PRIVACY POLICY | Up Close (Band)

PRIVACY POLICY AND CONSENTS

Table of contents
1. Objective and responsible authority
2. Basic information on data processing
3. Processing of personal data
4. Collection of access data
5. Use of cookies
6. Google Analytics
7. Google re/marketing services
8. Facebook social plugins
9. Facebook remarketing
10. Twitter buttons
11. Newsletter
12. Integration of third party services and content
13. Integration of online forms
14. Web fonts
15. User rights and deletion
16. Changes to the privacy policy

1. Objective and responsible authority
This data protection declaration clarifies the nature, scope and purpose of the processing (including collection, processing and use as well as obtaining consent) of personal data within our online offer and the websites, functions and content connected with it (hereinafter jointly referred to as "online offer" or "website"). The privacy policy applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) used on which the online offer is executed.

The provider of the online offer and the party responsible for data protection is Up Close Band, Wohlfahrtgasse 17, 2700 Wiener Neustadt (hereinafter referred to as "provider", "we" or "us"). For contact options, we refer to our imprint.

The term "user" includes all customers and visitors of our online offer. The terms used, such as "user" are gender-neutral.

2 Basic information on data processing
We process personal data of users only in compliance with the relevant data protection provisions in accordance with the principles of data economy and data avoidance. This means that the user's data will only be processed if a legal permission exists, in particular if the data is necessary for the provision of our contractual services and online services, or is required by law, or if consent has been given.

We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.

If content, tools or other means from other providers (hereinafter collectively referred to as "third party providers") are used within the scope of this data protection declaration and their named registered office is abroad, it is to be assumed that a transfer of data to the countries in which the third party providers are based takes place. The transfer of data to third countries takes place either on the basis of a legal permission, user consent or special contractual clauses that ensure a legally required security of the data.

3. Processing of personal data
The personal data, in addition to the uses expressly mentioned in this Privacy Policy, are processed for the following purposes on the basis of legal permissions or user consents: - The provision, execution, maintenance, optimization and security of our services, services and user services - Contacting and assignment for possible queries - Ensuring effective customer service and technical support.

We transmit users' data to third parties only if this is necessary for billing purposes (e.g. to a payment service provider) or for other purposes if these are necessary to fulfill our contractual obligations to users (e.g. communication of addresses to suppliers).

When contacting us (via contact form or e-mail), the user's details are stored for the purpose of processing the request and in the event that follow-up questions arise. Personal data is deleted if it has fulfilled its intended purpose and there are no storage obligations that prevent its deletion.

4. Collection of access data
We collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

We use the log data without attribution to the person of the user or other profiling in accordance with legal requirements only for statistical analysis for the purpose of operation, security and optimization of our online offer. However, we reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use on the basis of concrete indications.

5. Use of cookies
Cookies" are small files that are stored on users' devices. By means of cookies, different information can be stored. The information may include, for example, language settings on a website, login status, a shopping cart, or where a video was watched.
Cookies are also generally used when a user's interests or behavior (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to display content to users that matches their potential interests. This process is also referred to as "tracking", i.e., tracking the potential interests of users. We also include in the term cookies other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as "user IDs").

Insofar as we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration.

Notes on legal bases: the legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.

Revocation and objection (opt-out): Regardless of whether processing is based on consent or legal permission, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as "opt-out").

You can initially declare your objection by means of your browser settings, e.g. by deactivating the use of cookies (whereby this may also restrict the functionality of our online offer).

An objection to the use of cookies for online marketing purposes can be declared by means of a variety of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ or generally on http://optout.aboutads.info.

Processing of cookie data based on consent: Before we process or have processed data in the context of the use of cookies, we ask users for consent that can be revoked at any time. Before the consent has not been expressed, cookies are used at most, which are necessary for the operation of our online offer. Their use is based on our interest and the interest of users in the expected functionality of our online offer.

Types of data processed: Usage data (e.g. web pages visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
Data subjects: Users (e.g., website visitors, users of online services).
Legal basis: consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).
You can edit your cookie preferences again any time with the "Cookie Settings" button in the left bottom corner.

6. Google analytics
We use Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server in the USA and stored there.

Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles can be created from the processed data.

We only use Google Analytics with IP anonymization activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google's use of data for advertising purposes, settings and opt-out options, please visit Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), http://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), http://www.google.de/settings/ads ("Manage information Google uses to show you ads") and http://www.google.com/ads/preferences ("Determine what ads Google shows you").

The data collected by this service is transferred to a third country (USA). Your express consent forms the legal basis for this data transfer in accordance with Art 49 para 1 lit a in conjunction with Art 6 para 1 lit a DSGVO. Even before you gave your consent, we informed you that the USA does not currently have a level of data protection that meets the standards of the EU. For this reason, the European Court of Justice declared the "Privacy Shield" (adequacy decision pursuant to Art 45 DSGVO) invalid in the Schrems II case.

7. Google re/marketing services
We use the marketing and remarketing services (in short "Google Marketing Services") of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

The Google Marketing Services allow us to display advertisements for and on our website in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, users are shown ads for products they were interested in on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (similar technologies can be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, which content he is interested in and which offers he has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform Google Analytics that the IP address is shortened within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases is transferred in full to a Google server in the USA and shortened there. The IP address is not merged with user data within other Google offerings. This aforementioned information may also be combined with such information from other sources. If the user subsequently visits other websites, he can be shown ads tailored to his interests.

The user's data is processed pseudonymously as part of Google's marketing services. This means that Google does not store and process the name or e-mail address of the user, for example, but processes the relevant data on a cookie basis within pseudonymous user profiles. I.e. from Google's perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected by "DoubleClick" about users is transmitted to Google and stored on Google's servers in the USA.
The Google marketing services we use include the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked across the websites of AdWords customers. The information obtained using the cookie is used to create conversion statistics for AdWords customers who have opted in to conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

We integrate third-party advertisements based on the Google marketing service "DoubleClick". DoubleClick uses cookies to enable Google and its partner websites to serve ads based on users' visits to this website or other websites on the Internet.
We also integrate third-party advertisements based on the Google marketing service "AdSense". AdSense uses cookies to enable Google and its partner websites to serve ads based on users' visits to this website or other websites on the Internet.

Another Google marketing service used by us is the "Google Tag Manager", with the help of which further Google analysis and marketing services can be integrated into our website (e.g. "AdWords", "DoubleClick" or "Google Analytics").

For more information on the use of data for marketing purposes by Google, please visit the overview page: https://www.google.com/policies/technologies/ads, Google's privacy policy is available at https://www.google.com/policies/privacy.

If you wish to object to the collection by Google marketing services, you can use the settings and opt-out options provided by Google: http://www.google.com/ads/preferences.
The data collected by this service is transferred to a third country (USA). Your express consent forms the legal basis for this data transfer in accordance with Art 49 para 1 lit a in conjunction with Art 6 para 1 lit a DSGVO. Even before you gave your consent, we informed you that the USA does not currently have a level of data protection that meets the standards of the EU. For this reason, the European Court of Justice declared the "Privacy Shield" (adequacy decision pursuant to Art 45 DSGVO) invalid in the Schrems II case.

8 Facebook Social Plugins
Our online offer uses social plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins are recognizable by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with Facebook's servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer by the latter. In the process, usage profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.

By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will learn and store his or her IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and settings options for protecting the privacy of users, can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored with Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes, are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

9. Facebook Remarketing
Within our online offer, so-called "Facebook pixels" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), are used. With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our offer as a target group for the display of advertisements, so-called "Facebook Ads". Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our Internet offer. This means that with the help of the Facebook pixel we want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad.

The Facebook pixel is directly integrated by Facebook when our websites are called up and can save a so-called cookie, i.e. a small file, on your device. If you subsequently log in to Facebook or visit Facebook while logged in, the visit to our offer will be noted in your profile. The data collected about you is anonymous for us, so it does not offer us any conclusions about the identity of the user. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible. The processing of the data by Facebook takes place within the framework of Facebook's data usage policy. Accordingly, you can find more information on how the remarketing pixel works and generally how Facebook ads are displayed, in Facebook's data usage policy: https://www.facebook.com/policy.php.

You can object to the collection by the Facebook pixel and use of your data for the display of Facebook ads. To do so, you can visit the page set up by Facebook and follow the instructions there regarding the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads or declare the objection via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are made platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

10 Twitter buttons
We use the buttons of the service Twitter. These buttons are offered by Twitter Inc, 795 Folsom St, Suite 600, San Francisco, CA 94107, USA. They are recognizable by terms such as "Twitter" or "Follow" or associated with a stylized blue bird. With the help of the buttons, it is possible to share a post or website of this online offer on Twitter or to follow the provider on Twitter.
When a user calls up a website of this online offer that contains such a button, his browser establishes a direct connection with the servers of Twitter. The content of the Twitter button is transmitted by Twitter directly to the user's browser. We therefore have no influence on the scope of the data that Twitter collects with the help of this plugin and inform users according to our state of knowledge. According to this, only the IP address of the user the URL of the respective website is transmitted when the button is referred to, but not used for purposes other than the display of the button. Further information on this can be found in the privacy policy of Twitter at http://twitter.com/privacy.

11 Newsletter
With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. In addition, our newsletters contain the following information: "Events, our products, product offers, promotions and general information about our company".

Double opt-in and logging: Registration for our newsletter is carried out in a so-called double opt-in process. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with other 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. Changes to your data stored with the shipping service provider are also logged.

Shipping service provider: The newsletter is sent by "iubenda s.r.l - Via Torino, 2 - 20123 Milan (Italy)" (hereinafter referred to as the "shipping service provider"). The privacy policy of our dispatch service providers can be found on the website at https://www.thenewsletterplugin.com.
The e-mail addresses of our newsletter recipients, as well as their other data described in the context of this notice, are stored on the servers of the shipping service provider. The shipping service provider uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, the dispatch service provider may use this data to optimize or improve its own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletters or for economic purposes to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to address them itself or to pass them on to third parties.

Registration data: To register for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to provide the following data: "First and last name and address for the purpose of personalizing the newsletter. Date of birth and gender in order to adapt the contents of the newsletter to the interests of our readers".

Statistical collection and analyses - The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from the server of the dispatch service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include the determination of whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consents. This will simultaneously terminate your consents to its dispatch by the dispatch service provider and the statistical analyses. A separate cancellation of the dispatch by the dispatch service provider or the statistical analysis is unfortunately not possible. You will find a link to cancel the newsletter at the end of each newsletter.

12. integration of third-party services and content
It may happen that content or services from third-party providers, such as city maps or fonts from other websites, are integrated within our online offer. The integration of third-party content always requires that the third-party providers perceive the IP address of the user, since without the IP address they could not send the content to the user's browser. The IP address is thus required for the display of this content. Furthermore, the providers of the third-party content can set their own cookies and process the users' data for their own purposes. In doing so, user profiles can be created from the processed data. We will use this content as sparingly as possible and in a data-avoiding manner and select reliable third-party providers with regard to data security.
The following presentation provides an overview of third-party providers and their content, along with links to their privacy statements, which contain further information on the processing of data and, in part already mentioned here, opt-out options:

External Fonts from Google, Inc, https://www.google.com/fonts ("Google Fonts"). The integration of Google Fonts is done by a server call at Google (usually in the USA). Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
Maps of the service "Google Maps" provided by the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

Videos from the "YouTube" platform of the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

The data collected by this service is transmitted to a third country (USA). Your express consent forms the legal basis for this data transfer in accordance with Art 49 para 1 lit a in conjunction with Art 6 para 1 lit a DSGVO. Even before you gave your consent, we informed you that the USA does not currently have a level of data protection that meets the standards of the EU. For this reason, the European Court of Justice declared the "Privacy Shield" (adequacy decision pursuant to Art. 45 DSGVO) invalid in the Schrems II case.

13. integration of online forms
Online forms are provided by our service provider DWFormmailer (https://www.dw-formmailer.de). For the purpose of transmission and processing, the data is forwarded to the servers of DWFormmailer. The operator of this Internet portal is Wolfgang Dürr (sole proprietorship), In den Kehlen 4, 97342 Marktsteft, Germany. There is an agreement with the service provider for commissioned data processing.

14. Web fonts
Google Fonts
We process connection data and browser data with our order processor Google Fonts, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland for the purpose of providing the fonts required by the web browser to display the website. This data is only processed for the duration required for the selection and transmission of the fonts. The legal basis for the data processing is the legitimate interest (absolute technical necessity for the provision and delivery of the service "website" explicitly requested by them through your call) in accordance with Art. 6 para. 1 lit. f DSGVO. Insofar as further independent processing of the data is carried out by Google Fonts, Google is the sole responsible party for this. Details can be found in the privacy policy and FAQ of Google Fonts.

Font Awesome
We process connection data and browser data with our processor Fontawesome, Fonticons, Inc, 6 Porter Road, Apartment 3R, Cambridge, MA 02140, USA, for the purpose of providing the fonts required by the web browser to display the website. This data is only processed for the duration required to select and transmit the fonts. The legal basis for the data processing is the legitimate interest (unconditional technical necessity for the provision and delivery of the service "website" expressly requested by them through your call) in accordance with Art. 6 para. 1 lit. f DSGVO. Insofar as further independent processing of the data is carried out by Fontawesome, Fontawesome is the sole responsible party for this. Details can be found in Fontawesome's privacy policy.

Adobe Fonts
We process with our processor Adobe Systems Software Ireland Limited, connection data and browser data for the purpose of providing the fonts required by the web browser to display the website. This data is only processed for the duration required to select and deliver the fonts. The legal basis for the data processing is the legitimate interest (unconditional technical necessity for the provision and delivery of the service "website" expressly requested by them through your call) pursuant to Art. 6 para. 1 lit. f DSGVO.

Insofar as further independent processing of the data is carried out by Adobe Systems Software Ireland Limited, Adobe Systems Software Ireland Limited is the sole responsible party for this. Details can be found in the privacy policy and FAQ of Adobe Systems Software Ireland Limited. https://fonts.adobe.com

15. User rights and deletion of data
Users have the right to obtain, upon request and free of charge, information about the personal data we hold about them. In addition, users have the right to correct inaccurate data, revoke consent, block and delete their personal data, as well as the right to file a complaint with the competent supervisory authority in the event that unlawful data processing is suspected.

The data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention obligations.

16 Changes to the data protection declaration
We reserve the right to change the data protection declaration in order to adapt it to changed legal situations, or in the event of changes to the service as well as data processing. However, this only applies with regard to declarations on data processing. Insofar as user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users. Users are requested to inform themselves regularly about the content of the data protection declaration.