Privacy Policy

Personal data (usually referred to just as "data" below) will only be processed by me to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the "GDPR"), "processing" refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under my own control or in conjunction with others. I also inform you below about the third-party components I use to optimize my website and improve the user experience which may result in said third parties also processing data they collect and control.



I. Information about me as controller of your data

The party responsible for this website (the "controller") for purposes of data protection law is:

Julian Küchler
Michelinstraße 14
96103 Hallstadt
Germany

Telephone: +49 951 18596030
E-Mail: info@ascapemusic.com



II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);

  • to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);

  • to the immediate deletion of data concerning them (cf. also Art. 17 GDPR), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;

  • to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);

  • to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller's future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.



III. Information about the data processing

Your data processed when using my website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.


Server data

For technical reasons, the following data sent by your internet browser to me or to my server provider will be collected, especially to ensure a secure and stable website. These server log files record

  • the type and version of your browser

  • your operating system

  • the website from which you came (referrer URL)

  • the webpages on my site visited

  • the date and time of your visit

  • the size of the request bodies

  • the status code

  • the IP address from which you visited my site (which will be anonymized after a maximum of seven days)


The data thus collected will be temporarily stored, but not in association with any other of your data. The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. My legitimate interest lies in the improvement, stability, functionality, and security of my website. The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.


Cookies

a) Session cookies

I use cookies on my website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address. This processing makes my website more user-friendly, efficient, and secure. The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships. If the processing does not serve to initiate or process a contract, my legitimate interest lies in improving the functionality of my website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR. When you close your browser, these session cookies are deleted.


b) Third-party cookies

If necessary, my website may also use cookies from companies with whom I cooperate for the purpose of advertising, analyzing, or improving the features of my website. Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.


c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on my site may be fully usable.

You can also adjust your cookie settings for my website here.


Contact

If you contact me via email or the contact form, the data you provide will be used for the purpose of processing your request. I must have this data in order to process and answer your inquiry; otherwise I will not be able to answer it in full or at all. The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR. Your data will be deleted once I have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.


Embedding and use of links to social media

Links to external social network services such as Facebook, Instagram, YouTube and SoundCloud are embedded on my website. The responsibility for the internet services of these social network services lies solely with their operators. Below you will find further information, categorised according to the corresponding social network service.

None of your data is transferred to social media services as a result of my links to these services. These are normal hyperlinks, through which no regular data transmission takes place. If you click on the link, you will be taken directly to my social media page on the respective social media service. Data is only transmitted if you are logged into your user account of the corresponding social media service. You can then link to or share content from my websites directly using the social media service, or you can watch the videos that are on my YouTube channel. Under certain circumstances, the social media service may thus ascertain which content you have viewed on my website.

The responsibility for the social media services linked to by my website lies exclusively with:

  • Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland, for Facebook and its website;

  • Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland, for Instagram and its website;

  • YouTube, LLC, 901 Cherry Ave., St. Bruno, CA 94066, USA, for YouTube and its website;

  • SoundCloud Global Limited & Co. KG, Rheinsberger Str. 76/77, Berlin, 10115, Germany, for SoundCloud and its website;

  • BeatStars Inc., 5816 Van Winkle Lane, Austin, TX 78739, USA, for Beatstars and its website;

  • TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland, for TikTok and its website;

  • Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, for Twitter and its website;


For further information regarding the purpose and scope of data collection, and regarding the further processing and use of your data by the respective social media service, see the privacy rules of the relevant service. You will find them available online:

Under the above-mentioned links you will also find information regarding settings for the protection of your privacy and regarding your further rights concerning the processing of your data by the respective social network service.


Supplement for my Facebook Business Page

Jointly responsible for the Fanpage are Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland; hereinafter Meta Platforms Ireland) and me.

Current information about my company is posted on the fan page and can be commented on and/or liked by users. Users can also post so-called visitor contributions on my Facebook page. The comments, likes and posts are publicly visible and therefore it is also publicly recognisable by whom they were left. Users can also send messages to me which are not publicly visible.

Via the so-called Insights I have the possibility to retrieve certain statistical and anonymised data on user behaviour (https://www.facebook.com/business/a/page/page-insights). This includes, for example, the total number of page views, "Like" votes, page activities, post interactions, reach, video views and post reach. Data on the Facebook groups linked to my Facebook page is also provided in this way.

The Insights data is generated and provided by Facebook using cookies. I can only change the time period for which I want to view the analysis. In addition I can define certain settings for the target group of my posts which have a corresponding effect on the statistics. I cannot turn off the Insights function. Facebook uses the data in particular for advertising purposes (creation of personalised advertising), creation of user profiles and market research purposes. If the visitor to the business page has a Facebook user account and is logged in with this account - when accessing the page - the information provided by the cookies is stored across all devices. Without being able to influence this by me, Facebook passes on data to, among others, Meta Platforms, Inc. - the US parent company of Meta Platforms Ireland. This is certified under the EU-US Privacy Shield and is thus considered to be data protection compliant in the sense of the GDPR. Details on data processing by Facebook can be found here: https://www.facebook.com/policy.php.

I use the Insights data as well as the other visible data to optimise my offer on my Facebook page and to interact with users. For example: I use the information on visiting times to optimise the timing of my posts. Information about the type of end devices used helps me to design my posts etc. in such a way that they are optimally displayed on all types of end devices. On the basis of Facebook terms of use, which each user has agreed to as part of setting up their Facebook profile, I can identify subscribers and fans of the site and view their profiles and other information shared by them.

The legal basis for the data processing is the legitimate interest according to Art. 6 (1) (f) GDPR. The measurement of visitor behaviour serves the optimised presentation and alignment of my online offer on Facebook as well as effective communication with you.

The data processing is carried out on the basis of an agreement between the joint controllers pursuant to Art. 26 GDPR; Meta Platforms Ireland is the primary controller within the meaning of the GDPR (Art. 26) with regard to the Insights data: https://www.facebook.com/legal/terms/page_controller_addendum.

You can assert your data subject rights against both us and Meta Platforms Ireland. Further data protection information on Meta Platforms Ireland in accordance with Art. 13 GDPR is available here: https://www.facebook.com/about/privacy.


BeatStars

My website uses an iframe of the BeatStars Player. This player is provided by BeatStars Inc. 5816 Van Winkle Lane, Austin, TX 78739, USA. With this player you can listen and buy the beats I uploaded on BeatStars. To use the player a cookie from BeatStars is set if you accept the cookie setting for external media on my website. If you do not accept this cookie setting the cookie from BeatStars is blocked until you enable the player by clicking it's associated loading button on my website or accept the external media consent.

Further information about the collection and use of data as well as your rights and protection options in BeatStars privacy policy found at https://www.beatstars.com/privacy-policy.


Data protection provisions about the use of PayPal as a payment processor

On this website, there are integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If you choose “PayPal” as the payment option in the online shop during the ordering process, your data is automatically transmitted to PayPal. By selecting this payment option, you agree to the transfer of personal data required for payment processing. The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order. The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks. PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order. You have the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en_DE.


Google Analytics

I use Google Analytics on my website. This is a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google).

The Google Analytics service is used to analyze how my website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. My legitimate interest lies in the analysis, optimization, and economic operation of my website.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to my website will be transmitted to a Google server in the United States and stored there. However, I use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to my website and what visitors do once there. This data can also be used to provide other services related to the use of my website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at https://www.google.com/intl/de/policies/privacy/partners, including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at https://tools.google.com/dlpage/gaoptout?hl=en in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit my website. The add-on informs Google Analytics' JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to me or to other web analytics services I may use as detailed herein.


Google Tag Manager

I use Google Tag Manager to manage “website tags”. Tags are small code elements on my website that run upon certain interactions with the website and send measured data to the third party programs used (e.g. Google Analytics). The Tag Manager itself does not use cookies and does not collect any personal data. The Tag Manager triggers other tags that collect data and place cookies under certain circumstances (e.g. the third party programs used). The Tag Manager does not access this data.


Google Fonts

My website uses Google Fonts to display external fonts. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (hereinafter: Google). To enable the display of certain fonts on my website, a connection to the Google server in the USA is established whenever my website is accessed.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. My legitimate interest lies in the optimization and economic operation of my site.

When you access my website, a connection to Google is established from which Google can identify the site from which your request has been sent and to which IP address the fonts are being transmitted for display. Google offers detailed information at https://adssettings.google.com/authenticated and https://policies.google.com/privacy in particular on options for preventing the use of data.


Embedded YouTube videos

When you visit a website into which YouTube videos are embedded, Google receives information that you have accessed this website. The data mentioned in the above section (“usage data”) is also transmitted. This happens regardless of whether Google provides a user account that you can log into or whether no user account exists. If you are logged into your Google account, your data will be directly associated with your account. If you do not wish data to be associated with your Google profile, you must log out prior to visiting websites into which YouTube videos are embedded.

Google stores this data as a user profile and uses it for purposes of advertising, market research and/or demand-led configuration of its website. Such evaluation takes place (even for users who are not logged in) for the purposes of demand-oriented advertising. You can find more information in the Google Privacy Policy: https://policies.google.com/privacy

The legal basis for the use of YouTube videos on my website is my legitimate interest (Art. 6 Para. 1 lit. f) GDPR) in the demand-oriented, visually optimised presentation of my website, above all through the use of videos.

Right to object
You have the right to object to the creation of these user profiles, whereby you must contact Google in order to exercise this right. You can use the privacy settings in your Google account to determine how Google can use your data for advertising or other purposes. This includes settings determining the display of advertisements (“ads”).