1. GENERAL MATTERS

The website frequency.at, including all its subdomains (hereinafter “the Website”), is operated by musicnet Entertainment GmbH, Alser Strasse 24/13, 1090 Vienna, office@barracudamusic.at as service provider, media proprietor, data controller and publisher (hereinafter called “musicnet”).

The protection and security of your personal data are an important concern to us. musicnet therefore exclusively stores and processes data pursuant to EU Directive 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).

2. PROCESSED DATA

musicnet stores and processes personal data for the following purposes:

2.1. DATA ENTERED ON THE WEBSITE BY THE USER HIMSELF

Data processing in the context of making contact:

When you contact us (e.g. by email or phone), we will process your data disclosed in the course of making contact to handle the query and as required for processing. Your data are processed for the purpose of conducting pre-contractual measures or fulfilling a contractual relationship, or are based on our legitimate interest, i.e. organising a reply to a request.

If you acquire a frequency ticket through one of our third-party providers (such as a ticket platform), such third-party providers, under certain circumstances, might forward your contact data (name, email address) to musicnet. Such processing of your contact data allows musicnet to inform you of any changes to the planned course of events or even of any necessary cancellation of the event, or to send you other relevant information related to the event. Such processing, pursuant to Article 6(1) f) GDPR, is based on the legitimate interest of musicnet in sending all important information on your planned visit to the event as directly as possible.

Data processing in the context of the customer account:

If you wish to make use of our services on the platform, you need a customer account. You will be asked to enter your data when opening a customer account. Mandatory information is marked as mandatory by an asterisk (*) or in another way. All other information is optional. Once you have given your consent to the General Terms and Conditions (GTC) and taken note of the information on data protection, your customer account can be created. We need the data that you provided in the registration process in order to support and handle customer relations. Your data are processed with regard to the mandatory fields under Article 6(1) b) GDPR for the purpose of conducting pre-contractual measures or fulfilling a contractual relationship. With regard to all other data, processing is carried out based on our legitimate interest, pursuant to Article 6(1) f) GDPR, in improving our range of services. We will store the data that you provided in the registration process for as long as is required to fulfil the contractual relationship.

Data processing in the context of a customer order:

If you acquire products or services via your customer account on the website (e.g. the Frequency Cashless data carrier and linked services), or personalise your ticket and forward your data to us in this context (name, address, account data), we will process these data for the purpose of conducting pre-contractual measures and fulfilling the contract pursuant to Article 6(1) b) GDPR and fulfilling statutory obligations in the framework of a business relationship (and for implementation thereof) under Article 6(1) c) GDPR. If transmission of your data is required for the purpose of fulfilling the contractual relationship, it shall be transferred to the following categories of recipients: chartered accountants, auditors and tax consultants, contractual and business partners

You can track all your orders in the customer account as long as your customer account is activated. Moreover, we store your personal data in relation to the sale of goods and services for seven years because we are legally obliged to store our accounts for 7 years (legal basis: Article 6(1) c) GDPR).

Data processing in the context of the newsletter

If you have actively registered for our newsletter, we will provide you with regular information via email or SMS about us and our service provision. In order to register for the musicnet newsletter service, as a minimum we will need your email address to which the newsletter is to be sent. Additional data are used to address you personally in the newsletter, or to enable feedback. You can register for our newsletter by checking a box.

If we have received your contact data in relation to the sale or provision of a service, we shall also process such data based on our legitimate interest (Article 6(1) f) GDPR) in sending you (advertising) information on our own similar products and services by post, email (including newsletters) or SMS.

You can unscubscribe from our newsletter at any time. In order to do so, you can either send us an email or cancel by means of a link provided at the end of the newsletter. Personal data will be stored and used for sending the newsletter until you unsubscribe.

musicnet uses “MailChimp” to send the newsletter, which is an email marketing platform from US provider The Rocket Science Group, LLC 675 Ponce de Leon Ave NE Suite 5000 Atlanta, GA 30308 USA. This company works on our behalf as a data processor and is only allowed to use your data to handle specific orders and is contractually obliged to observe the legal data protection regulations. The appropriate level of protection for the transfer of data in the USA results from standard contractual clauses under Article 46 GDPR.

Statistical data on the use of our newsletter are recorded for reasons of service optimisation. The subscribed for newsletter, and use of the newsletter shall be assigned to the party ordering them within the newsletter engine.

Such processing is based on your explicit consent, pursuant to Article 6(1) a) GDPR.

2.2 AUTOMATICALLY STORED DATA

Server logs

Server logs: The IP address of the requesting computer, along with the date, time, request, the requested file (name and URL), the amount of data transmitted to you, a message indicating whether the request was successful, identification data of the employed browser and operating system, as well as the website from which access was carried out (if it was accessed via a link). We store the server logs to allow for checks on system security and technically administer the website. Processing is therefore based on the legitimate interest of musicnet under Article 6(1) f) GDPR. These data – in the event of a cyber attack – will be passed onto the law enforcement authorities. No further data will be disclosed to third parties. Server logs are stored for a maximum period of 3 months.

Cookies

Cookies are small text files that the website stores on your computer in order to recognise it; this may include information about use of the website. The information contained in the cookies is used to determine whether you are logged in or which data you have already entered. Cookies are automatically accepted by most web browsers. You can avoid them by changing your browser settings. You can remove cookies stored on your PC at any time by deleting temporary internet files.

In particular, the cookies designated below will be stored beyond the respective session.

• • musicnet 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 allow an analysis of your use of the website. The information generated by the cookie about your use of the website is generally transferred to a Google server in the USA and stored there. The appropriate level of protection for transfer results from the standard contractual clauses under Article 46 GDPR. You can find further information on the standard contractual clauses and appropriate or reasonable guarantees at https://privacy.google.com/businesses/processorterms/. Google works as a data processor on our behalf, is only allowed to use the transferred data to process specific orders and is contractually obliged to observe the legal data protection regulations. musicnet uses IP anonymisation and your Google IP address is therefore abbreviated in advance within Member States of the European Union or in other signatory states to 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 abbreviated there. Google will use this information on behalf of the website operator to evaluate your use of the website, compile reports on website activities and to provide additional services to the website operator associated with use of the website and the internet. The IP address transferred by your browser within Google Analytics will not be combined with other Google data. In addition, you can prevent the recording of data generated by the cookie and relating to your use of the websites (including your anonymised IP address) at Google and processing of this data by Google by downloading and installing the browser plug-in available via the following link (http://tools.google.com/dlpage/gaoptout?hl=de)).

    Google Analytics uses the following cookies: __utma (storage period 2 years), __utmt (storage period 10 minutes), __utmb (storage period 30 minutes), __utmc (for the duration of the session), __utmz (storage period 6 months), __utmv (storage period 2 years)

    Your data are processed based on consent.

Links to other websites

The website contains links to other websites over whose content musicnet has no influence. musicnet assumes no liability for such content. The respective provider of the linked website is exclusively responsible for the content and correctness of the information provided therein. Reference is explicitly made to the corresponding Data Privacy Statements of the relevant websites in respect of personal data processed on the other websites.

3. FURTHER INFORMATION

You have the right of access to the stored data pursuant to Article 15 GDPR, the right to rectification of inaccurate data pursuant to Article 16 GDPR, to erasure of data pursuant to Article 17 GDPR, to restriction of processing of data pursuant to Article 18 GDPR, to object to unacceptable data processing pursuant to Article 21 GDPR and to data portability pursuant to Article 20 GDPR.

If processing is carried out based on a declaration of consent, you have the option of withdrawing this consent at any time, without affecting the lawfulness of processing carried out on the basis of consent until it is withdrawn.

You have the right to lodge a complaint with the supervisory authority – the competent body in Austria is the data protection authority. The address is as follows:

Austrian Data Protection Authority (Österreichische Datenschutzbehörde)
Barichgasse 40-42
1030 Vienna
Phone: +43 1 52 152-0
Email: dsb@dsb.gv.at

As part of the collection of data, musicnet declares whether the provision of personal data is legally or contractually required or is necessary in order to conclude a contract. At the same time we disclose whether you are required to provide the personal data and what the potential consequences of non-provision would be.

We do not use automated decision-making, including profiling. If personal data are processed for a purpose other than that for which the personal information was collected, we will inform you thereof and – where necessary – obtain separate consent hereto.

4. CHANGES

Our Privacy Statement may change from time to time. We will publish all changes to the Privacy Statement on this page https://www.frequency.at/privacy/.