with music in the broadest sense (has something to do with music in a professional way in the broadest sense) at the time of registration.
2.4 The MEMBER shall choose a password upon registration. The MEMBER is obliged to keep this password secret. Music2Deal shall not disclose the password to any third party.
2.5 By completing the registration process, the MEMBER consents to enter the agreement to use the services of Music2Deal. Music2Deal accepts their offer by activating the membership for the use of services on Music2Deal. The agreement takes effect with the aforementioned acceptance by Music2Deal.
2.6 Each MEMBER is entitled to register with Music2Deal only once, and the MEMBER may only establish one (1) MEMBER profile.
2.7 It is technically not possible for Music2Deal to determine with certainty whether any MEMBER registered with Music2Deal is in fact the real person he or she purports to be. Therefore, music2deal assumes no liability for the actual identity of a MEMBER. Each MEMBER is solely responsible for checking the actual identity of another MEMBER.
3. Right of cancellation
3.1 The MEMBER may cancel registration for the Basic or Premium Membership in writing (e.g. by letter or email) within two (2) weeks without stating a reason. This period begins when membership is activated by Music2Deal, but not before the receipt of these instructions.
3.2 The MEMBER may cancel registration for the Premium Membership in writing (e.g. by post or email) within two (2) weeks without stating a reason, after changing from Basic Membership to Premium Membership. This period begins when Premium Membership is activated by Music2Deal, but not before the receipt of these instructions.
3.3 For meeting the cancellation deadline in each of the abovementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the abovementioned cases, the cancellation notice should be sent by post to Music2Deal e.k., Rappstr. 2, 20146 Hamburg, Germany. The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages, or by sending an email to email@example.com. The MEMBER’s right of termination under section 8 shall not be affected by the MEMBER’s cancellation right under this section 3.
3.4 Premature lapse of the right of cancellation The MEMBER’s right of cancellation lapses before the end of the right of cancellation period if Music2Deal has begun performing the Music2Deal services for which the MEMBER is registered with the express consent of the MEMBER, or if the MEMBER has initiated the Music2Deal services for which the MEMBER is registered (e.g. in which the MEMBER has accessed the Music2Deal services that Music2Deal has made available to the MEMBER in accordance with the type of Membership chosen by the MEMBER). In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the MEMBER is not fully or partially able to restore the benefits, or only be able to restore them in poor condition, to Music2Deal, then the MEMBER must reimburse Music2Deal for the corresponding value. The MEMBER must fulfill obligations for refunding within 30 days after dispatch of the cancellation notice.
4. Extent of Rights. MEMBER transfers all necessary rights for the fulfillment of this contract to Music2Deal. This includes:
4.1 the partial or complete use of sound recordings in databases or datanets (i.e. internet, www, etc.), feeding into databases or nets, saving, distributing and making them available to MEMBERS of databases/nets through cable or other media of transmission for acoustic/visual perception and/or duplication.
4.2 the right to advertise and "bracket part analysis" (i.e. the authorization to use parts of the music2deal.com presentation, including the use of the name and picture of the title provider, for advertising purposes). The use of music, however, is only possible under the prerequisite of the MEMBER´s agreement.
5. Obligations of the MEMBER. The MEMBER is obliged:
5.1 To provide only true and non-misleading statements in the MEMBER profile and in communications with other MEMBERS;
5.2 That their provided material is not being restricted in terms of copyright, or to violate others rights or use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law;
5.3 That all their data as well as comments or the compositions and texts/lyrics do not contain any material which is offensive, obscene or in any way illegal;
5.4 To do no actions with the intention of damaging Music2Deal including its infrastructure and functionality, particularly actions which may overload said infrastructure. This is particularly true by employing any mechanisms, software or scripts when using Music2Deal sites. The MEMBER is responsible for that the data which is being uploaded to the Music2Deal.com website or provided otherwise to us does not disturb our website or data, nor the computer or data of our customers and MEMBERS, that it does not contain any viruses and is technically sound;
5.5 To not unreasonably annoy (particularly with spam) or engage in offensive or sexually oriented communication (explicit or implicit) with any other Music2Deal MEMBERS;
5.6 To not use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales);
5.7 To not do any blocking, overwriting, modifying and/or copying of any contents of Music2Deal, unless said actions are necessary for the proper use of the services on Music2Deal;
5.8 To not do any distributing or publicly disclosing of the contents of any of the Web sites of music2deal or any other MEMBER;
5.9 To not use any insulting or defamatory content, regardless of whether said content is directed at another Member or the Operator's personnel or other companies;
6. Warranty, Liability and Indemnity
6.1 Music2Deal is liable for any damage only in the case of intentional and culpable negligence. This applies also for damage caused by fulfillment and performing assistance. Liability is restricted to the damage predictable at the time of contracting.
6.2 Music2Deal is not liable for:
6.2.1 any delay in respect of uploading (upgrading, price changes, or payment)
6.2.2 economic losses (arising out of or in connection with this agreement)
6.2.3 damage of reputation or loss of goodwill
6.3 Neither party is liable for any violation of this contract caused by force majeure, including (but not limited to) terrorism, fire, accident, civil war, government action, failure of power supply, network failure, strike, lock out, and default or failure of a subcontractor or supplier.
6.4 Music2Deal does not make any warranties or representations regarding any data and/or information provided or made available by any MEMBER on Music2Deal or on any external websites linked to them. In particular, Music2Deal does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.5 The MEMBER shall indemnify and exempt Music2Deal from all actions, including damage claims, asserted by other MEMBERS or third parties against Music2Deal resulting from an infringement of their rights by the contents posted by the MEMBER on Music2Deal. Additionally, the MEMBER shall indemnify and exempt Music2Deal from all actions, including damage claims, asserted by other MEMBERS or third parties against Music2Deal resulting from an infringement of their rights regarding the use of the services of Music2Deal by the MEMBER. The MEMBER assumes all reasonable costs Music2Deal incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by Music2Deal, are hereby unaffected. The aforementioned obligations shall not apply to the extent the MEMBER is not responsible for the infringement.
6.6 In the event the content posted by the MEMBER infringes any rights of any third party, the MEMBER shall, at its own expense and at Music2Deal's discretion, either obtain the right to use said content or render said content free of any infringement. In the event the MEMBER infringes third-party rights when using the services of Music2Deal, the MEMBER shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Music2Deal. The MEMBER may report any activities of any other MEMBER which violate applicable laws and/or any of the terms and conditions of these General Terms and Conditions using the contact form available on most Music2Deal pages.
7. Changes to the Services of Music2Deal. Music2Deal reserves the right to modify its services and/or to offer services different from those offered at the time of the MEMBER's registration at any time, unless this is unreasonable for the MEMBER.
8. Termination of Membership, Reimbursement of Advance Payments
8.1 The MEMBER may terminate the Basic Membership and the Premium Trial Membership at any time without cause. The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages or by sending an email to firstname.lastname@example.org at any time. The termination notice shall include the MEMBER’s registered name and an email address of the MEMBER registered on one of the Music2Deal Web sites.
8.2 The Premium Membership has a duration of three (3) months and can be terminated without cause by the MEMBER by giving notice fourteen (14) business days before the end of the duration. The Premium Membership will automatically be extended for another three (3) month, unless the Premium Membership has been canceled by the MEMBER.
8.3 The MEMBER may deliver notice of termination using the contact form available on most Music2Deal pages, or by sending an email to email@example.com or by letter to Music2Deal. The termination notice shall include the registered name of the MEMBER and an email address of the MEMBER registered on Music2Deal. If the MEMBER has terminated the Premium Membership, the MEMBER is entitled to retain a free Basic Membership until such termination takes effect. The provisions shall not affect the right of both parties to terminate the agreement for good cause.
8.4 A good cause is defined as an event which makes it unacceptable for Music2Deal to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Music2Deal against the MEMBER's. A good cause includes any of the following events:
8.4.1 If the MEMBER fails to comply with any applicable legal provisions
8.4.2 If the MEMBER breaches a contractual obligation, in particular an obligation set forth in sections 2 and 5 of these General Terms and Conditions.
8.4.3 If the reputation of music2deal is substantially impaired by the online presence of the MEMBER
8.4.4 If the MEMBER causes harm to any other MEMBER(s)
8.5 In the event of a good cause in accordance with section 8.3 and notwithstanding Music2Deal's right to terminate the contract in accordance with section 8.4, Music2Deal is entitled to: Delete the contents posted by the MEMBER Issue a warning, or Block the MEMBER's access to the services on Music2Deal
8.6 In the following cases, the MEMBER shall not be entitled to claim reimbursement of any advance payments: If Music2Deal has terminated the contract for good cause pursuant to section 8.3, If Music2Deal has blocked the MEMBER’s access in accordance with section 8.4, or If the MEMBER has terminated the agreement. However, the MEMBER's right to claim reimbursement of any advance payments shall not be excluded in this case if the MEMBER has terminated the agreement for a good cause attributable to Music2Deal.
10. Final Provisions
10.1 This contract and any modifications in addition must be in writing to be valid. No secondary agreements exist.
10.2 Music2Deal reserves the right to amend these General Terms and Conditions at any time, without giving reasons, unless a modification is unreasonable to the MEMBER. Music2Deal shall give due notice of any modification of these General Terms and Conditions to the MEMBER. If the MEMBER does not object to the applicability of the reworked General Terms and Conditions within two (2) weeks after receipt of said notice, the amended General Terms and Conditions shall be deemed to be accepted by the MEMBER. Music2Deal shall inform the MEMBER about the MEMBER's right to object and of the relevance of the objection deadline in said notice.
10.3 Unless otherwise agreed in these General Terms and Conditions, the MEMBER may submit all notices to Music2Deal by email to firstname.lastname@example.org or by using the contact form provided on most of the Music2Deal pages, or by letter. Music2Deal may send notices to the MEMBER by email or post to the addresses given in the MEMBER’s current contact data in his or her MEMBER account.
10.4 Should any regulation contained in this contract be or become invalid or in case there is any gap in the contract, the legal validity of all other regulations is maintained. In place of the voided regulation, a regulation shall be considered as valid which comes closest to the one chosen by the contracting MEMBERS; the same applies to a gap in the contract.
10.5 The place of performance under these General Terms and Conditions shall be Music2Deal's main place of business.
10.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Music2Deal.
10.7 These General Terms and Conditions and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law. Terms and Conditions on Data Protection of Music2Deal "Music2Deal” refers to the service provided subject to these General Terms and Conditions and/or Music2Deal e.k.. In these terms and conditions on data protection Music2Deal would like to inform you about how Music2Deal handles your personal data and how you can exchange this data with other MEMBERS of Music2Deal. These terms and conditions supplement the General Terms and Conditions for using Music2Deal provided on most of the Music2Deal pages.
Terms and Conditions on Data Protection of Music2Deal
"Music2Deal” refers to the service provided subject to these General Terms and Conditions and/or music2deal e.k.. In these terms and conditions on data protection Music2Deal would like to inform you about how Music2Deal handles your personal data and how you can exchange this data with other MEMBERS of Music2Deal. These terms and conditions supplement the General Terms and Conditions for using Music2Deal provided on most of the Music2Deal pages.
1. Personal Data
1.1. By personal data we mean information, which can be used to find out your identity. This, for example, is your full name, your address, your telephone number. Information about which content was requested by a certain IP address or which browser you used to access our website does not belong to this term.
1.2. Music2Deal shall collect, process and use your Personal Data in accordance to the General Data Protection Regulation (GDPR).
1.3. Music2Deal shall use your Personal Data solely to provide you the Music2Deal Services on the Internet for which you have registered. Music2Deal only when requested and required for technology and/or legal compliance will share your Personal Data with a third party, either for advertising or for marketing or any other purposes as defined during the negotiations of Music2Deal with such 3rd parties.
1.4. Music2Deal needs to collect and process certain elements of your Personal Data in the course of the registration process. This data includes your password and/or your user name which might be visible to any Music2Deal-Member at any time if the hidden mode is not selected by the user. Music2Deal shall never disclose or pass your password and/or your user name on to any third party.
1.5. Furthermore, you will need to fill out the following Personal Data in the course of the registration process (mandatory fields): First name, Last name, Company name, e-mail Address, Main Business Activity. You should select one of the main activities shown on the site. An empty field labelled as “REFERENCE” where you state that you are involved professionally in music. Here you can also enter links which prove your credential or claims of being a music professional. The information entered here in this field is subsequently displayed on the profile as - "References". This information can be changed on “Edit profile” after your registration has been accepted.
1.6. Furthermore the following data can be added, edited and deleted on “Edit profile”: Profile Data, Main activity (selection box, options see website), Secondary activity (selection box, options see website), Company Profile, Personal Profile, References, Contact data, First name, Last Name, Company name, Street, Country, Phone 1, Phone 2, e-mail, Home, Date of Birth and upload a picture. In this context, each member can determine which data will be published and which will not be in accordance with the General Terms and Conditions agreement. If the data has been entered by the user, other Music2Deal members will be able to view this information without restrictions except for the username and the password. Visitors who are not registered on Music2Deal will not be allowed to see the following information even though it has been entered: Company Profile, Personal Profile, References, Street, Postcode, Phone 1, Phone 2, e-mail, Home, Date of Birth.
1.7. Music2Deal uses the Personal Data of the registered member for the below:
- administer your “member” accounts with Music2Deal
- verify your “member” identity
- process materials submitted by yourself - “ the member ”
- send information about similar products and services OR information which we think you might find useful
- carry out marketing analysis and make general improvements to the website
- obtain your views or comments on the services we provide
- ensure that content from the website is presented in the most effective manner for you and for the device you use to engage with Music2Deal
- carry out our obligations towards any 3rd parties and/or partners arising from any contracts or agreements entered into between you and us
1.8. Who may receive information about you
We only pass your personal data onto third parties when this is required to fulfil our business purposes (i.e. in particular to manage the services we are obliged to provide you with, e.g. to make your profile available to another user), when you have given your consent to this (e.g. when using an external application), or when we are obliged to on legal grounds, by court order, or at the request of another official authority. External service providers for our data processing (e.g. software contractors who enhance the Music2Deal website and/or develop internal and/or external applications), work with us after signing with us a very tight Non Disclosure Agreement. In all such instances, Music2Deal remains responsible to you for data processing.
We review each of these service providers beforehand with regard to the measures they have undertaken to ensure data protection and data security, thereby safeguarding the contractual provisions as stipulated by law for the protection of the personal data.
- Non-Member of Music2Deal: Music2Deal provides the option within the settings of a member's account to limit the data visible in his/her profile only to members of Music2Deal. This can be done by choosing “No” at the status for display as a “Public profile”. By choosing “Yes” the member's profile can be visited by general public not identifiable by Music2Deal e.g. the general public can visit such public profiles by using search engines or other such direct links and Music2Deal won´t be able to identify such visitors in any way whatsoever as this is beyond the control of Music2Deal.
- Invited people: As a member of Music2Deal you can invite other people to become a member on Music2Deal. As soon as they accept your invitation and join Music2Deal they are added to your “business friends” list on Music2Deal. During this process of invitation, Music2Deal collects personal data of the member being invited and processes it solely for the purpose of invitation. Music2Deal will not use such data for any other purpose. It is important to note that when a member sends an invitation to the recipient, the recipient will be able to see the following information: First name, Last name, Company name, Photo, Main Activity, Country and City.
- Technical partners receive access to data for the development and operation of applications of Music2Deal. Technical partner could be: Public authorities and courts, Technical service providers, Hosting providers, Ad server providers, E-mail sending providers, E-mail marketing providers, Marketing automation software providers, CRM providers, Software developers, Agencies, Market research and survey tool providers, Remarketing/Retargeting providers, Sales service providers and call centres, Service providers for advertising campaigns and the display of ads, Providers of tools for website use analysis, R&D cooperation partners, Other platform providers for the purpose of "Social Plugins" and Event partners.
- Our members possess the ability by clicking the button “external connections” to connect and to disconnect their accounts with external social media accounts e.g. Facebook, LinkedIn and Twitter. For each social media connection made our member can set up the following:
- Share new offers: Each newly created Offer on Music2Deal.com will be shared automatically with these external social media accounts, unless the profile is marked as private.
- Share new wants: Each newly created Want on Music2Deal.com will be shared automatically with these external social media accounts, unless the profile is marked as private.
- Share votes: Each new like or vote on Music2Deal.com will be shared automatically with these external social media accounts, unless the profile is marked as private.
- Connect external profile: For each external account you have connected to Music2Deal, the corresponding social media connection is denoted by an icon (the logo of the social media company). This is visible besides your name which appears on the Music2Deal profile page.
- Whenever you choose a premium membership we process your payment information such as your credit card and bank details. We also process information and share this information with our Payment Service providers, receivables management providers and/or debt collection providers.
- In the event that we sell some or all of our business interests and/or assets to any third party or as part of any business restructuring or reorganisation (in such circumstances we will take steps to ensure that your privacy continues to be protected) or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.
- In-case Music2Deal And/Or all/partial/substantial of its assets are acquired by a third party, then in this case - Personal Data held by Music2Deal about its members will be one of the transferred assets.
- If we reasonably believe that we are under a duty to disclose or share your Personal Data as required by law (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime) or in order to comply with any legal obligation, or in order to enforce or apply other agreements we may have with you; or to protect the rights, property, or safety of Music2Deal, our customers, or other public in general. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
1.9. We save those data until the respective user either deletes this data themselves or their user account is deleted.
1.10. Music2Deal uses a security system that protects any personal information that is stored on our servers from unauthorised use. However, as no data transmissions over the Internet can be guaranteed to be 100% secure, we cannot take responsibility for any unauthorised access or loss of personal information that is beyond our reasonable control.
2. Non-personal data
2.1. Automatically recorded information (non-personal data): When you access our website, we may automatically (i.e. without a registration process) record general non-personal information (e.g. IP number, type of Internet browser and operating system used, domain name of the website from which you accessed our site, number of visits, average time spent on the site, pages viewed). This information may make it possible to draw conclusions about personal data. If it is essential that we record, process and use your communication or utilize such non-personal data then the usage is subject to the legal data protection regulations as per the courts of Hamburg, Germany.
Cookies are small files that are temporarily stored on your hard disk. Naturally, you can also view our website without cookies. Our cookies contain no personal information, in order to ensure that your privacy is protected. Most browsers accept cookies automatically. You can stop cookies from being saved by selecting "Do not accept cookies" in your browser. To learn how to do this for your specific browser, please refer to the manufacturer's instructions for your browser. If you do not accept cookies, this may however mean that you cannot use all of the functions of our website.
2.3. All access to our servers, web pages and data bases from Music2Deal are subjected to logging. We regularly gather the below:
- IP address of the requesting computer
- Date and time of the request
- Access method/function wanted by the requesting computer
- Input values transmitted by the requesting computer (file name,…)
- Access status of the Web server (files transfer, file not found, command not implemented, etc.)
- Name of the requested file
- URL, from which the file and/or the desired function was requested.
The stored data is used for identification purposes and to keep track of inadmissible access attempts and accesses on our internet servers. We make anonymous sum statistics and statistic evaluations for the improvement of our offers. However during this process of making anonymous sum statistics, some data might accrue at our end which might potentially permit conclusions on individual users.
2.5. Java applets, Flash components or similar technologies are being used on Music2Deal to enhance your interactive experience on Music2Deal. No personal data is being stored by these technologies.
3. Your individual rights
Under the GDPR your rights are as follows.
3.1 Right to object
- General: You have the right to object at any time to the processing of personal data concerning you, pursuant to Article 6 (1) f) of the EU GDPR. This shall also apply to any profiling carried out on the basis of these provisions. Please use our contact form to submit any of your objection/s.
- Direct marketing / newsletters: If we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing. This includes profiling to the extent that it is related to such direct marketing. You can unsubscribe to our newsletters at any time in your notification settings on Music2Deal, or in your e-mails by clicking on the link provided at the end of the respective newsletter, without incurring any costs other than the transmission costs in accordance with the basic tariffs. In some applications there are different ways of unsubscribing to a newsletter or notifications. At the Music2Deal Settings you can subscribe and unsubscribe those notifications. Incase you receive an email from one of our marketing officers or contractors without your consent or by mistake then you can either bring it to our notice using our Contact Form found on all pages of Music2Deal. You can also simply click “reply” to the email and in the body of the email please type the word “UNSUBSCRIBE” in bold.
3.2 Right of access
- You have the right to demand confirmation as to whether we process your personal data. If this is the case you are entitled to receive information about this personal data.
- If possible, we will share the planned period of time that the personal data will be saved for. Incase this isn't possible then the criteria we use to determine this time period.
- You can demand confirmation on the existence of a right to rectification or erasure of your personal data and/or the right to restriction of processing by the controller, or a right to object to this processing
- You can demand confirmation on the existence of a right to lodge a complaint with a supervisory authority.
- You can demand confirmation on all available information about the origin of the personal data if the data was not obtained from the person in question.
- If personal data is passed on to a third country or an international organisation, you have the right as the person affected to be informed about the respective guarantees (pursuant to Article 46 of the EU GDPR) regarding this sharing of data.
3.3. Right to rectification: You have the right to demand that we correct any incorrect personal data concerning you with immediate effect. Taking the purposes of processing into account, you have the right to demand the completion of any incomplete personal data – including by means of a supplementary explanation.
3.4. Right to erasure: You are entitled to demand that we delete your personal data without delay if one of the following applies:
- The personal data is no longer required for the purposes for which it was collected or processed in some other way.
- You withdraw your consent that the processing was based on pursuant to Article 6 (1) a) or Article 9 (2) a) of the EU GDPR, and there are now no valid legal grounds for processing.
- You submit an objection to the processing of your data pursuant to Article 21 (1) of the EU GDPR and there are no overriding justifiable grounds for the processing, or you submit an objection to the processing of your data pursuant to Article 21 (2) of the EU GDPR.
- The personal data was processed unlawfully. The deletion of the personal data is required to fulfil a legal obligation in accordance with EU law or the law of individual member states. The personal data was recorded in relation to the offer of information society services directly to a child, pursuant to Article 8 (1) of the EU GDPR. Once you have made your request, we are obliged to delete the data with immediate effect. The lawfulness of the data processing for the period between the consent and the withdrawal of this consent shall remain unaffected.
3.5. Right to restriction of processing: You are entitled to demand a restriction to the processing of your personal data in cases where you dispute the correctness of the personal data, for a period of time that allows the controller to review the correctness of that personal data. If the processing is unlawful and you reject the erasure of the personal data in favour of demanding a restriction to the use of the personal data, we will fulfil this request. Processing will also be restricted if we no longer require your personal data for the purposes of processing but do require it for the establishment, exercise or defence of legal claims. Or if you have objected to processing pursuant to Article 21 (1) of the EU GDPR, for as long as is not yet ascertained whether the justifiable grounds of the controller outweigh your grounds. We will inform you in advance should the restriction be revoked.
3.6. Right to data portability: You have the right to receive personal data concerning you that you have made available to us in a structured, conventional and machine-readable format, and you also have the right to transfer this data to another controller without being impeded by us to whom the personal data has been made available. The condition is that a) processing is based on consent pursuant to Article 6 (1) a) of the EU GDPR or Article 9 (2) a) of the EU GDPR or on a contract pursuant to Article 6 (1) b) of the EU GDPR, and b) the processing is conducted with the help of automated processes. When exercising your right to data portability you have the right to demand that the personal data is transferred directly from us to another controlling body, provided this is technically viable.
3.7. Right to withdraw consent: If processing is subject to your consent you have the right to withdraw this consent at any time. This shall not affect the lawfulness of any processing that took place with your consent up until its withdrawal.
3.8. Right to lodge a complaint: With regards to your private data and its protection, the supervisory authority responsible for our company is:Freie und Hansestadt Hamburg, The Hamburg Commissioner for Data Protection and Freedom of Information, Prof. Dr. Johannes Caspar, Kurt-Schumacher-Allee 4, 20097 Hamburg, Germany Tel.: +49 40 / 428 54 – 4040 Fax: +49 40 / 428 54 – 4000 Further details are available on - www.datenschutz-hamburg.de (in German).
If you feel that the processing of your personal data infringes upon the EU GDPR, you have the right to lodge a complaint with the abovementioned supervisory authority from your regular place of residence, place of work, or the alleged place of infringement.
Further information about the complaint procedure is available in Article 77 of the EU GDPR.
4. Linked Sites
4.1 On Music2Deal there may be hyperlinks to other websites, not belonging to Music2Deal. Music2Deal has no control over such websites and the private information they might collect from Music2Deal members who click such hyperlinks. In this context,
4.2 Music2Deal assumes no liability whatsoever for invasions of the member's privacy which are caused due to the result of visiting such linked websites from within Music2Deal.
4.3 Music2Deal cannot take any responsibility and/or will not be liable in any way whatsoever for the function, up-to-date status, accuracy, completeness of content and the quality of 3rd party links.
4.4 The clause 4.3 is also applicable in the context of information contained in third party websites linked from within Music2Deal
4.5 The clause 4.3 will also apply within the context of the legality of content served by such 3rd party links.
Music2Deal offers its members an application internally termed as - “Groups”. Each group has one or more moderator(s). In general the process is that a Music2Deal-Member applies to join a group and the moderator has the right to decide whether or not to accept this group joining request/application from the member. Furthermore, the moderator has the right to decide whether the group will be public or restricted to a certain group of people. The information displayed for each group on Music2Deal is available only to Music2Deal-Members unless and until the moderator decides that non-members will also have visibility to this information.
Music2deal.com provides you with statistics about member's profile, including statistics about their music offers. Statistical information informs you-the member, how often your profile or offers were viewed, heard or added as a favourite, etc.
It must be noted in specific that a member with a Premium-Membership will have the ability to see how often and who visited their profile on Music2Deal. Such profile statistics especially the collection of information via our internal systems on who visited which profile on Music2Deal is mandatory. Therefore, if you do not agree with people knowing that you visited their profile, you should not be using Music2Deal and discontinue your membership right away. Continuing this membership would be considered your written express approval on this clause of Statistics.
Music2Deal regularly sends a newsletter as well as status e-mails and other notifications that concern the membership (e.g. statistics or new notifications) to all Music2Deal-Members. Members can unsubscribe from the newsletter at any time by e-mail via the email address given at the end of each newsletter link. Members can subscribe and unsubscribe to notifications from the settings page found within their member profile.
Some examples of Notifications and Newsletter settings are as below:
- 1. "My Music2Deal Report": I want to regularly (every week) receive the "My Music2Deal Report" newsletter with my personal statistics (recommended).
- 2. "Latest from Music2Deal": I want to regularly (every week) receive this newsletter which keeps me informed about news from Music2Deal, new Members, new Offers and Wants. (recommended).
- 3. Activities in My Network
- a. I would like to be informed about music Offers
- b. I would like to be informed about Wants
- c. "New Matches"
- 4. I want to regularly receive an email about new matches for my profile, Offers & Wants (recommended).
8. Under Age
The membership of Music2Deal is reserved only to persons who have reached the legal age of 18 years. If parents and/or legal guardians use Music2Deal on behalf of their 18 years old children for whatsoever reason then they will be solely responsible for the protection of their child's privacy.
9. Changes to these Terms and Conditions of Data Protection
In the event it becomes necessary due to gaps in the menitoned Terms and Conditions of Data Protection within this document, Music2Deal reserves the right to change such Terms and Conditions. This is applicable even if such gaps are identified after the immediate and updated release of this document online. Music2Deal will also reserves the right to change the Terms & Conditions of Data Protection when Music2Deal would start providing additional and/or modified services. Music2Deal will notify all members of any amendments to these Terms and Conditions of Data Protection via e-mail to the e-mail account which the members provided to Music2Deal while registering or as per Music2Deal's most updated records about the members.
10. Accessibility of these Terms and Conditions on Data Protection
All rights to the design of this website are held exclusively by Music2Deal e.K. Under no circumstance may the content of our website be reproduced, disseminated, transmitted (via electronic or other media), modified and/or used, either in part or whole, for public or commercial purposes without our prior written consent. In case you would like to create links to our website you will be required to do provide us with a prior notification and seek our approval in writing.
We cannot take any responsibility and exclude liability for the function, up-to-date status, accuracy and completeness of content or the quality of links, particularly in respect of information contained in third party websites that are linked herein (including the legality of content of those websites). The third parties hold exclusive rights to these external websites and are responsible for the content therein. We distance ourselves from any content if the content of party link within Music2Deal changes and as an effect it starts transmitting private data of members which in no way serves the business interests of Music2Deal e.K. This particularly applies to transmission of content that is prohibited under German as well as international data protection and privacy laws. We also maintain an arm length with 3rd parties if we find their links aiding and/or abetting the dissemination of private data of Music2Deal members especially the ones which constitute a prosecutable offence.
14. Contact Information
You can contact us or use other options to resolve any complaints.
If you have questions or complaints regarding this Policy, please first contact Music2Deal by e-mail to email@example.com or by using the contact form provided on most of the Music2Deal pages, or by letter. If contacting us does not resolve your complaint, you have more options. Residents in the Designated Countries may also have the right to contact our Data Protection Officer (have a look at 3.8).
In order to ensure that only professionals from the music industry and companies that wish to use professional services of the music business are part of this exclusive community, we require proof of your involvement. Please provide one or more of the following:
- Address of your music-related homepage
- Projects in which you were involved (please include a link)
- Links to publications of your music, projects, films, etc.
- Companies or individuals in the entertainment or advertising industry for which you worked so far