Data Protection Regulations e-instruments lab GmbH

The following Data Protection Regulations inform you regarding the processing of personal data when using the website www.e-instruments.com.

1. Name and contact data of the Controller responsible for processing

Controller:
e-instruments lab GmbH
Bremer Straße 18
21073 Hamburg
Germany
Email: privacy@e-instruments.com

2. Establishment and storing of personal data as well as type and purpose of usage

a) When visiting the website

When accessing our website www.e-instruments.com, your browser used by your terminal device automatically sends information to the server of our website. This information is stored temporarily in a so-called log file. In the process, the following information is recorded without your input and stored up to their automated erasure:

• IP address of the accessing computer (data is stored in truncated version),
• Time of access,
• Name and URL of accessed file/page,
• Utilised browser and operating system of your computer,
• Status code,
• Length of response and
• HTTP protocol version

We process the specified data for the following purposes:

• Ensuring the smooth establishment of connection to the website,
• Ensuring the comfortable usage of our website,
• Analysing the systems security and stability as well as
• For further administrative purposes.

Legal basis for data processing is Article 6 (1) s. 1 lit. f GDPR (General Data Protection Regulation). Our justified interest is based on the purposes for the data collection listed above. We do not use the collected data for conclusions regarding your person. Nor is the data combined with other data.

In addition, we apply Cookies as well as analysis service when visiting our website. Further explanations to this topic available under item 3 and 4 of these data protection regulations.

b) When making a purchase via our website

If, during a visit of our website, you decide you purchase one of the presented products, you are directed to the pages of one of our distribution partners at a very early stage during the purchasing process, namely as soon as you click on “proceed to checkout”. These are the sellers of the respective product and become your sole contractual partner in the event of a completed order.
In order to find out more about the handling of your personal data at the purchase of one of our products, we therefore refer to the data protection regulations of the distribution partner upon whose website you complete the purchase. During the transfer from our website to the site of the respective distribution partner, merely the data specified under item 2 lit. a) and your product selections are transferred. Legal basis for this process is Article 6 (1) s. 1 lit. b GDPR.

The data protection regulations of our distribution partners are available at:
• Digital River GmbH:
https://secure.shareit.com/shareit/privacypolicy.html
• Native Instruments GmbH:
https://www.native-instruments.com/de/company/legal-information/privacy-policy/
• Ableton AG
https://www.ableton.com/de/privacy-policy/
• Propellerhead Software
https://www.propellerheads.se/agreements#privacy-policy
• PreSonus Audio Electronics, Inc.
https://www.presonus.com/privacy-policy

c) When registering for our newsletter

If you register for our free newsletter, we use your email address for its transmission. We subsequently supply you with news regarding products, specials and exclusive contents from our company on a regular basis.

We use the so-called double-opt-in process for the registration for our newsletter. This means, following your registration, we send an email to the specified email address where we ask you for confirmation that you request the transmission of the newsletter. The provision of data in addition to your email address is voluntary and is used to be able to address you personally.

Following your confirmation, we store your email address for the transmission of the newsletter. In addition, we respectively store your utilised IP addresses and the times of registration and confirmation in order to be able to verify your registration and, if required, clarify a possible misuse of your personal data. Legal basis is your explicit consent (Article 6 (1) s. 1 lit. a GDPR). If you are already a customer of ours, we can also send you newsletters concerning our products based on Article 6 (1) s. 1 lit. f GDPR in connection with § 7 (3) UWG (Unfair Competition Act).

You may revoke your consent at any time and/or reject the receipt of further newsletters, e.g. via a link at the end of each newsletter. Alternatively, you can send your request for deregistration also via email to unsubscribe@e-instruments.com.

d) When you use our newsletter – information regarding the usage of MailChimp

Usage of dispatch service provider MailChimp

We point out that we avail ourselves of the services of “MailChimp”, (operated by: Rocket Science Group LLC, 675 Ponce De Leon Ave NE Suite 5000, Atlanta, GA 30308, USA) for the dispatch of our newsletter. For this reason, your email address as well as other data resulting from your usage of our newsletter (see also below) are processed and stored on the MailChimp servers in the USA. MailChimp is subject to the EU-US Privacy Shield and thus obligated to comply with the data protection level applicable in the EU:
https://www.privacyshield.gov/EU-US-Framework
The data protection regulations of MailChimp are available at:
https://mailchimp.com/legal/privacy/

Statistical collection and analysis of user conduct

When you open or interact with the newsletter, your behaviour is evaluated as follows: The emails sent via MailChimp contain so-called web beacons / tracking pixels. These are single-pixel files stored on the MailChimp server, which are accessed when you open our newsletter. Initially, the data specified under item 2 lit a (technical information, such as information regarding the browser and your system as well as your IP address and the time of access) is collected in the context of this access and used for the technical improvement of the service (the transmission of our newsletter).

The information obtained in the context of the statistical collection (e.g. whether and when a newsletter was opened and which links contained therein are clicked) can be technically allocated to the individual receivers of the newsletter. However, neither MailChimp nor we pursue the objective of observing individual newsletter recipients. Rather, the analysis serves us to recognise the reading habits of our users in general and to adapt our contents to you or send different data in accordance to the interest of various user groups.

We point out that MailChimp, according to their statement, may also use the above-mentioned data to improve their own service as well as own commercial purposes. However, MailChimp will not use the data to contact you personally or pass your data on to third parties.

Data processing upon accessing the MailChimp website

In some cases, you may be forwarded to the website of MailChimp when using our newsletter, i.e. if you click on the link (contained in every newsletter) to access the newsletter online or if you wish to correct your email address retrospectively. Also, the Data Protection Policy of MailChimp can only be accessed on their website.

In this context, we also point out that Cookies are applied on the MailChimp websites, which lead to the processing of personal data by MailChimp, their partners and utilised service providers (e.g. Google Analytics). We have no influence over this data processing. If required, please obtain further information in the MailChimp Data Protection Policy (see above).

We would also like to inform you of the option to lodge object to the collection of data for advertising purposes under http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European area).

Legal bases

Legal basis for data processing for the usage of MailChimp is Article 6 (1) s. 1 lit. f GDPR. Our legitimate interest in this data processing lies in rendering the newsletter more relevant for our customers and in presenting our services in a more target-oriented manner.

e) When using our contact form

You can contact us with a general contact form provided on our website (under the tab “Contact”). This always requires the provision of a valid email address to let us know from whom the enquiry comes and to answer it. Further information can be provided voluntarily, which allows you to contain your enquiry according to topic via a drop-down menu, which would facilitate our support.

Data processing when using our contact form occurs according to Article 6 (1) s. 1 lit. a GDPR based on your voluntarily granted consent. Purpose of the data processing is to reply to your enquiry.

The personal data provided to you in the context of using the contact form are stored for a maximum period of 5 years following the finalisation of your enquiry in order to increase the speed and quality when replying to your subsequent support requests. Legal basis for this process is Article 6 (1) s. 1 lit. f GDPR. Our legitimate interest in this data processing lies in increasing the efficiency of our support and the enhancement of the satisfaction of our customers.

3. Cookies

We apply Cookies on our website. Cookies are small files automatically established by your browser and which are stored on your terminal device (laptop, tablet, Smartphone etc.) when you visit our website. Cookies do not damage your terminal device and do not contain viruses, Trojans or other malware. Cookies contain characteristic sequences of characters, which allow the unequivocal identification of the browser during the subsequent access of the website. However, this does not mean that we obtain direct knowledge of your identity. On one hand, the application of Cookies serves to render the usage of our service more pleasant for you. Thus, we apply so-called Session Cookies to discern that you have already visited individual pages of our website. These are automatically deleted upon leaving our website.

In addition, we also use Cookies, which are stored on your terminal for a certain specified period to optimise user-friendliness. If you visit our website again to utilise our services, it is automatically recognised that you have visited us in the past and which entries and settings you have made, so you do not have to enter them again. We also apply Cookies to record statistically the usage of our website and to analyse the optimisation of our offer for you (see also Analysis tools). When you visit our website again, these Cookies allow us to recognise that you have visited us in the past. These Cookies are deleted after a respectively defined time.

The data processed by the Cookies is necessary for the above-mentioned purposes to maintain our legitimate interest as well as those of third parties according to Article 6 (1) s. 1 lit f GDPR.

Most browsers accept Cookies automatically. However, you can configure your browser in such a manner that no Cookies are stored on your Computer or that a note appears always before a new Cookies is established. Previously stored Cookies can be deleted at any time. However, the complete deactivation of Cookies can lead to the fact that you cannot use all functions of our website.

4. Analysis Tools (Tracking-Tools)

The tracking measures listed below and used by us are executed based on Article 6 (1) s. 1 lit. f GDPR. With the applied tracking measure, we would like to ensure a need-based design and the continuous optimisation of our website. We also apply tracking measures to record statistically the usage of our website and to analyse the optimisation of our offer for you. These interests are considered legitimate in terms of the above-mentioned regulation.
The respective data processing purposes and data categories can be deduced from the respective tracking tools.

Google Analytics

This website uses Google Analytics, a web-analytic service of Google LLC, 1600 Amphitheater Parkway, Mountainview, California 94043, USA (“Google”). Google analytics uses so-called “Cookies”, text files that are stored on your computer and permit the analysis of your usage of the website. The information regarding your usage of this website created with the Cookie is generally transmitted to a server of Google in the USA and stored there. In case of activation of the IP-anonymity on this website, your IP-address is initially limited within the member states of the European Union or in other contracting states of the treaty throughout the European economic area. Your full IP-address is only transmitted to a Google server in exceptional cases and limited there. Google will utilise this information on behalf of the operator of this website in order to evaluate your usage, to compile reports regarding the website activity and to provide further services to the operator of the website related to the usage of the website and the Internet.

The IP-address of your browser transmitted in the context of Google analytics is not linked with other data by Google.

You can prevent the storing of Cookies with a respective setting of your browser software; however, we would like to inform you that in this case you might not be able to utilise all functions of this website. You can furthermore prevent the compilation of data (incl. your IP-address) created by the Cookie and related to your usage of the website to Google as well as the processing of this data by Google by downloading and installing the browser-Plugin available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=de

Alternatively, or when using mobile terminal devices, please click on the following link to place a cookie which prevents the recording by Google Analytics within this website in the future (this opt-out cookie only functions in this browser and only for this domain; if you delete your cookies in this browser, you have to click on this link once again): Deactivate Google Analytics.

This website uses Google Analytics with the addendum “_anonymizeIp()”. Thereby, IP addresses are processed in a truncated form and any personal association can be excluded. If the data collected about you can be allocated to a person, the reference is excluded immediately and the personal data is thus deleted immediately. In the exceptional cases where personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield,
https://www.privacyshield.gov/EU-US-Framework

Google Analytics help:
https://support.google.com/analytics/answer/6004245?hl=de

5. Further tools and others

a) General information

In our online offers, we apply further services from third-party suppliers to allow you to use the contents / functions provided by these third party suppliers. For example, they can allow the incorporation of an image or sound material or increase the security and user-friendliness of our online offer.

The delivery of these services (i.e. the indication in our online offer) implies technically in any event that the respective third party suppliers receive the transmission of your IP address. In addition, third party suppliers can analyse the user behaviour with respect to our online offer with the application of so-called “Web Beacons” (invisible one-pixel image files) in pseudonymised form for statistic or marketing purposes. The data collected in such a manner also includes technical information regarding browser and operating systems, previously used websites, visiting times etc. It is also possible that this pseudonymous data is joined with other such information from other sources.

The above-described data processing occurs based on our legitimate interests in terms of Article 6 (1) lit. f. GDPR. These interests lie in the analysis, the optimisation (also in terms of user-friendliness) and the commercial operation of our online offers.

b) Incorporation of YouTube videos

We have incorporated videos of the platform YouTube (a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) in our online offer, which are stored on http://www.YouTube.com and can be directly viewed on our website.

By visiting the website, YouTube receives the information that you have accessed the respective subpage of our website. In addition, the data specified under item 2 a) of these regulations is transmitted. This occurs regardless of whether YouTube provides a user account through which you are logged on, or whether a user account does not exist. If you log in at Google, your data is allocated directly to your account. If you do not wish the allocation with your profile at YouTube, you have to log out prior to the activation of the button. YouTube stores your data as usage profile and uses it for purposes of advertising, market research and/or the need-based design of its website. Such analysis occurs particularly (even for users who are not logged on) to provide need-based advertising and to inform other users of the social network of your activities on our website. You have the right of objection to the establishment of this user profile, whereby you have to contact YouTube to exercise this right.

The Data Protection Policies of the provider furnishes you with further information regarding purpose and extent of the data collection and its processing by YouTube. There, you also receive further information regarding your rights in this context and setting options to protect your privacy:

Google processes your personal data also in the USA and has submitted to the EU-US Privacy Shield:
https://www.privacyshield.gov/EU-US-Framework

c) Incorporation of audio contents via SoundCloud

For the incorporation of audio material, we use the provider SoundCloud (SoundCloud Limited, 33 St James Square, London SW1Y 4JS, UK).

We use plug-ins of the provider SoundCloud on some of our websites. A connection is established to the SoundCloud servers and the plug-in is thus established if you access websites of our internet presence provided with such a plug-in – e.g. our demo songs. In the process, the information regarding which of our websites you have visited is transmitted to the SoundCloud server. If you are logged in at SoundCloud as a member, SoundCloud can allocate this information to your personal user account. When using the plug-in, e.g. clicking the start button of an audio file, this information is also allocated to your user account. You can prevent this allocation by deregistering from your SoundCloud user account prior to using our website and delete the respective SoundCloud Cookies.

Further information regarding data processing and information on data protection by SoundCloud under https://soundcloud.com/pages/privacy.

d) Contents and data protection by third party suppliers / links to third party suppliers

The online platforms of some third party suppliers (e.g. SoundCloud, Facebook or KVR-Audio) contain e-instruments groups / profiles whose users have the option of publishing own contents there with reference to our products (e.g. tracks or comments established by them). We explicitly refer to the usage conditions applicable for the respective third party suppliers, particularly also the respective data protection regulations. We are not responsible for the contents published by the users in these forums and particularly do not own them.

Our website also contains respective links to our channels / profiles on various online platforms of third party suppliers such as Facebook and Twitter (recognisable by the respective grey-coloured logo of the third-party-supplier). These are not so-called social plug-ins, but simple links. Your mere visit of our website therefore does not generate an exchange of data with the websites of these third party suppliers. This only occurs when you decide to access the respective service of the third party suppliers by clicking on one of these symbols. Please consult the Data Protection Policies of the respective provider regarding the processing of your personal data there.

6. Erasing data and duration of storage

Your personal data is deleted as soon as the purpose of the storage is redundant or if you have revoked your previously granted consent to the storage and if the erasure is not opposed by statutory preservation obligations. If your data is not erased because it is necessary for other and statutorily admissible purposes, the processing is limited. This means, the data is blocked and not processed for other purposes, e.g. if it has to be stored for commercial or tax reasons.

7. Rights of data subjects

If your personal data is being processed, you are the data subject in terms of DSGVO and you are entitled to the following rights toward the controller:

• To demand information regarding your personal data processed by us according to Article 15 GDPR. You are particularly entitled to demand information regarding the purposes for processing, the category of the personal data, the categories of recipients to which your data was or will be disclosed, the planned duration of storage, the existence of a right to rectification, erasure, restriction of processing or objection, a right to lodge a complaint, the origin of your data if it was not collected by us, as well as an automated decision-finding including profiling and, if applicable, compelling information regarding its details;
• To demand the immediate rectification of incorrect or the completion of your personal data stored by us based on the prerequisites of Article 16 GDPR;
• To demand the erasure of your personal data stored by us based on the prerequisites of Article 17 GDPR if the processing is not necessary to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims
or to assert, exercise or defend legal claims;
• To demand the restriction of processing of your personal data according to Article 18 GDPR if you contest the correctness of the data, if the processing is illegal but they refuse the deletion of the data and if we no longer require the data, but if you require the data to assert, exercise or defend legal claims according to Article 21 GDPR against the processing;
• To receive your personal data provided to us in a structured, conventional and machine-readable format or to demand the transfer to a different controller according to Article 20 GDPR;
• To revoke your consent once granted to us at any time according to Article 7 (3) GDPR. Your revocation results in the fact that we have to discontinue the data processing in the future, which was based on your consent up to this time;
• To complain at a supervisory authority according to Article 77 GDPR. As a rule, you can contact the supervisory authority at your usual place of abode or workplace or our registered company address in this matter.

8. Right of objection

According to Article 21 (1) GDPR, you have the right to object to the processing of your personal data for reasons resulting from your special situation based on Article 6 (1) lit. f GDPR; this also applies for profiling based on this condition. When exercising this objection, you have to provide us with your personal reasons as to why we should not process your personal data. We shall examine your objection and either cease processing the data and/or show you mandatory reasons worthy of protection on our part as to why we may continue processing.

If your personal data is processed for direct advertising based on Article 6 (1) lit. f GDPR, you are entitled to object to the processing of the personal data concerning you for the purpose of such advertising according to Article 21 (2) GDPR at any time without specifying reasons; this also applies for profiling in connection with such direct advertising. If you object to the processing for purposes of direct advertising, we shall no longer process the personal data concerning you for these purposes.

An email to privacy@e-instruments.com is sufficient to exercise your objection.

Specific technical options to exercise your right of revocation or objection may exist for individual types of data processing. If applicable, we have already pointed these out to you in the explanation of the respective data processing measure.

9. Right to revocation of your consent

You are entitled to revoke your once granted declaration of consent according to the Data Protection Act at any time. By revoking the consent, the legitimacy of the processing occurred based on the consent up to the revocation remains unaffected.

10. Data security

We avail ourselves of suitable technical and organisational security measures in order to protect your data against accidental or intentional manipulations, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in accordance with the technical development.

In order to prevent unauthorised access by third parties to your personal data, the transmission process (in the context of enquiry forms and the login to our customer section) is encrypted per TLS technology.

11. Status of changes to these Data Protection Regulations

These data protection regulations are currently valid and were last updated in May 2018.

Changes to these data protection regulations may become necessary due to the further development of our website as well as based on statutory or official specifications. You can find the respectively current regulations on our website at https://www.e-instruments.com/de/privacy-policy/.

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