INTRODUCTION AND TERMS

1 INTRODUCTION

With the operation of our website www.thejagency.com (hereinafter referred to as „website“) we process personal data. We treat them confidentially and process them in accordance with the applicable laws – in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-new). With our data protection regulations, we want to inform you which personal data we collect from you, for what purposes and on what legal basis we use it and, if necessary, to whom we disclose it. In addition, we will explain what rights you have to protect and enforce your data protection.

2. TERMS

Our data protection provisions contain technical terms that are new in the GDPR and the BDSG. For your better understanding, we want to explain these terms in advance in simple words:

2.1 Personal data

„Personal data“ is all information that relates to an identified or identifiable person (Art. 4 No. 1 GDPR). Details of an identified person can e.g. the name or email address. However, data are also personal, where the identity is not immediately apparent, but can be determined by combining one’s own or third-party information and thus finding out who it is. A person will e.g. Identifiable by specifying their address or bank details, their date of birth or user name, their IP addresses and / or location data. Relevant here are all information that in any way allow a conclusion to be drawn about a person.

2.2 processing

“Processing” means Art. 4 No. 2 GDPR every process in connection with personal data. This applies in particular to the collection, recording, organization, ordering, storage, adaptation or modification, reading, querying, use, disclosure, transmission, distribution or any other form of provision, comparison or linking , restriction, deletion or destruction of personal data.

RESPONSIBLE COMPANY AND DATA PROTECTION OFFICER

3. MORE RESPONSIBLE

Responsible for data processing is:

Company: („we“)

Legal representative: (managing director)

Address: Robin Jagielski

Phone: +49 (0) 1601545192

Fax: //

E-mail: kontakt@thejagency.com

4. DATA PROTECTION OFFICER

We have appointed an external data protection officer for our company. You can reach him at:

Surname: Robin Jagielski

Address: Hümerichsweg 2,  DE-57539 Haderschen

Phone: +49 (0) 1601545192

Fax: //

E-mail: kontakt@thejagency.com

PROCESSING FRAME

5. PROCESSING FRAME: WEBSITE

As part of the website with the URL www.thejagency.com, we process the personal data of you detailed below in sections 6 – 16. We only process data from you that you actively provide on our website (e.g. by filling out forms) or that you automatically make available when you use our website.

Your data will only be processed by us and will in principle not be sold, lent or passed on to third parties. If we use the help of external service providers to process your personal data, this is done as part of a so-called order processing, in which we as the client are authorized to give instructions to our contractors. For the operation of our website, we use external service providers for hosting, as well as for maintenance, care and further development. If additional external service providers are used for the individual processing listed in sections 6 – 16, they will be named there.

A data transfer to third countries generally does not take place and is also not planned. We will inform about exceptions to this principle in the processing described below.

THE PROCESSING IN DETAIL

6. PROVISION OF THE WEBSITE AND SERVER LOGFILES

6.1 Description of processing

Every time the website is accessed, we automatically collect information that your browser transmits to our server. These are also stored in the so-called log files of our system. This is the following data:

Your IP address

The system must temporarily store your IP address in order to be able to deliver our website to a user’s device. To do this, the user’s IP address must remain stored for the duration of the session.

6.2 Purpose

The processing is carried out to enable the website to be accessed and to ensure its stability and security. In addition, the processing serves the statistical evaluation and improvement of our online offer.

6.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose specified in section 6.2.

6.4 Storage period

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. The log files will be deleted after 30 days.

7. REGISTRATION AND ACCREDITATION

7.1 Description of processing

Individual functions and offers on our website, such as Downloading press material such as photos and artist information is only available to registered users. With the registration you conclude a free usage contract with us. By registering you will receive your own user account on our website. Registration takes place by filling out the registration form and sending it to us electronically. To register, you have to enter your surname and first name, your e-mail address, company, profession press or organizer and choose a password. Providing a telephone number and your address is voluntary. By clicking the „Register“ button, you send us the form. You will then receive an automatic welcome email. This contains a link to confirm your email address. Your account will only be activated on our website after you have successfully verified your email address by clicking on the confirmation link. As a registered user, you will have access to press material from the artists we represent.

7.2 purpose

The processing takes place in order to provide you with the functions of our website for registered users.

7.3 Legal basis

Processing is necessary to conclude and fulfill the usage contract (Art. 6 Para. 1 b GDPR). Without providing your personal data as part of the registration, we cannot provide our contractually owed services.

7.4 Storage period

The data will be automatically deleted by us when your user contract ends. You can end the user contract yourself by sending us an email to robin@thejagency.de that you no longer want to be a registered user of our website. We will then delete your user account immediately.

8. CONTACT FORM AND CONTACT BY EMAIL

8.1 Description of processing

For general contact, we have provided a contact form on our website. In this form, you will be asked to enter your email address, your surname and first name, and a message to us. If you click the „Send“ button, the data will be transmitted to us. The contact form can only be submitted if you accept our data protection regulations by clicking the corresponding checkbox. You can also contact us using the email addresses provided on the website. In this case, the personal data transmitted with the email will be processed by us.

Via the Press website we provide a special contact form to inquire about certain events with us about accreditation. All fields marked with an asterisk are mandatory.

Via another booking website we offer the possibility to make booking requests for our artists. Again, all fields marked with an asterisk are mandatory.

8.2 purpose

By providing a contact form on our website, we want to offer you a convenient way to contact us. The data transmitted with and in the contact form or your email will only be used for the purpose of processing and answering your request.

8.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose specified in section 8.2. If the e-mail contact is aimed at the conclusion or fulfillment of a contract, the data processing takes place for the fulfillment of the contract (Art. 6 Para. 1 b GDPR).

8.4 Storage period

We will delete the data as soon as it is no longer required to achieve the purpose for which it was collected. This is usually the case when communication with you has ended. Communication is ended when the circumstances indicate that your request has been finally resolved. If statutory retention periods prevent deletion, deletion takes place immediately after the statutory retention period has expired.

9. COOKIES

9.1 Description of processing

Our website uses cookies. Cookies are small text files that are stored on the user’s device when visiting a website. Cookies contain information that enables the recognition of a device and, if necessary, certain functions of a website. We mostly only use so-called „session cookies“. These are automatically deleted when you end your internet session and close the browser. Other cookies remain stored on your device for a longer period of time and enable partner companies to recognize your browser or computer (persistent cookies). Depending on the cookie, persistent cookies are automatically deleted depending on the specified storage period.

9.2 Purpose

We use cookies to make our website more user-friendly and to offer the functions described in section 9.1. We work u. a. with advertising partners who support us in making our website as interesting as possible for you. For this purpose u. Our website may also store third-party cookies, our partner companies, on your hard drive. If we allow third parties to use such cookies, we will inform you in the following sections about the information collected in this way.

9.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose stated in section 10.2.

9.4 Storage period

Cookies are automatically deleted at the end of a session or when the specified storage period has expired. Since cookies are stored on your end device, you as the user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies.

Below we have put together the links for you that will lead you to instructions on how you can change the settings in the common browsers. You can find more information in the support menu of your browser:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies

Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647

Safari: https://support.apple.com/kb/ph21411?locale=de_DE

Opera: http://help.opera.com/Windows/10.20/de/cookies.html

Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, individual functions of our website cannot be used or can only be used to a limited extent.

10. NEWSLETTER

10.1 Description of processing

We send a newsletter at irregular intervals. With the newsletter we inform you about the tours of our artists in particular. You will receive our newsletter if you actively subscribe to our mailing list or if you are a registered customer of ours.

To subscribe to the newsletter, you only need to provide your email address and a postal code. All other information is voluntary and only serves to personalize the emails. We use the so-called double opt-in procedure to carry out and verify newsletter registrations. Registration takes place in several steps. First, subscribe to the newsletter on our website. You will then receive an email from us at the email address you provided. With this e-mail we ask you to confirm that you have actually registered in the newsletter and would like it to be sent. Confirmation is given by clicking on a confirmation link in the email. Only after successful confirmation will we add you to our newsletter distribution list and send you emails in the future. As part of the double opt-in procedure, we save the date, time and your IP addresses both when you register and when you confirm.

If you purchase goods or services on our website and store your email address, we can subsequently use this to send a so-called regular customer newsletter. In such a case, the newsletter will only send direct mail for your own similar goods or services.

10.2 Purpose

The processing takes place in order to offer the newsletter function and to be able to send newsletter e-mails to subscribers and existing customers. The collection and storage of the date, time and IP addresses when registering for the newsletter serves to document the consent given and to protect against the misuse of e-mail addresses.

10.3 Legal basis

Processing in our subscriber newsletter is based on consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can request the declaration of consent from us at any time. Your consent is voluntary. The collection and storage of the date, time and IP addresses when registering for the newsletter is necessary to safeguard the overriding legitimate interests of the person responsible (Article 6 (1) (f) GDPR). Our legitimate interest lies in the purpose specified in Section 11.2.

The processing takes place in our existing customer newsletter on the basis of Art. 6 Para. 1 lit. f GDPR to protect the overriding interests of the person responsible. Our legitimate interest lies in direct advertising to existing customers. This is permissible within the framework of Section 7 (3) UWG that we have observed.

10.4 Storage period and revocation of consent

If you do not confirm your subscription to our newsletter within 24 hours of receiving the corresponding registration email, your data will be deleted automatically. We also process your personal data for the duration of your newsletter subscription. You can unsubscribe from our newsletter at any time by withdrawing your consent. A simple explanation is sufficient (by e-mail to datenschutz@fourartists.com) [MG2] You can also unsubscribe from the newsletter by clicking the unsubscribe link in every newsletter e-mail. If you withdraw your consent, you will no longer be sent any newsletters and your personal data will be removed from our active mailing list. We will transfer your email address to our so-called black list to enforce your revocation. This enables us to ensure that you will not receive any newsletters from us in the future and that your email address will not be misused by third parties.

10.5 Recipients and transmission to third countries

We use the services of the newsletter provider Mailchimp to manage our newsletter distribution list and to send e-mails. This is done as part of order processing. Mailchimp is an offer from The Rocket Science Group, LLC, 512 Means Street, Suite 404 Atlanta, GA 30318, USA (hereinafter referred to as „Mailchimp“). With your newsletter registration, the data provided during the registration process will be transmitted to Mailchimp and processed on Mailchimp servers in the USA. Mailchimp has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework. Further information on data protection at Mailchimp can be found in the data protection declaration of the service provider at http://mailchimp.com / legal / privacy /.

11. SOCIAL NETWORKS

11.1 Description of processing

Certain sub-pages of our website contain so-called social plugins, which are offered by the external social network Facebook. When you access a page that contains such a plugin, your browser establishes a direct connection to the servers of the social network. The content of the respective social plug-in is transmitted from the social network directly to your browser and displayed on our website. To prevent this, we use the so-called two-click solution. We have integrated the social plugins on our website so that the connection of the social plugins with the servers of the social networks is interrupted by default. If you want to communicate directly with a social network on our website via the social plugin and want to enable data exchange, you must click on the desired social plugin and activate it.

After activating a social plugin, we no longer have any influence on the amount of data that the respective social network collects. We will therefore inform you according to our level of knowledge.

By activating a social plugin, your IP address is transmitted to Facebook in connection with the address of our website. If you are logged into Facebook when visiting our website, this information will be assigned to your user account there. If you interact with an activated social plugin, e.g. „Share“ or „like“ a contribution using the social plug-in, this information is also transmitted directly to Facebook and also stored there in your user account.

The social networks with which you communicate save your data as usage profiles and also use them for advertising purposes, for market research and / or to design your website to meet your needs. You have a right to object to the creation of these user profiles, for which you must contact the social networks directly.

11.2 purpose

The processing is carried out in order to enable you to communicate conveniently with the social networks.

11.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose specified in Section 12.2.

11.4 Recipients and transmission to third countries

By activating a social plugin, your data will be transmitted to one of the following social networks.

Facebook: Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA. Further information on data protection at Facebook can be found at http://www.facebook.com/policy.php; http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications and http://www.facebook.com/about/ privacy / your-info # everyoneinfo.

Facebook also processes your personal data in the USA and has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

12. YOUTUBE VIDEOS

12.1 Description of processing

Our website uses services from „YouTube“, a video platform operated by YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA (hereinafter referred to as „YouTube“). YouTube is represented by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. We use YouTube by embedding individual videos from the platform on our website as so-called iFrame (embedding) so that they can be played directly on our website. The videos are integrated in the „extended data protection mode“ offered on YouTube, i. H. No personal data will be transferred from you to Google until you play the videos. Only when a video is played does data transfer to Google, over which we have no influence. If you play a video embedded on a subpage of our website, Google is informed which subpage you have visited and which video you have viewed. Possibly. your IP address will also be transmitted to Google. If you are logged in as a YouTube or Google user, Google will assign this information to your user account. Google stores your data as usage profiles and uses them for advertising purposes, for market research and / or for the needs-based design of the Google websites. You have a right to object to the creation of these user profiles, for which you must contact Google directly. Further information on data protection at Google can be found at http://www.google.com/intl/de-DE/policies/privacy/.

12.2 purpose

The processing takes place in order to be able to display videos on our website.

12.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose specified in section 16.2.

12.4 Recipients and transmission to third countries

By integrating YouTube, personal data may be transmitted to YouTube LLC or Google. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

13. VIMEO VIDEOS

13.1 Description of processing

Our website uses the services of „Vimeo“, a video platform operated by Vimeo LCC, 555 West 18th Street, New York, New York 10011, USA (hereinafter referred to as „Vimeo“). We use Vimeo by embedding individual videos from the platform on our website as so-called iFrame (embedding) so that they can be played directly on our website. If you visit a subpage of our website on which a video is embedded, a connection to the Vimeo servers is established and the video is displayed on our website. This will tell Vimeo which website you have visited. Possibly. your IP address will also be transferred to Vimeo. If you play an embedded video, this information is also passed on to Vimeo. If you are logged in as a Vimeo user, Vimeo will assign this data to your user account. Further information on data protection at Vimeo can be found at http://vimeo.com/privacy.

13.2 purpose

The processing takes place in order to be able to display videos on our website.

13.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose stated in section 17.2.

13.4 Recipients and transmission to third countries

Vimeo also processes data in the USA.

14. SOUNDCLOUD

14.1 Description of processing

Our website uses the services of „Soundcloud“, a platform for audio material, which is operated by SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany. In the following only audio platforms. We use the audio platforms by embedding individual audio files from the platform on our website as so-called iFrame (embedding) so that they can be played directly on our website. If you visit a sub-page of our website on which an audio file is embedded, a connection to the audio platform servers is established and the audio file is displayed on our website. This transmits which website you have visited. Possibly. your IP address will also be transmitted. When you play an embedded audio file, this information is also passed on to the respective audio platform. If you are logged in as a user, the platform will assign this data to your user account. Further information on data protection at Soundcloud can be found at https://soundcloud.com/pages/privacy.

14.2 purpose

The processing takes place in order to be able to display and play audio files on our website.

14.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose specified in Section 14.2.

14.4 Receiver

By using the Soundcloud service, personal data may be transmitted to SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany. Mixcloud also processes your personal data in the USA and has submitted to the EU-US Privacy Shield . Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

15. GOOGLE MAPS

15.1 Description of processing

Our website uses „Google Maps“, a service for displaying maps from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter referred to as „Google“). We use Google Maps by including a map with our business address on our website. The map is loaded directly from a Google server. In order for this to happen, your browser sends a request to a Google server. As a result, we may also transmit your IP address in connection with the address of our website to Google. However, Google Maps does not store cookies on your device. If you are logged in to Google when you visit our website, Google Maps assigns this information to your Google user account. Google stores your data as usage profiles and uses them for advertising purposes, for market research and / or for the needs-based design of the Google websites. You have a right to object to the creation of these user profiles, for which you must contact Google directly. Further information on data protection at Google can be found at http://www.google.com/intl/de-DE/policies/privacy/.

15.2 Purpose

The processing takes place in order to be able to show you an interactive map on our website.

15.3 Legal basis

The processing is necessary to safeguard the predominant legitimate interests of the person responsible (Art. 6 Para. 1 lit.f GDPR). Our legitimate interest lies in the purpose stated in section 21.2.

15.4 Recipients and transmission to third countries

Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

SAFETY MEASURES

16. SAFETY MEASURES

In order to protect your personal data from unauthorized access, we have provided our website with an SSL or TLS certificate. SSL stands for „Secure Sockets Layer“ and TLS for „Transport Layer Security“ and encrypts the communication of data between a website and the end device of the user. You can recognize the active SSL or TLS encryption by a small lock logo that is displayed on the far left in the address line of the browser.

YOUR RIGHTS

17. AFFECTED RIGHTS

With regard to the data processing described by our company, you have the following rights:

17.1 Information (Art. 15 GDPR)

You have the right to request confirmation from us as to whether we are processing personal data concerning you. If this is the case, you have the right to information about this personal data and the further information listed in Art. 15 GDPR under the conditions specified in Art. 15 GDPR.

17.2 correction (Art. 16 GDPR)

You have the right to request that we immediately correct any incorrect personal data relating to you and, if necessary, complete incomplete personal data.

17.3 Deletion (Art. 17 GDPR)

You have the right to ask us to delete your personal data immediately if one of the reasons listed in Art. 17 GDPR applies, e.g. B. if your data is no longer required for the purposes pursued by us.

17.4 Restriction of data processing (Art. 18 GDPR)

You have the right to request that we restrict processing if one of the conditions listed in Art. 18 GDPR is met, e.g. B. if you contest the accuracy of your personal data, the data processing will be restricted for the duration that enables us to check the accuracy of your data.

17.5 Data portability (Art. 20 GDPR)

You have the right, under the conditions set out in Art. 20 GDPR, to request that your data be given in a structured, common and machine-readable format.

17.6 Revocation of consent (Art. 7 Para. 3 GDPR)

You have the right to withdraw your consent at any time for processing based on consent. The revocation applies from the time it is asserted. In other words, it works for the future. By revoking your consent, the processing will not be retrospectively illegal.

17.7 complaint (Art. 77 GDPR)

If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority. You can exercise this right with a supervisory authority in the EU member state of your residence, your place of work or the place of the alleged violation.

17.8 Prohibition of automated decisions / profiling (Art. 22 GDPR)

Decisions that have legal consequences for you or that significantly affect you must not be based solely on automated processing of personal data – including profiling. We inform you that we do not use automated decision-making, including profiling, with regard to your personal data.

17.9 Objection (Art. 21 GDPR)

If we collect personal data from you on the basis of Art. 6 Para. 1 lit. f GDPR (to protect overriding legitimate interests), you have the right to object to this under the conditions set out in Art. 21 GDPR. However, this only applies if there are reasons that arise from your particular situation. After an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms. We also do not have to stop processing if it serves to assert, exercise or defend legal claims. In any case – regardless of a particular situation – you have the right to object to the processing of your personal data for direct marketing at any time.

Current State: Juli 2020