Imprint & Privacy policy

Information on data protection pursuant to Art. 13 GDPR:

General Information
The General Data Protection Regulation (GDPR), which came into force on May 25, 2018, is a European regulation governing the processing of personal data. Its purpose is to ensure the protection of personal data within the European Union. Since the protection of your data and therefore your privacy is very important to us, we, The Open Music Project, process your personal data exclusively in accordance with the legal requirements.

Responsible Entity
The entity responsible for the processing of your personal data is The Open Music Project in 1090 Vienna, telephone: +43 670 558 388, email: info@theopenmusicproject.com

Data Protection Officer
You can reach our Data Protection Officer at info@theopenmusicproject.com

Applicable Legal Bases
In accordance with Art. 13 GDPR, we inform you of the legal bases of our data processing. If the legal basis is not stated in this privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as responding to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Security Measures
In accordance with Art. 32 GDPR and taking into account the state of the art, implementation costs, the nature, scope, circumstances and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of protection appropriate to the risk. These measures include in particular securing the confidentiality, integrity and availability of data by controlling physical access to the data as well as access to it, input, disclosure, safeguarding availability and separation of data. Furthermore, we have established procedures that ensure the exercise of data subject rights, deletion of data and response to threats to data. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures according to the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).

SSL Encryption
For security reasons and to protect the transmission of confidential content, such as inquiries that you send to us as the site operator, this site uses SSL encryption. You can recognize an encrypted connection by the fact that the browser address line changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

Types of processed data:
– Master data (e.g., names, addresses)
– Contact data (e.g., email, telephone numbers)
– Content data (e.g., text entries, photographs, videos)
– Usage data (e.g., visited websites, interest in content, access times)
– Meta/communication data (e.g., device information, IP addresses)

Purposes of processing
We process the personal data you provide for the following purposes:
a) if you make a donation to us or would like to take over a music sponsorship, we process your data for the initiation, execution and termination of the donation agreement (Art. 6 para. 1 lit. b GDPR);
b) if you subscribe to our newsletter, we process your email address to safeguard our legitimate interests in regularly informing you about our current work that serves to promote our statutory association purpose (Art. 6 para. 1 lit. f GDPR).
c) in addition, we process your data for reach measurement/marketing.
Processing beyond the purposes mentioned above, in particular the transfer of your personal data to third parties, only takes place if you have expressly consented to this and no timely objection has been made or if we are legally obliged to do so or required by a court order (Art. 6 para. 1 lit. c GDPR);

Categories of data subjects
Visitors and users of our online offering (hereinafter we also refer to the data subjects collectively as “users”).

Recipients of your data
Recipients of your data within our organization are employees who may need to process your data for the purposes mentioned above according to a tiered authorization concept.
If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this will only take place on the basis of legal permission (e.g., if a transfer of the data to third parties, such as payment service providers, is necessary for the fulfillment of a contract in accordance with Art. 6 para. 1 lit. b GDPR), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this takes place in the context of the use of services of third parties or disclosure or transfer of data to third parties, this will only take place if it is necessary to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Duration of storage and deletion of data
Your data will only be stored as long as it is necessary for the purposes mentioned above or as long as legal retention periods require us to store it.
a) If you have donated to us or taken over a music sponsorship, we delete your personal data after the contractual relationship has ended and all claims on both sides have become time-barred and there are no longer any legal retention obligations.
b) When subscribing to the newsletter, your email address will be deleted as soon as you end the newsletter subscription by unsubscribing, unless there is another legal basis for processing this personal data.

Your rights
Data protection law provides for extensive rights of data subjects, which we guarantee at every stage of data processing. You can exercise the following rights by sending us an informal written notification or by contacting our internal data protection officer directly at info@theopenmusicproject.com

a) Information, correction, deletion etc.
You have the right to information, the right to correction or deletion of your data, the right to restriction of processing and the right to data portability.

b) Right to object
If your personal data is processed on the basis of legitimate interests, you have the right to object to the processing of your personal data if there are reasons arising from your particular situation.

c) Right of withdrawal
If the processing of your personal data is based on consent, you have the right to withdraw this consent at any time. The legality of the data processing carried out until the withdrawal remains unaffected.

d) Right to lodge a complaint with a supervisory authority
In addition, you have the right to lodge a complaint with the competent data protection supervisory authority. This is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna.

Contact
When contacting us (e.g., via contact form, email, telephone or via social media), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 para. 1 lit. b) GDPR. The users’ details may be stored in a Customer Relationship Management system (“CRM system”) or a comparable inquiry organization. We delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering. In doing so, we or our hosting provider process master data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

References and links
In the case of direct or indirect references to external websites (“links”) that lie outside the area of responsibility of The Open Music Project, a liability obligation would only come into force in the event that The Open Music Project has knowledge of the content and it would be technically possible and reasonable for it to prevent use in the case of illegal content. The Open Music Project hereby expressly declares that at the time the links were created, no illegal content was recognizable on the pages to be linked. The Open Music Project has no influence on the current and future design, content or authorship of the linked pages. Therefore, we hereby expressly distance ourselves from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the company’s own internet offering as well as to external entries in guest books, discussion forums and mailing lists set up by The Open Music Project. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, only the provider of the page referred to is liable, not the person who merely refers to the respective publication via links.

Google Analytics
Based on our legitimate interests (i.e., interest in the analysis, optimization and operation of our online offering within the meaning of Art. 6 para. 1 lit. f GDPR), we use Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offering by the users is usually transferred to a Google server in the USA and stored there. Google is certified under the Privacy Shield agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on activities within this online offering and to provide us with further services associated with the use of this online offering and internet usage. Pseudonymous user profiles can be created from the processed data. We use Google Analytics only with activated IP anonymization. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offering by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. Further information on the use of data by Google, settings and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated). The personal data of users will be deleted or anonymized after 14 months.

Online presences in social media
We maintain online presences within social networks and platforms in order to communicate with interested parties and users active there and to inform them there about our offer to engage. When accessing the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.

Newsletter
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures. Content of the newsletter: We send newsletters, emails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipients or with legal permission. If the contents of the newsletter are specifically described within the scope of a newsletter registration, they are decisive for the consent of the users. Otherwise, our newsletters contain information about our services and us. Registration data: To subscribe to the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for the purpose of personal addressing in the newsletter. The sending of the newsletter and the performance measurement associated with it is based on the consent of the recipients pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG. The logging of the registration procedure is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to prove consent. Cancellation/Withdrawal – You can cancel the receipt of our newsletter at any time, i.e., revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data will be restricted to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.

Copyright and trademark law
The Open Music Project endeavors to observe the copyrights of the graphics, audio documents, video sequences and texts used in all publications, to use graphics, audio documents, video sequences and texts created by itself or to make use of license-free graphics, audio documents, video sequences and texts. All brands and trademarks mentioned within the internet offering and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention does not imply that trademarks are not protected by third-party rights. The copyright for published objects created by The Open Music Project itself remains solely with the author of the pages. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of The Open Music Project.

Google Analytics Supplement

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, your IP address will first be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide further services related to website and internet use to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, please note that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptoutYou can prevent the collection by Google Analytics by clicking on the following link. An opt-out cookie will be set that prevents the future collection of your data when visiting this website. Further information on terms of use and data protection can be found under the Google Analytics terms or under the Google Analytics overview. We point out that on this website Google Analytics has been extended by the code “gat._anonymizeIp();” in order to ensure anonymized collection of IP addresses (so-called IP masking).

reCaptcha Notice

We use the Google service reCaptcha to determine whether a human or a computer makes a specific entry in our contact or newsletter form. Google checks the following data to determine whether you are a human or a computer: IP address of the device used, the website you visit with us and on which the captcha is integrated, the date and duration of the visit, identification data of the browser and operating system type used, Google account if you are logged in to Google, mouse movements on the reCaptcha areas and tasks in which you must identify images. The legal basis for the described data processing is Art. 6 para. 1 lit. f GDPR. There is a legitimate interest on our side in this data processing to ensure the security of our website and to protect us from automated entries (attacks).

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