Privacy Policy

for the Soundsuit® website and app,
as of November 2014

The protection of your privacy and your personal data are important concerns to which we pay special attention. We strictly comply with the data protection laws of Germany, including the German Data Protection Act, the Telemedia Act and the data protection rules of the European Union.

The following declaration provides you with information as to how we ensure the protection of personal data and which kind of data will be collected for what purpose.

Spherz GmbH, Kirchenstrasse 72, 81675 Munich, registered at the Bavaria district court of Munich under HRB 209690 (hereinafter referred to as „Spherz“) is the responsible body in the meaning of the data protection law.

Personal data shall mean any information concerning the personal or material circumstances of an identified or identifiable natural person (“data subject”). You may visit our website without providing individual details about you.

The use of the Soundsuit app requires registration and the provision of personal data in accordance with the following provisions. You may revoke your consent to the use of personal data for the future at any time by providing respective notice to Spherz at the address specified in Section 18.

The use of the Soundsuit app requires the registration of the user with Spherz. During the registration process you will be requested to enter personal data including your personal name (as business owner or manager), name of business, business address, email address and a password chosen by you. Spherz will use such data, subject to these provisions and only for the purpose of rendering the services requested by you.

The payment of the subscription to use the Soundsuit App requires additional information about your credit card, your bank account or details of other methods you choose to make payment. Any information about your payment method is only authorized to be used for billing purposes of the service.

The Soundsuit app provides a tailored in-store music experience. In order to provide your business such personalized soundtrack, it is necessary to consider your user experience as business owner/manager.

You herewith agree that Spherz will collect the following personal usage data in order to create a user profile and to offer you a personalized Soundsuit music experience:

- which audio content was listened
- which audio content was skipped
- which audio content was “loved”
- duration of play
- when playlist was “mooded-up”
- when playlist was “mooded-down”

Spherz will use such data in order to provide a personalized in-store music experience that corresponds to your preferences to a reasonable extent.

You acknowledge that you may revoke your consent to the use of the aforesaid data for the future by providing notice to the address as mentioned in Section 16. If you revoke such consent, Spherz will be unable to provide the Soundsuit app.

Spherz may provide you through the Soundsuit app with content which is tailored for your location. This relates to musical content like songs in your local language, or artists valued in your local market. Spherz will ask you for a separate consent to use location data which consent can be provided by different means (click through and/or activation of the respective feature on your mobile device like tablet).

If you provide such consent you agree that Spherz will collect data about the location of your device through which the Soundsuit app is used in order to provide you with musical content tailored for the location of the device.

You acknowledge that you may revoke your consent to the use of the aforesaid data for the future by providing notice to the address as mentioned in Section 18. If you revoke such consent, Spherz will be unable to provide the Soundsuit service.

You herewith agree that Spherz will send you electronic messages. Such messages will contain information and reports for users of the Soundsuit service. You acknowledge that for this purpose Spherz will use your email address provided by you during the registration process.

Please note that Spherz will use the email address for advertising purposes only as far as it is permitted by law or you agreed to such use separately.

If you provide such consent you agree that Spherz will use your email address in order to provide you with marketing information.

You acknowledge that if you do not want to receive such marketing information any longer you may revoke your consent to the receipt of such information at any time for the future by providing notice to the address as mentioned in Section 18 or activate the respective link within a newsletter email.

Spherz will transfer your personal data only to the extent permitted by law and in accordance with the following provisions.

If you subscribe to use the Soundsuit App, you have to provide payment information. As far as you subscribe within the app, that you acquired via an app store (e.g. iTunes App Store or Google Play) your data will be collected and processed in accordance with the terms and conditions of the respective app store. As far as you subscribe with Spherz directly the payment data will be collected and processed by the payment provider on Spherz's behalf in accordance with the legal requirements.

In the event of a merger, acquisition or sale of all or a portion of the shares in or the assets of Spherz it is likely that the user data will be a part of the assets. If in such case personal data will be collected, used or disclosed Spherz will inform all users about it in advance.

For the rest Spherz will only transfer personal data to third parties as far as Spherz is obliged to do so according to a governmental or juridical order or if the transfer is permitted by applicable law.

Some of our services use cookies in order to provide you with a comfortable and functionally online service. Cookies are small files which contain information to identify recurring users only for the time of visiting our website. Cookies will be stored on your end device and will not cause any damages. Cookies facilitate the transmission of content, help to identify popular sections of our online service and with cookies it might not be necessary to enter your data again. By using cookies we are able to provide the contents of our services adjusted to your needs. In particular your usage data will be gathered and transferred to Spherz via Cookies in order to provide the Soundsuit app.

In addition Spherz uses non-permanent Cookies (so called “Session Cookies”) in order to identify your Browser when using the Website. Such Session Cookies contain a pseudonymous ID which will be read by the web-server; during the session the settings of the ID are stored on the web-server. After the session the Session Cookies will be erased automatically.

You can deactivate the use of cookies at any time by setting your browser to not accept cookies. You can delete cookies stored on your end device at any time. The exact instructions for how to do this can be found in the manual for your browser or end device. If you choose not to accept cookies it may result in a reduced availability of the services.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States and/or in Europe. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google's collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting Soundsuit website.

Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).

Our website uses social plugins (“plugins”) provided by the social network facebook.com, operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA (“Facebook”).

The plugins are identifiable by a Facebook logo (white letter f on blue background or a thumb up icon) or the notice “Like”. When you visit a page of our website that contains the plugin, your browser establishes a direct connection to Facebook. The embedded plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it. Even if you are not logged into Facebook, there is possibility that the plugins transmits your IP-address to Facebook.

For information on the purpose and scope of data collection, processing and use by Facebook, as well as your rights in this respect and settings options for protecting your privacy please visit Facebook's privacy policy: http://www.facebook.com/policy.php.

Our website contains programs (plug-ins) operated by the social network “Google+”. These programs are exclusively operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The plug-in is identifiable on our website by the use of the Google+ logo or the notice “+1”. When visiting our website or profile containing such a plug-in, your browser will establish a direct link with the servers operated by Google+; as a result the content of the plug-in will be transferred to your browser and embedded in the website being shown.

The fact that you have visited our website will be passed on to Google. In the case that you visit our website whilst you are signed into your Google+ user account, Google+ can assign your visit of our website to your user account. Information arising from interaction with the Google+ plug-ins (such as by clicking the “+1” button or by leaving a comment) will be directly transferred to and stored by Google+. To prevent this you must log out of your Google+ account before visiting our website.

Please refer to Google+'s privacy policy for more information:
http://www.google.com/intl/en/policies/privacy/

For information on the purpose and scope of data collection, processing and use by Google, as well as your rights in this respect and settings options for protecting your privacy please visit Google's privacy policy: http://www.google.com/intl/en/policies/privacy/

Our website contains plugins operated by Twitter Inc., Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using of the Twitter service and the function “re-tweet” the websites visited by you will be connected with your Twitter-Account and disclosed to other users. In this case data will be transferred to Twitter.

Please refer to Twitter's privacy policy for more information on: http://twitter.com/privacy. You may change you privacy settings at Twitter within your Twitter-Account at http://twitter.com/account/settings.

Spherz uses software called TestFlight operated by Burstly, Inc. that provides anonymous data,but no personal data, about user interactions with the Soundsuit App to Burstly, who will use such information to provide Spherz with information and analytics related to such user interactions. Spherz will not associate any data gathered through use of TestFlight with any personally identifiable user information from any source, nor will Spherz provide Burstly with any information that personally identifies the user.

We are committed to maintaining reasonable and responsible security of your personal data. To avoid any unauthorized access or disclosure, to ensure the correctness and the authorized use of your data we implemented technical and organizational security measures to protect the data we are asking for. Notwithstanding the foregoing no electronic communication is absolutely safe.

We use Secure Sockets Layer (SSL) encryption at any time, i.e. on all pages and within the App.

On request, Spherz will inform you in writing as soon as possible and in accordance with applicable law whether and what personal data relating to you has been stored by us. In addition you are entitled to correction, blocking and deletion of data unless a legal retention period applies. If you request a blocking or deletion of your usage data, Spherz will not be able to provide you with the Soundsuit app.

In addition you may revoke your consent specified in Section 6 to 8, above. Please note that if you revoke this consent you will be unable to use the Soundsuit app.

You may exercise these rights by providing written notice to the below mentioned postal address or by email to: support@soundsuit.fm.

In addition you may change your data within your user account.

If you access the Soundsuit app via an App Store (e.g. iTunes App Store or Google Play), you may stop all collection of information about you and your use of the Soundsuit service by the App by uninstalling the App from your device.

If you have any questions about the Declaration of Data Protection please contact us via support@soundsuit.fm or via mail to:

Spherz GmbH
Kirchenstrasse 72
81675 Munich
Germany