Table of Contents
By using our software, websites, services, applications or by otherwise giving us your personal information, you are consenting to our use of your information and accepting the practices described in this Policy. In some cases, providing information and data is essential for us to provide services. If you do not agree to this Policy, please do not use our software and/ or websites or give us any of your personal information.
The operative parties referred to in this policy are Company and you, the user of this site and/ or the software.
JAMAHOOK AG and certain wholly owned subsidiaries of the same including predecessors, successors, and assigns, are the owners, publishers and/ or operators of this and other various websites and/ or software and are hereinafter referred to collectively as “Company.”
In the context of the entry into force of the European General Data Protection Regulation (GDPR) on 25 May 2018, regulations apply which may also be applicable to companies domiciled in Switzerland. We comply with these provisions, which provide in particular that private individuals have more control over their personal data. This results in increased obligations for companies to respect data protection. The most important of these rights are listed below. Further details can be found in the legal basis, which can be accessed via the following link: http://eur-lex.europa.eu/eli/reg/2016/679/oj
Right to information (Articles 13 and 14 GDPR)
Where personal data are collected, the data subjects are to be provided with a range of information regarding the collection of data, in particular what data are collected and for what purpose.
Right of access by the data subject (Art. 15 GDPR)
According to the GDPR, the person affected by the data processing is entitled to demand a confirmation that personal data are processed by him or that this is not the case. Where data is processed, the GDPR establishes various rights (e.g. the right to obtain a copy of the data).
Right to rectification (Article 16 GDPR)
The data subject shall have the right to request the controller to rectify any inaccurate personal data concerning him/her without delay. Taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
Right to erase (“right to be forgotten”) (Art. 17 GDPR)
The data subject has the right to request that personal data relating to him/her be deleted immediately and the personal data must be deleted immediately if one of the reasons listed in the GDPR applies, for example that the data are no longer necessary for the purpose for which they were collected.
Right to restriction of processing (Art. 18 GDPR)
In certain cases, the data subject has the right to require the GDPR to restrict the processing of data. If such a restriction is requested, the data may only be retained, but may no longer be processed.
Right of notification (Art. 19 GDPR)
According to the GDPR, all recipients to whom personal data have been disclosed must be informed of any correction or deletion of personal data or any restriction on processing, unless this proves impossible or involves disproportionate effort.
Right to data transferability (Art. 20 GDPR)
The data subject has the right to receive the data that he has provided in a structured, common and machine-readable format and has the right to transfer this data to another data controller, for example to exchange the service provider. However, this right can only be exercised if the data processing is based on the consent of the data subject or on a contract.
Right to object (Art. 21 GDPR)
The data subject shall also have the right to object at any time, for reasons arising from his or her particular situation, to certain processing of personal data relating to him or her, including profiling based on these provisions. Subsequently, the data may no longer be processed, unless the data processor can prove compelling reasons for the processing which are worthy of protection and which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him/her for the purposes of such advertising, including profiling in so far as it is related to such direct marketing.
Right to waive an automated decision in individual cases (Art. 22 GDPR)
In addition, the data subject has the right not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or her or significantly affects him or her in a similar manner.
Right to be informed of data protection violations (Art. 34 GDPR)
Should the provisions on the protection of personal data be violated, the person affected by the violation will be informed, provided that this entails a high risk for personal rights and freedoms.
III Personal Information
Users of our websites and services will have multiple manners of interactivity with us. Any information gathered is limited to cookies, IP Addresses and Referral URLs, and other passive information gathering devices, as explained below. However, we request and/or collect certain necessary information such as name, email, phone number, age, device identification, and IP address from Users and we reserve the right to utilize such information collected during the registration process. We also reserve the right to utilize information voluntarily provided from Users such as comments, feedback, and copyright notices (“Voluntary Data”), in accordance with the applicable provisions of Sections V and VIII below.
IV How Information is collected
V Use of Information
The primary use for any information collected is to provide you with website and/ or software services. We also use your information such as location data to deliver customized services to you; for User support purposes; and for efforts to monitor and help ensure against illegal activities, fraud, harassment and spamming. Non-personal and aggregate information, which is – as stated above – collected passively, is used in order to geographically customize our marketing efforts or to generally customize the use of our site for an aggregate group of customers. We may share this user information with third party entities as necessary for such entities to provide external processing or analytics services. Information gathered from Users may be used to assist such individuals in completing the registration process, promotional communications, and for marketing and/or research purposes. Voluntary Data may be used in any manner at our sole discretion including, but not limited to, promotional purposes and as described in Section VIII.
VI Do Not Track (“DNT”)
Although the websites may not have the capability of recognizing all web browser Do Not Track signals, you may delete or decline the use of certain cookies by editing your browser settings. Choosing to disable cookies may disable or alter the functionality of some features of the websites and/ or software.
VII Third Party Data Tracking
We may utilize third party services to track certain usage data collected over time and across certain websites, as well as the effectiveness of certain advertising campaigns. We do not provide any personally identifying information to such third parties, but they may choose to collect generalized User activity data from you. The collection and use of this aggregate User data may be subject to the policies of the relevant third party. Some of the tools we are using are:
Facebook – JAMAHOOK`s website uses Facebook plugins and the JAMAHOOK Loop & Beat Maker uses the Facebook iOS SDK – both from the social network facebook.com, which is operated by Meta Platforms, Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). When you visit our website with such a plugin, a connection to the Facebook servers is established. This transfers to the Facebook server which of our Internet pages you have visited in detail. If you are logged in as a Facebook member, Facebook assigns this information to your personal Facebook account. When using the plugin functions (e.g. clicking the “I like” button, posting a comment), this information is also assigned to your Facebook account, which you can prevent by logging out before using the plugin.
Stripe – When purchases are made via our website, we do not store any credit card data ourselves. For the payment process we use the services of the provider STRIPE. The data is transmitted using proven technology. STRIPE is located at 185 Berry Street, San Francisco, CA 94107, USA. Information on the handling of the data can be found on the STRIPE website: https://stripe.com/de/privacy.
Google Webfonts – In order to present our contents correctly and graphically appealing with all browsers, this website uses so-called web fonts, which are provided by our own server. To avoid that user data are transferred we are loading Google fonts from our own server.
In case of a technical defect the following applies: Utilizing script libraries or font libraries automatically triggers a connection to the library operator. this website uses so-called web fonts, which are provided by our own server.
When you visit a page, your browser loads the required web fonts into its browser memory. To do this, your browser must connect to Google’s servers in the United States. This gives Google the information that our website was accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our website. This constitutes a legitimate interest within the meaning of Article 6 (4) of the 1a f GDPR. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font.
For more information about Google Web Fonts, see https://developers.google.com/fonts/faq.
VIII Special Cases
It is our policy not to use or share the information about Users in ways unrelated to those described in this Policy without also providing the User with an opportunity to opt out or otherwise object to such unrelated uses. However, we may disclose information about Users, or information regarding your use of the services or websites accessible through our services, for any reason without notice if, in our sole discretion, we believe that it is reasonable to do so, including, but not limited to:
To satisfy any laws, regulations, or governmental, or legal requests for such information;
To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions and other policies and procedures;
To operate our services properly;
To protect ourselves, our Users, and the general public. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime – including, but not limited to, fraud-related offense – is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, court orders or reasonable request of authorities or persons with the reasonable power to obtain such process; and
To enable or become involved with a corporate transaction or reorganization, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. In the event of any of these activities, you consent to the disclosure, transfer, sale and/or release of your personal information and data to such third party recipients of Company’s assets.
IX Electronic Communication
If you provide your information to us or use the services and websites, you will have created a commercial relationship with us. Even though we currently do not provide Users with promotional advertising materials, your use of the services and websites constitutes your understanding and consent that even unsolicited commercial email sent from us or our affiliates is not unlawful SPAM as that term is defined under the law.
X Public Forums
The Company may offer public forums and blogs. To the extent you provide Voluntary Data, we reserve to right to use such data as described in Sections III, V, and VIII.
XI Commitment to Data Security
We take commercially reasonable measures to protect the transmission of all User information.
We protect personal data through appropriate technical and organizational security measures and store them on secure servers. The website and software are protected against manipulation by usual measures according to the state of the art and against access, modification or distribution by unauthorized persons. This includes that we take the aspects of data protection into account already in the planning phase of our services (“privacy by design”), and our new products and services are offered with data protection-friendly presetting (“privacy by default”).
Nevertheless, we cannot guarantee that our security measures will prevent third-party hackers from illegally obtaining this information. We take reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is completely breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
XII SSL encryption
To protect the security of your data during transmission, we use state-of-the-art encryption methods (i.e. SSL) via HTTPS.