General Data Protection Regulation (GDPR) for HIGHRESAUDIO (Updated: 01.05.2018)
HIGHRESAUDIO provides and offers you high-resolution digital music, services and information in a secure and convenient manner. All of the information that is requested from you is essential to provide the service you desire from HIGHRESAUDIO. We do NOT distribute your personal information to any third parties without your consent. We use your IP address to help diagnose problems and to improve the usefulness of our platform and services with our server, and to administer our web site. Your IP address is used to gather geographic information and help tailor the services we offer to you.
HIGHRESAUDIO knows that you care how information about you is used and shared, and we appreciate your trust in us to do that carefully and sensibly. This notice describes our policy. By visiting www.highresaudio.com, you are accepting and consenting to the practices described in these General Terms and Conditions and Privacy Notice. HIGHRESAUDIO may from time to time amend, supplement or modify the terms of this agreement. It is your responsibility to check these terms periodically for changes. Your continued use of the service following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the General Terms and Conditions and Privacy Notice as amended, you must stop using the service.
- Contact to data protection officer
- Your Information
- Controllers of Personal Information
- Collection and Use of Personal Information About Customers
- Business transfers
- Protection of HIGHRESAUDIO and others
- What Information Can I Access?
- How Secure Is Information About Me?
- Intellectual Property
- Conditions specific to downloaded music
- Links to other Websites or services
Responsible and contact data protection officer
Person responsible within the meaning of the General Data Protection Regulation (GDPR), other data protection laws in the member states of the EU and other regulations with data protection is: HIGHRESAUDIO® UG, Waldenserstrasse 2-4, Building D, 2nd floor, D-10551 Berlin-Tiergarten, Germany
The data protection officer of the responsible person can be reached at: email@example.com
You agree to provide accurate, current, and complete information required to register with the service and at other times as may be required in the course of using the service. You further agree to maintain and update your data as required to keep it accurate, current, and complete. HIGHRESAUDIO may terminate your right to use any or all of the service if any information you provide is false, inaccurate or incomplete as determined by HIGHRESAUDIO in its sole discretion. You agree that HIGHRESAUDIO may store and use the data you provide (including credit card information) for use in providing the service, including but not limited to, maintaining and collecting your accounts and billing fees to your credit card. If you do not want HIGHRESAUDIO to keep you up to date with our latest news and information you can select your preferences when you register. If you have already registered then you can change your preferences by logging into your account and amending them or write to firstname.lastname@example.org
The main source of information we collect is at registration. You must register with us to make a purchase or sign a subscription for our streaming service. We will offer you options to sign up for our mailing lists without having to make a purchase though. During registration you must provide your email address and you will be asked to choose a password. You will also be asked, but not required, to provide further information about yourself (such as preferred music genre, how you use your downloads, what you play your music on etc.). If you decide to purchase any albums you will be required to provide credit card and personal billing information. Any information you do provide will be used for market research purposes at HIGHRESAUDIO only. We want to gain a better understanding of our customers and thus provide a more valuable service. We also collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our website services are of most interest to them.
HIGHRESAUDIO also enables you to send "e-vouchers" or purchase gift certificates for family members, friends or colleagues. To fulfill your request, HIGHRESAUDIO may require personal information about the person to whom you are sending the product or service such as their name, postal address and email address. The personal information you provide about that person is used only for the purpose for which it is collected.
If you submit information on album recommendations you should be aware that this information will be visible to other customers.
Controllers of Personal Information
HIGHRESAUDIO® is registered trademark and a subsidiary of HIGHRESAUDIO (UG). Any personal information gathered by HIGHRESAUDIO is controlled primarily by HIGHRESAUDIO UG, Waldenserstrasse 2-4, Gebäude D, 2. Stock, D-10551 Berlin-Tiergarten, GERMANY. HIGHRESAUDIO UG adheres to the Data Protection Act of 1998 and the EU Directive on Privacy and Electronic Communications (May 25th 2018). The information we store about our customers is shared only with HIGHRESAUDIO and you will be contacted by them only when you have selected this in your personal preferences in your account as explained above. We will not sell our customer information to any other party.
HIGHRESAUDIO respect's your privacy and are committed to protecting your personal information in compliance with the applicable legislation. This compliance is consistent with our desire to keep you informed and to recognize and respect your privacy rights. We agree to observe the following principles when processing personal information:
- Data will be processed fairly and in accordance with applicable law.
- Data will be collected for specified, legitimate purposes and not processed further in ways incompatible with those purposes.
- Data will be relevant to and not excessive for the purposes for which they are collected and used. For example data may be rendered anonymous if deemed reasonable, feasible and appropriate, depending on the nature of the data and the risks associated with the intended uses.
- Data subjects in the EU will be asked to provide their clear and unequivocal consent for the collection, processing and transfer of their personal data.
- Data will be accurate and, where necessary kept up up-to-date. Reasonable steps will be taken to rectify or delete personal information that is inaccurate or incomplete.
- Data will be kept only as it is necessary for the purposes for which it was collected and processed. Those purposes shall be described in this Policy.
- Data will be deleted or amended following a relevant request by the concerned data subject, should such notice comply with the applicable legislation each time.
- Data will be processed in accordance with the individual’s legal rights (as described in this Policy or as provided by law).
Appropriate technical, physical and organizational measures will be taken to prevent unauthorized access, unlawful processing and unauthorized or accidental loss, destruction or damage to data. In case of any such violation with respect to personal data, we will take appropriate steps to end the violation and determine liabilities in accordance with applicable law and will cooperate with the competent authorities.
User Account and Service Security
As a registered user of the service, you may receive or establish an account. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else, and must not use, or attempt to access or use anyone else's account. You are entirely responsible for all purchases and other activities that occur on or through your account, and you agree to immediately notify HIGHRESAUDIO of any unauthorized use of your account or any other breach of security. HIGHRESAUDIO shall not be responsible for any losses arising out of unauthorized use of your account.
If you do not want HIGHRESAUDIO to keep you up to date with our latest news and information you can select your preferences when you register. Alternatively if you have already registered, please log in to your account and amend your personal preferences or write to email@example.com
HIGHRESAUDIO will obtain your consent before allowing the download of any software from the site, and HIGHRESAUDIO will not automatically download any software to your computer system. You understand and agree that any material downloaded from the site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from any such material.
Collection and Use of Personal Information About Customers
The information we learn from customers helps us personalize and continually improve your shopping experience at HIGHRESAUDIO. We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our store, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of the server request
- IP address
These data will not be combined with data from other sources. The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Here are the types of information we gather
Information you give us: we receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information that will mean that you might not be able to take advantage certain site features.
Automatic information: we receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses HIGHRESAUDIO. A number of companies offer utilities designed to help you visit websites anonymously. We will not be able to provide you with a personalized experience at HIGHRESAUDIO if we cannot recognize you, but we want you to be aware that these tools exist.
E-mail communications: to help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from HIGHRESAUDIO if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your registration details.
Information from other sources: we might receive information about you from other sources and add it to our account information.
Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described here and with HIGHRESAUDIO, subject to this Privacy Notice, to the UK Data Protection Act 1998 and EU Directive on Privacy and Electronic Communications (May 25th 2018).
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize you. When you visit our Website or click through hyperlinks appearing thereon, or use one or more of our services, we may use an industry-wide technology called "cookies" which stores certain information on your computer and which will allow us to customise your experience to better match your interests and preferences or simply facilitate your signing-in to use the services. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please note, however, that if you set your browser to block acceptance of cookies, you will not be able to use the HIGHRESAUDIO service or enter our Website.
The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.
You can always choose not to provide information and not to accept Cookies, even though it might be needed to make a purchase or to take advantage of certain site features.
As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exiting pages, operating system, date/time stamp and clickstream data.
We use this information which does not track individual users, to analyze trends, administer the site, track users' movements around the site and to gather demographic information about our user base as a whole. HIGHRESAUDIO will not use the information collected in this way to market directly to that person.
In some of our email messages we use "click-through URLs" linked to content on www.highresaudio.com. When a customer clicks one of these URLs, they pass through our web server before arriving at the destination page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of customer communications.
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited. If you're logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO. Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
Share content via plugins (Facebook, Google+1, Twitter, etc.)
The content on our pages can be shared on other social networks like Facebook, Twitter, or Google+. This page uses the eRecht24 Safe Sharing Tool. This tool establishes direct contact between the networks and users only after users click on one of these buttons.
This tool does not automatically transfer user data to the operators of these platforms. If users are logged into one or more of the social networks, the Like, +1, and Share buttons for Facebook, Google+1, Twitter, etc. will display an information window in which the user can edit the text before it is sent.
Our users can share the content of this page on social networks without their providers creating profiles of users' surfing behavior.
As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that HIGHRESAUDIO or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of HIGHRESAUDIO and others:
We release account and other personal information when we believe release is appropriate to comply with law, to enforce or apply our Terms & Conditions and other agreements or to protect the rights, property or safety of HIGHRESAUDIO, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice. With your consent, other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
Whenever we transfer personal information to countries outside of the European Economic Area in the course of sharing information as set out above, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the UK's Data Protection Act and and EU Directive on Privacy and Electronic Communications (May 25th 2018).
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. To purchase from HIGHRESAUDIO you must use an SSL enabled browser, for example, version 3.0 or higher of Internet Explorer. We don't store any of your payment data eg. credit card numbers when confirming an order. All credit card transactions are conducted and handled by heidelpay GmbH, Vangerowstraße 18, D–69115 Heidelberg. E-Mail: firstname.lastname@example.org.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
What Information Can I Access?
HIGHRESAUDIO gives you access to a broad range of information about your account and your interactions. This list will change as our website evolves.
Payment service providers:
Mastercard & VISA card:
All credit card transactions are conducted and handled by heidelpay GmbH, Vangerowstraße 18, D–69115 Heidelberg. E-Mail: email@example.com.
Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.
If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.
Our website accepts payments via Sofortüberweisung. The provider of this service is Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany.
Sofortüberweisung provides us with real-time payment confirmations, allowing us to begin fulfilling our end of our contract right away.
If you opt to pay using Sofortüberweisung, you will be submitting a PIN and a valid TAN to Sofort GmbH so that it can access your online banking account. Sofort GmbH will automatically check your account balance and perform the transfer to our account using the TAN you supply. It then sends an immediate transaction confirmation. After logging in, your income, the overdraft protection, and the availability of other accounts and their balances will be checked.
In addition to the PIN and TAN, the payment details you provide as well as personal information will be sent to Sofort GmbH. This personal information includes your name, address, telephone numbers, email address, IP address, and any other data required to process your payment. This data must be transferred to identify you securely and to prevent fraud.
Data is transmitted to Sofort GmbH based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.
Please refer to the payment with Sofortüberweisung links below: https://www.sofort.de/datenschutz.html and https://www.klarna.com/sofort/.
Downloads will be made available for you once your payment has been authorized. There will be no contract of any kind between you and us unless and until you make payment for downloads. At any point up until then, we may decline to supply downloads to you without giving any reason. If, by mistake, we have under-priced a download, we will not be liable to supply that download to you at the stated price, provided that we notify you before the download concerned is downloaded.
The yearly streaming subscription will be made available for you once your payment has been authorized. At any point up until then, we may decline to supply access to the streaming content via our HRA-Streaming app to you without giving any reason.
The prices payable for items that you order are clearly set out in the web site. Prices are displayed in Sterling, Euros and US Dollars depending on your billing address and IP Address, but all payments are processed in Sterling for UK customers. All prices are expressed inclusive of any local tax payable unless otherwise stated.
You can pay by any of the following credit or debit cards; Visa, MasterCard, PayPal. Your card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time of order. You will be charged for items at this time in Sterling at the daily exchange rate.
Please note that if your bank account is not in Sterling you bank may charge you a foreign currency fee. Please check with your bank.
Our liability to you in connection with any order will not exceed the total price charged for the relevant downloads.
If any of these terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms which will continue to be valid and enforceable to the fullest extent permitted by law.
We reserve the right to modify, suspend or discontinue this service (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. Where commercially practicable, we will try to give you reasonable notice of any discontinuation of the service.
Except as expressly set out in these Terms and Conditions and Privacy Notice all use of your personal information will be made in accordance with our Privacy Notice.
You agree that, without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the service, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the service, are owned by HIGHRESAUDIO, HIGHRESAUDIO and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the service or any element thereof in any way whatsoever except in strict compliance with the terms of these Terms and Conditions. No portion of the service or any element thereof may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or any element thereof, in any manner, and you shall not use the service or any element thereof to trespass or burden network capacity. UNAUTHORISED USE OF ANY SOFTWARE USED BY THE SERVICE, OR ANY OTHER ELEMENT OF THE SERVICE, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Conditions Specific to Downloaded and Streamed Music
Except for your Usage Rights, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of downloads are prohibited and will constitute a copyright infringement. You understand that the service, and products purchased through the service, such as music, images, video, artwork, text, software and other copyrightable materials, includes a security framework using technology that protects digital information and imposes Usage rights established by HIGHRESAUDIO and its licensors. You understand that downloads may include security technology which ensures that they may only be used in accordance with the Usage Rights. You agree not to attempt to, or assist any other person to, circumvent any of this security technology. You agree to use such downloads and stream solely in accordance with the Usage Rights, and that any other use may result in civil or criminal liability. HIGHRESAUDIO reserves the right to modify the Usage rules at any time. Your compliance with the Usage rules may be monitored by HIGHRESAUDIO, and HIGHRESAUDIO reserves the right to enforce the Usage rules with or without notice to you.
Once you have paid for the downloads and/ or subscription, we make the downloads and the content for streaming available to you through the Service and dedicated app and hardware partners. You are not able to cancel any purchase of downloads or subscription after you have confirmed payment.
Usage Rights Details
You are entitled to download, export, burn or copy downloads solely for personal, non-commercial use in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any downloads or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any download. No right, title or interest in any downloads or software is transferred to you as a result of any downloading or copying or otherwise. All rights in the downloads are owned by HIGHRESAUDIO or its licensors and you have only a limited, non-transferable, non-exclusive, revocable, non sub licensable right to use the downloads for personal use in accordance with the terms of this Agreement.
You may not reproduce (except as noted above), publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the downloads, the service or any related software. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with downloads. You may not play and then re-digitize any downloads, or upload those downloads to the Internet. You may not use the downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not sell or offer to sell the downloads, including but not limited to, posting any downloads for auction, on any Internet auction site. All downloads are sublicensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the site or in these Terms and Conditions. The delivery of a download does not transfer to you any commercial or promotional use rights in the Product.
Please note that you are responsible for downloading the files and providing equipment to do so. You are also responsible for providing equipment and software to use the downloads and should confirm this by using the test file first.
Downloads may not be returned for any reason unless they are defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact our support frontdesk e-mail: firstname.lastname@example.org. Where this is due to our default, we will replace or refund the download. You understand that some downloads may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make such content clear where the suppliers of the track provide us with this information, you agree that we shall have no liability to you for content within the downloads that may be found to be offensive or otherwise objectionable.
Links to other Websites or services
Linking to other sites is an integral part of the functionality of the Internet, including our Website and our service. Any link to a page which displays a URL other than a domain name that contains www.highresaudio.com in the address window of your browser is a link to a site outside of our service and thus outside the control of HIGHRESAUDIO. This includes links to our suppliers of content on the service, affiliates, and links to any other advertisers and third parties that may be linked to HIGHRESAUDIO. These other sites may send their own cookies to you, collect data or solicit personal information. HIGHRESAUDIO cannot guarantee and is not responsible for the content of outside sites. While HIGHRESAUDIO strives to protect our visitors' personal information and privacy, we cannot guarantee the security and privacy of any information you disclose at other sites, and you do so at your own risk.