Marlon Hoffstadt

HOER Privacy Policy 

15.09.2022

In the following we would like to inform the user about how we handle the user’s personal data when using the HOER website and other HOER services. We also like to inform what rights the users are entitled to. We like to provide a quick summary on the topic which is followed by our complete data protection and privacy policy.  

Summary

Responsible for data processing on this website is the HOER DOT LIVE GmbH, Karl Marx Allee 122, 10243 Berlin, Germany. The type and amount of data processing can differ from user to user and especially depends on how the user uses and interacts with the website and other services.

1. If the website is accessed as a non-registered user, technical data about the user’s device and, depending on the user’s settings in the cookie banner, other data from individual services will be processed for convenience, analysis or marketing purposes. The legal bases are primarily our legitimate interest in the operation of the website (Art. 6 Para. 1 lit. f. DSGVO) or your consent given in the cookie banner (Art. 6 Para. 1 lit. a. DSGVO). Please note that we are a music streaming website. We are using YouTube as technical partner for the streaming. Therefore YouTube services are implemented on our website. The YouTube services are active by default. Otherwise the user would find an empty site with almost no content. Without an active YouTube implementation, HOER.LIVE is not usable. As YouTube is a third party and possibly subject to different data protection laws and standards, we have no influence on the practice of collecting and using data on by YouTube. We inform the user about this situation in the mandatory information and cookie-consent.
2. If the HOER website and our services are used as a registered user, additional data will be collected, for creating and maintaining the user’s account. The legal basis for this data processing is the fulfillment of the contract concluded with HOER (Art. 6 Para. 1 lit. b. DSGVO).
3. Additional information on the payment process if the registered user chooses to use paid service (e.g. a paid subscription). Also additional data is processes when the user uses the HOER shop. This especially concerns information on payment and delivery. In both cases, the legal basis for this data processing is the fulfillment of the contract concluded with HOER (Art. 6 Para. 1 lit. b. DSGVO).

Data processing also depends on the extent to which this website and the services are used. Additional data is processed, for example, when using the following functions:

– Subscription to the newsletter

– Customer Support Inquiries

– Use of the website’s comment function

– Playing videos (via YouTube as a third party)

Data processed by HOER can be transmitted to the USA if the transmission has been secured by standard data protection clauses from the EU Commission or if you consent to the transmission. This does not apply for data processed by YouTube as HOER has no influence on the collection and processing of data by YouTube. 

Hoer.Live Privacy Policy

1. Scope of this privacy policy

1.1 This data protection notice contains information about data processing when using our website at www.hoer.live and the services offered there.

1.2 Naturally, this data protection information can only apply to the content on our websites and the server we use and does not include such content and websites of third parties to which we offer only links. This applies, for example, to links to third party websites, especially social media networks, such as Facebook and Instagram. The processing of the user’s personal data by third party websites is carried out by the respective operator of the website, without HOER having any influence on this processing. This also applies to the user’s personal data that is provide to us via such a platform, for example by writing to our profile or commenting our content in the respective social network. Information on the handling and protection of the user’s personal data on these platforms can be found in the data protection notices of the respective platform.

1.3 Hoer.live is a streaming website. As such we rely on the implementation of YOUTUBE for streaming. Without YOUTUBE, no streaming is possible and our website will be stripped of the primary content – the streams. Without an active YouTube implementation, HOER.LIVE is not usable. YouTube is a third party and possibly subject to different data protection laws and standards. HOER has no influence on the practice of collecting and using data by YouTube. The user is informed about this situation in the mandatory information and cookie-consent before entering the site.

2. Responsible person/entity 

The person/entity responsible within the meaning of the DSGVO and other mandatory data protection statutes under the German laws and other applicable data protection laws Provisions is:

HOER DOT LIVE GmbH

Karl Marx Allee 122, 10243 Berlin, Germany 

Commercial register court: Amtsgericht Berlin Charlottenburg, HRB 235396 B 

Email: support@hoer.live

Mailbox: Karl Marx Allee 122, 10243 Berlin, Germany  c/o HOER DOT LIVE GmbH

Website: www.hoer.live

We refer to the imprint for additional information on the company and its representation

3. General information on data processing

3.1 Scope of processing of personal data

In principle, HOER processes personal data of the users insofar as this is necessary for providing a functional website and as it is required for providing content and services. Personal data of the user is generally processed only with the user’s consent. An exception applies in cases where it is not possible to obtain prior consent and the processing of the data is permitted by law. This applies especially for processing of user data in order to perform contracts concluded with the user. 

3.2 Legal basis for processing personal data

If HOER has obtained the user’s consent for obtaining and processing data,  Article 6 Paragraph 1 lit. a  DSGVO serves as the legal basis. When processing a user’s personal data is necessary to fulfill a contract concluded with the user, Art. 6 Para. 1 lit. b. DSGVO is the legal basis. This also applies to necessary data processing carried out before the contract is concluded. In case of a legal obligation of HOER, personal data of the user may also be processed on the basis of Art. 6 Para. 1 lit. c. DSGVO. Processing of personal data is also permitted according Article 6 paragraph 1 lit. d DSGVO in order to protect vital interests of the user or another natural person. Finally, processing of the user’s personal data is permitted if processing the data is permitted under Art. 6 (1) lit. f. DSGVO, if the data processing is required in order to protect a legitimate interest of HOER or those of a third party unless the interests or fundamental rights and freedoms of the user, aimed at protecting personal data, prevail.

3.3 Erasure of data and Storage duration

The personal data of the user concerned will be deleted or blocked, as soon as the purpose of storage no longer applies. Storage can also take place if this is required by domestic, European law. The data will also be blocked or deleted if the storage period prescribed by the applicable statutes expires, unless a necessity for further storage of the data for the conclusion of a contract or a fulfillment of the contract exists.

4. Log Files

4.1 Each time the HOER website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

– Information about the browser type and version used

– Information on user’s operating system 

– The user’s IP address 

– Date and time of access 

– Webpages that are accessed by the user’s system via our website

The data is saved in the log files of our system. This data is not stored together with other personal data of the user.

4.2 The legal basis for the temporary storage of the data and the log files is Article 6 Para. 1 lit. f. DSGVO.

4.3 The temporary storage of data in log files takes place to ensure the functionality of the website and is necessary to enable delivery of the website to the user’s computer. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. For this purpose there is a legitimate interest in data processing in accordance with Article 6 Para. 1 lit. f. DSGVO.

4.4 The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case after seven days at the latest when the respective user session has ended. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.

4.5 The collection of the data for accessing of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user. Because there is no other way to use the website, the user should abstain from using it if he has any objection. 

5. Registration at hoer.live

5.1 In order to get access to additional features, the user may register at hoer.live and create a user account. For the registration, the user has to enter personal data into a form. The date is transmitted to HOER, processed and saved. The following data is collected as part of the registration process:

– First and Last Name

– Email address 

– Account name

– Date and time of the registration

– IP address of the system requesting registration 

Registration of the user is necessary in order for the user being able to use additional functions Services on the hoer.live website. 

5.2 With the registration, the user declares his agreement with the collection and processing of the aforementioned data. Data will not be passed on to third parties

5.3 The legal basis for collecting and processing the data are Art. 6 Para. 1 lit. a. DSGVO and Art. 6 Para. 1 b. DSGVO.

5.4 The user data will be deleted as it is no longer necessary to achieve the purpose for which it was collected. This applies for user data collected in the registration process, if the data for the execution of the contract is no longer required. In order to comply with contractual or legal obligations, HOER might save personal data for a longer period. 

5.5 The user may cancel the registration at any time. To do this, the user can use the “delete account function” or request via e-mail that the account shall be deleted. The user can request information about and change of the stored data at any time. If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, premature deletion – before the end of the contracts term – of the data is only possible if contractual or legal obligations do not prevent deletion

6. Data processing for paid services (registered users only)

6.1 For processing of payment, HOER works with Stripe Payments Europe Limited 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland, including processing invoices. The following data may be passed to Stripe insofar as this is necessary for the fulfillment of the contract:

– Name of cardholder

– E-mail address of the customer

– Customer number

– Order number

– Bank details

– credit card details

– Currency

– Validity period of the credit card

– Credit Card Verification Number (CVC)

– Date and time of the transaction

– Transaction total

– Location

6.2 The legal basis for data processing for processing payments is Art. 6 Para. 1 sentence 1 lit. b. DSGVO, because the payment process is necessary for processing the contract concluded with the user. Without the transmission of your personal data, we cannot make a payment via Stripe.

6.3 The personal data gathered from the user by using Stripe payment services is solely used for processing of the contact with then user. 

6.4 Personal data is generally stored for the duration of the service provision. This means that the data will be stored until HOER ends the cooperation with Stripe. However, in order to fulfill legal and official obligations, Stripe can also store personal data for the duration of the service provision. Since Stripe is a global company, data may also be stored in other countries where Stripe offers services. This means that data can also be stored outside of your country, for example in the USA.

The personal data relevant for the transaction and concluding the contract may also be stored by HOER until the payment has been processed. This includes the time it takes to process refunds, claims management and fraud prevention. For HOER a retention period of 10 years applies for data and business records within the meaning of Section 147 Para. 1 AO.

6.5 When conducting payment services on behalf of HOER, Stripe takes on a dual role as controller and processor in data processing activities. As the controller, Stripe uses your transmitted data to fulfill regulatory obligations. This corresponds to Stripe’s legitimate interest (according to Art. 6 Para. 1 lit. f GDPR) and serves to execute the contract and to fulfill a contractual obligation (according to Art. 6 Para. 1 lit. b GDPR). HOER has no influence on this process.

Stripe also acts as a data-processor on behalf of HOER in order to be able to complete transactions within the payment networks. As part of the order processing relationship, Stripe acts exclusively according to the instructions of HOER and has been contractually obliged to comply with the data protection regulations within the meaning of Art. 28 DSGVO.

6.6 According to its own statements, Stripe has implemented compliance measures for international data transfers. These apply to all worldwide activities in which Stripe processes personal data of natural persons in the EU. These measures are based on the EU Standard Contractual Clauses (SCCs). HOER cannot check the actual implementation of the compliance measures and their application.

The collection and processing of personal data by Stripe and the regulatory bases are made available by Stripe on the following website: https://stripe.com/privacy-center/legal

7. Contact via email

7.1 The user can contact us via email. Email addresses are provided in this document and the imprint.  If the user sends us an email, the personal data transmitted with the e-mail saved. The data from email communication will not be passed on to third parties and is used exclusively for processing the conversation.

7.2 The legal basis for collecting and processing the data are Art. 6 Para. 1 lit. a. DSGVO and Art. 6 Para. 1 f. DSGVO. If the user sends an email with the intention to conclude a contract or in connection with an existing contract, then intended processing of the data is also permitted in accordance with Art. 6 Para. 1 lit. b. DSGVO.

7.3 The personal data gathered from the user contacting us by email is solely used for processing of the contact. The other personal data processed during the sending process serve to prevent misuse of our communication channel and protect the security of our information technology systems.

7.4 The data gathered by email communication will be deleted as soon as it is no longer necessary in order to achieve the purpose for which it was collected. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have finally been clarified and if there is no legitimate interest in preserving the data for a longer period. Such a reason may in particular lie in the need to secure information for or in connection with the enforcement of legal claims or the defense against such.

7.5 The user must, at any time, withdraw his consent to the processing of personal data. If the user contacts HOER by email, the user can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The user can do this by informing HOER that the communication shall not be continued. All personal data acquired in the course of making contact will be deleted in this case.

8. Newsletter

8.1 The user can subscribe to a free newsletter on our website. When registering for the newsletter, the following data is transmitted to HOER:

– User’s email address 

In addition, the following data is collected during newsletter registration:

– IP address of the user (calling computer)

– Date and time of newsletter registration

– Consent to receive the newsletter and acknowledgment of this data protection declaration

– Connection to an existing user account

The data from newsletter applications will not be passed on to third parties and is used exclusively for sending the newsletter.

8.2 The legal basis for collecting and processing the data are Art. 6 Para. 1 lit. a. DSGVO.

8.3 The collection of the user’s e-mail address in the registration process serves to deliver the newsletter only. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

8.4 The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. The e-mail address of the user is therefore stored as long as the subscription to the newsletter is active. The other data collected as part of the registration process is usually deleted after its purpose is not required anymore. This is the case when the subscription is terminated.

8.5 The user must, at any time, withdraw his consent to the processing of personal data by canceling the newsletter. For this purpose, there is a corresponding link in every newsletter. Alternatively, the user may contact HOER and request unsubscription from the newsletter. Unsubscribing is also considered a revocation of consent to the processing of personal data and collected during the registration process.

9. YouTube

9.1 The HOER website uses embed videos and streams from the YouTube service operated by Google. Using YouTube allows users to conveniently play videos. The YouTube service is essential for displaying and the primary content of hoer.live. Therefore it is activated with the user’s consent. The consent is declared in the introductory notice. Without an active YouTube implementation, Hoer.live is not usable. 

9.2 HOER cannot rule out the possibility that a user’s usage behavior is evaluated as part of the evaluation of video views from YouTube. The evaluation results can possibly also be assigned to individual persons. 

9.3 Google processes the data collected via YouTube for its own purposes and to the extent specified in its own privacy policy. HOER has no influence on this process. In addition, Google may transmit the data to third countries outside the European Economic Area, in particular the USA. 

9.4 With the user’s consent, which can be given in the front banner on our website, HOER will activate YouTube service. The legal basis for data processing in connection with the integration of YouTube on the HOER website is Article 6 (1) a. GDPR. The user can revoke given consent at any time with effect for the future, in particular by reloading the page and not agreeing to the data processing in the introductory banner again. Please note that this only applies to future data processing, but not in relation to data processing to which you had already consented by activating the service.

10. Google Analytics

10.1 With your consent, HOER uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street Dublin 4 (“Google”). In addition to user interactions on the HOER website, Google Analytics also collects technical data, in particular the IP address of the end device, to ensure the security of the service and to give HOER, in the function of the website operator, information about the country, region or location from which the website is used (so-called “IP location determination”). HOER uses Google Analytics with the extension “_anonymizehelp()” only. By enabling this extension for the HOER website, the user’s IP address will be truncated before being sent to a Google server in the United States. Google Analytics collects the information mentioned above using cookies, among other things, which contain an individual ID for the user. In this way, Google may be able to identify individual users across websites or even devices. The cookies are stored for a maximum of 2 years and then automatically deleted.

10.2 Google uses the information on the behalf of HOER to evaluate the use of the HOER website, to create reports on website activity and to provide HOER with other services related to website activity and internet usage.

10.3 Google also processes the aforementioned data collected via Google Analytics for its own purposes in accordance with its own data protection declaration. The data can be stored by Google in usage profiles and processed, for example, to improve products, develop new products, measure the effectiveness of certain advertising and market research, and personalize content and advertisements. If you are logged in to Google, your data will be assigned directly to your user account. If you do not wish to be assigned to your Google user account, you must log out of Google Analytics before activating it. We have no influence on the further processing of your data by Google. For more information, see Google’s privacy policy: https://policies.google.com/privacy

Further details on data processing within the framework of Google Analytics are available at http://google.com/analytics/terms/de.html and at support.google.com/analytics/answer/6004245?hl=de/.

10.4 The information collected is stored on servers of the respective provider (Google), also in the USA. HOER would like to point out that there may be additional risks when data is transferred to the USA, for example it may be more difficult to enforce user’s rights to this data or certain US authorities may gain access to this data. The user agrees to this data transfer to the USA by consenting with the use of Google Analytics. The data transfer to the USA is therefore based on the user’s consent in accordance with Article 49 Para. 1 lit. a. DSGVO.

10.5 The legal basis for data processing by the above analysis tools is the user’s consent in accordance with Article 6 Para. 1 lit. a. DSGVO. Any consent given is free at any time and can be revoked with effect for the future. Consent is obtained in the cookie banner and can also be revoked there.

11. User’s rights

The user has the following rights if personal data is processed by HOER: 

11.1 The user may at any time demand information about the personal data that was stored, the processing purposes, origin of the data, what transfer has taken place to which recipients or categories of recipients, the storage period and the data subject rights available to the user. Information can be demanded in written or electronic form and has to be provided for free.

11.2 The user may demand correction and/or completion from HOER, provided that the processed personal data is incorrect or incomplete. HOER will immediately correct or complete the data in such a case.

11.3 The user has the right to object at any time to data processing based on Art. 6 Para. 1 S. 1 f. DSGVO for reasons that arise from the user’s particular situation, unless HOER can prove compelling reasons worthy of protection that outweigh the user’s interests, or the processing serves to assert, exercise or defend legal claims. The user can object to data processing for the purpose of direct advertising at any time without requiring any special reasons.

11.4 If the user provide data that concerns the user and HOER process this data on the basis of the user’s consent or to fulfill a contract, the user can request that HOER transmits this data in a structured, common and machine-readable format to the user or that HOER transfer this data to another person responsible, as far as this is technically possible (right of data portability).

11.5 The user can revoke all declarations of consent regarding the use of personal data at any time with effect for the future.

11.6 The user can also lodge a complaint with a data protection supervisory authority against data processing by HOER which, in the user’s your opinion, violates the statutory provisions. The data protection supervisory authority to which the complaint was lodged shall inform the Complainant about the status and outcome of the complaint including the possibility of a judicial remedy according to Art. 78 DSGVO.

11.7 To exercise the before mentioned rights, the user may contact HOER in writing at HOER DOT LIVE GmbH, Karl Marx Allee 122, 10243 Berlin, Germany, or by email at contact@hoer.live.

12. Revision of the privacy notice

HOER reserves the right to check and revise this data protection notice from time to time, if this is indicated, for example, due to new technical developments, changes in law,  adding, changing or altering features and services or due to changes in the general business operations. It is therefore advisable for the user to read the provisions of this data protection notice from time to time.