Privacy and Cookie Policy
This privacy and cookie policy tells you how André Vard | bionicsounds (hereinafter referred to as “André Vard”, “bionicsounds”, “Us” or “We”) processes your personal data.
We take the protection of personal data very seriously. Compliance with the legal provisions on data protection is a matter of course for us. In addition, we feel obliged to protect and respect your privacy to the best of our ability. We will therefore inform you below about how and to what extent we use and process personal data from our users. Please read the text carefully to understand our position and our handling of your personal data and the handling of it.
If you have any further questions, you can contact us using the contact details provided on this website.
Our websites and apps (the websites and apps together, “Website”) are primarily informational sites and apps. We hardly process any personal data on the website. We only need your personal data in a few places in order to be able to offer you certain services, e.g. the newsletter. However, you can also use the website without disclosing any personal data to us or leaving it in any other way, especially if you deactivate cookies (you can deactivate cookies on your computer in your browser settings).
How do we protect minors on the website?
Special note for minors under the age of 16:
If you are under the age of 16 and would like to order a newsletter, you must provide your parents’ email address so that we can obtain their consent to register for the newsletter. We also reserve the right to make the use of other internet offers on the website dependent on a higher minimum age.
Special note for parents!
André Vard advises all parents and guardians to instruct their children in the safe and responsible handling of personal data on the Internet and, if necessary, to use child protection software that ensures child-friendly Internet use. Such software can also prevent children from disclosing their name, address or other personal information without parental permission. Children under the age of 16 may not submit any personal data to the André Vard website without the consent of their parents or guardian. André Vard pledges not to knowingly collect, use in any way, or unauthorized disclose to third parties personal information from children under the age of 16.
1. How we collect and process Personal Data
“Personal data” or “data” is any information that relates to a person’s personal or factual circumstances and makes it possible to identify them. These are, for example, your name, your e-mail address, your IP address, but also, for example, the content of a message that you send us.
We process your Personal Data for the purposes set out below:
(a) Visiting our website
You can surf the website and view all areas without us collecting any personal data from you if you have objected to the use of cookies.
In addition, we process the weblogs of our web server with information on the use of the website, the operation of the website and to ensure IT security. We process this data on the basis of Art. 6 (1) GDPR because we have an interest in making the website available in a functional and secure manner and this also corresponds to your interests in being able to use the site optimally, so that your interests of processing.
We delete your usage data immediately after usage and when they are no longer required for IT security purposes. In addition, we only store your usage data to meet any statutory retention periods.
(b) Newsletter
With the following information we inform you about the contents of our newsletter as well as the registration, delivering and statistical evaluation procedures as well as your rights to object. By subscribing to our newsletter, you agree to its receipt and the procedures described.
Content of the newsletter: We only send newsletters, emails and other electronic notifications with promotional information (hereinafter “newsletter”) with the consent of the recipient or legal permission. If the contents are specifically described when registering for the newsletter, they are decisive for the user’s consent. Our newsletters also contain information about our services and us.
Double opt-in and logging: Registration for our newsletter takes place using a so-called double opt-in procedure. This means that after registering you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with someone else’s email address. Registrations for the newsletter are logged in order to be able to provide evidence of the registration process in accordance with legal requirements. This includes storing the registration and confirmation times as well as the IP address. Changes to your data stored by the delivering service provider are also logged.
Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name so that you can be addressed personally in the newsletter.
The newsletter is sent and the associated measurement of success is based on the consent of the recipient in accordance with Article 6 Paragraph 1 Letter a, Article 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG or on the basis of legal permission in accordance with Section 7 Paragraph 3 UWG.
The registration process is logged on the basis of our legitimate interests in accordance with Article 6 Paragraph 1 Letter f of the GDPR. Our interest is in using a user-friendly and secure newsletter system that serves our business interests, meets the expectations of users and also allows us to provide evidence of consent.
Cancellation/revocation – You can cancel your receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to unsubscribe from the newsletter at the end of each newsletter. We can store the unsubscribed email addresses for up to three years based on our legitimate interests or in accordance with legal retention requirements before we delete them for the purpose of sending newsletters in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.
Newsletter – delivering service provider
The newsletter is sent using the delivering service provider MailPoet – a product of Wysija SARL, 6 rue Dieudé, 13006, Marseille, FRANCE. You can view the data protection regulations of the delivering service provider here: https://www.mailpoet.com/privacy-notice/. The delivering service provider is used on the basis of our legitimate interests in accordance with Article 6 Paragraph 1 Letter f of the GDPR and an order processing contract in accordance with Article 28 Paragraph 3 Sentence 1 of the GDPR.
The delivering service provider MailPoet can use the recipients’ data in pseudonymous form, i.e. without assigning it to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the delivering service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Newsletter – measuring success
The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server, or if we use a delivering service provider, from their server when the newsletter is opened. As part of this retrieval, technical information is initially collected, such as information about the browser and your system, as well as your IP address and the time of retrieval.
This information is used to technically improve the services based on the technical data or the target groups and their reading behavior based on their access locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients*. However, it is neither our intention nor, if used, that of the delivering service provider to monitor individual users*. The evaluations serve us exclusively to determine whether it is actually worthwhile for us to offer a newsletter.
(c) When making contact
If you contact us, e.g. by e-mail, we process the data you provide (e.g. name, contact details and content of the request) in order to process your request.
We process the data we receive from you on the basis of Art. 6 (1) lit. f GDPR, since we would like to answer your inquiry for you and this also corresponds to your interests in receiving an answer, so that your interests do not conflict with the processing .
We only store the data received to contact you until we have finally answered your request. In addition, we only store this data to fulfill any statutory retention requirements.
(d) At demos
We process the personal data that you send us with demos (e.g. name, address, contact details, pictures, recordings, time of submission, etc.) in order to assess the suitability of your demo work and, if necessary, to contact you in this regard.
We process the data received from you on the basis of Art. 6 (1) lit. b GDPR, as we have to check the data for a possible contractual relationship between André Vard and you. We store the personal data received as part of the demos for a maximum of 3 months and delete them if we see no prospect of cooperation. We will only store your data beyond the specified period until you object if you expressly tell us that we should store your data for possible future cooperation until you object. If we strive for cooperation, the data required for this will be stored by us for the period of the contractual relationship. In any case, we only store this data in both cases to fulfill any statutory retention requirements.
For more information on demos, visit the website: https://bionicsounds.com/en/demos.
(e) App-specific data processing
In our apps, we also process your data that is necessary for the provision of the app services. Uploading a profile picture is voluntary in order to personalize the respective app account.
We process the necessary data received from you on the basis of Art. 6 (1) lit. b GDPR, as we need the data to provide age-appropriate content. We process further voluntary information on the basis of your consent (Art. 6 (1) lit. a GDPR), which you give us by entering this data. You can revoke this consent at any time for the future.
We only store the data for as long as you use our app services. If you delete the app from your device, we will delete your data collected for using the app. To use our apps, it is sometimes necessary to log into the apps with your own account from a third-party provider. If the services are provided by the third party (e.g. searching for titles), you will find further information in the data protection declaration of the respective third party.
(f) Participation in sweepstakes, prize draws, etc. actions
In order to carry out campaigns such as sweepstakes and prize draws, it is regularly necessary to provide personal data such as name, date of birth, address and/or e-mail address and/or telephone number. We process this data to enable you to participate in the promotion and to contact you if you win.
We process the data received from you on the basis of Article 6 (1) lit. b GDPR in order to fulfill our obligations with regard to conducting the competition.
We store the data for as long as is necessary to carry out the campaign, i.e. all winners have been finally determined and notified. In addition, we only store this data to fulfill any statutory retention requirements.
Please see the specific terms and conditions for each promotion for more information.
(h) Use of cookies or other tracking technologies
We do not use any technologies on our website with the help of which we receive specific information about the use of the André Vard | bionicsounds. If cookies are used here, then only for the purpose of loading the website faster on your next visit. In this regard, we use our own and third-party cookies. Please note that we have no control over third-party cookies.
What is a cookie?
Cookies are small text files that are stored on your PC’s hard drive when you visit websites. Each time you visit this site, the cookies are sent back or transferred to a third party site that recognizes those cookies. Cookies are useful because they allow a website to recognize a visitor’s device. You can prevent the receipt of cookies by making appropriate changes in the settings of your browser. However, we draw your attention to the fact that parts of our site may no longer function properly if the settings are changed. But only if you send us an e-mail via our form on the website do we save your IP address, among other things. We don’t collect statistics. We are not interested in your browser version, how often you visit our pages or which pages exactly. We don’t care about your preferences.
We use the following different types of cookies on our website:
• Type 1: Strictly necessary cookies
These cookies are necessary in order to move around our website and to be able to use its functions in full, especially secure areas. Without these cookies, we would not be able to provide you with functions that are useful to you. These cookies are not used for advertising purposes, nor to create a visitor or usage profile. We process the data obtained through these cookies on the basis of Art. 6 (1) lit. f GDPR, as we have an interest in making the website available in a functional and secure manner and this is also in your interest in being able to use the site optimally , so that your interests do not conflict with the processing.
• Type 2: Performance Cookies
These cookies collect data about how visitors use the website, e.g. which sub-pages they visit frequently or if they receive error messages. This data does not allow you to be identified as a visitor because it is aggregated and therefore anonymous. They are only used to improve the way the website works. We only use these cookies with your consent (Art. 6 (1) lit. a GDPR), which you declare via the cookie banner on the website.
• Type 3: Functionality Cookies
These cookies remember/remember choices you make, such as the country or region you are visiting our site from or the language you choose to use. This allows us to tailor our site to your needs and make your visit as pleasant as possible. The data collected by this type of cookie is generally anonymous and does not allow any conclusions to be drawn about your activities on other websites. We process the data obtained through these cookies (unless they are anonymized) on the basis of Art. 6 (1) lit. f GDPR, as we have an interest in making the website available to you in the best possible way and also in your interests to be able to use the site in the best possible way, so that your interests do not conflict with the processing. If your consent is required for certain performance cookies, the processing takes place on this basis in accordance with Art. 6 (1) lit. a GDPR. Cookies will not be set if you have not previously consented. You can also revoke your consent at any time, after which we will delete the corresponding cookie data.
• Type 4: Targeting Cookies or Advertising Cookies
This type of cookie collects information about your browsing habits in order to provide you with more interesting and relevant advertising. This also helps avoid showing you the same ad too many times. It also improves the effectiveness of advertising campaigns. Such cookies are usually implemented with the permission of the website operator by third party advertising networks. The information about which pages you have visited is passed on to third parties, such as advertisers. This type of third-party cookie is often necessary to enable website functions provided by such third parties. We do not collect or process any of your data through these cookies. We do not show you any personalized content. We do not use targeted targeting/advertising cookies.
• Type 5: Vimeo video embed
Some of the videos on our website are embedded from the Vimeo platform (Vimeo LLC, White Plains/USA belonging to InterActiveCorp, based in New York, USA). This means the video will play directly on Vimeo.com but will be displayed on our site. Vimeo uses cookies to transmit your data to Vimeo when you are logged in to Vimeo on your PC. This is necessary to allow you to save the videos to your “Watch later” playlist for viewing at a later time. You can prevent such data transmission by logging out of Vimeo beforehand. We collect and process your data through these cookies on the basis of your consent (Art. 6 (1) lit. a GDPR) in order to display personalized content to you and to improve your experience on our website. For more information on how Vimeo processes your data, see Vimeo’s privacy policy at https://vimeo.com/privacy
Use of Google Analytics
We do not use Google Analytics.
Use of Twitter plugins
So-called social plugins (“plugins”) from the microblogging service Twitter are (currently still) used on our website. This service is offered by the company Twitter Inc. (“Provider”).
Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). You can find an overview of the Twitter buttons and their appearance here: https://about.twitter.com/en_us/company/brand-resources.html
If you access a page on our website that contains such a plugin, your browser establishes a direct connection to the Twitter servers. The content of the plugin is transmitted directly to your browser by the respective provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has accessed the corresponding page of our website, even if you do not have a profile or are not currently logged in. This information (including your IP address) is transmitted directly from your browser to a server of the respective provider in the USA and stored there. If you are logged in to one of the services, the providers can directly assign your visit to our website to your profile on Twitter. If you interact with the plugins, for example by pressing the “Tweet” button, the corresponding information is also transmitted directly to a server of the provider and stored there. The information is also published on your Twitter account and displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by the providers as well as your rights in this regard and setting options for the protection of your privacy can be found in the data protection information of the providers.
Data protection notices from Twitter:
https://twitter.com/privacy
If you do not want Twitter to directly assign the data collected via our website to your profile in the relevant service, you must log out of the relevant service before visiting our website. You can also completely prevent the plugins from loading with add-ons for your browser, e.g. B. with the script blocker “NoScript” (http://noscript.net/).
Details on cookies that require consent
As shown, we require your consent to place some cookies on your device. Our website will automatically ask you for your consent before setting cookies that require your consent. If you do not want to receive any cookies, including cookies that do not require your consent, you can change your browser settings so that you are notified when you receive cookies, or you can refuse to receive any cookies.
You can revoke your consent to our use of cookies at any time.
If you want to restrict or block cookies that have been set on your device, you can
• achieve this by changing your browser settings (check your browser’s help function for an explanation), or
• Delete already received cookies via the browser settings at any time or
• Set your choices about the use of certain cookies via http://www.youronlinechoices.com/uk/your-ad-choices.
Please note that if you choose such restrictive settings, certain areas, content or functions of our website may not be accessible.
2. Security notice for the transmission of your data via the Internet
Unfortunately, data transmission over the Internet is never completely secure. Such transmissions are therefore made at your own risk. However, once we have received your data, we take strict security precautions and follow strict procedures to prevent unauthorized access. Despite our high data security requirements, we cannot guarantee that access by third parties will be completely ruled out, given that there is no such thing as perfect or unassailable protection. If we have given you (or if you have chosen) a password for certain uses of our site, you are responsible for keeping this password confidential. Keep the password private and do not share it with anyone.
3. Which service providers do we use that have access to your data?
We use IT service providers to process your data. Some service providers may be located in the United States or another country outside the European Economic Area (“EEA”) and process your data there, for example if a service provider’s servers are located outside the European Economic Area. Where such locations are countries which do not have comparable data protection laws to those to which we are bound, for example the United States, we will ensure that your data is only transferred out of the EEA lawfully, such as that such a non-EEA resident service provider’ is registered under the ‘Privacy Shield’ and that your information will only be used in accordance with this Privacy Policy.
4. Which third parties we share your data with
We pass on your personal data to the following parties if and to the extent that this is necessary for the fulfillment of the purpose:
Other Third Parties
When you subscribe to the newsletter, we pass on the data you voluntarily submitted to a company that automatically registers the subscription to the newsletter and then cancels it again by deleting your name and e-mail address.
Further data will not be passed on.
Special circumstances
We have the right to disclose personally identifiable information in certain instances when we have reason to believe that disclosure of that information is necessary to identify an individual, to contact, and to take legal action against the party causing damage or disruption (whether intentionally or negligently ) committed against rights or property. We will also disclose personal information when we believe the law requires us to do so. If and to the extent necessary, we will inform you of this separately.
Other websites
Our website may contain links to other sites not controlled by us which are not covered by this privacy statement. If you access other sites via the links provided, the operators of these sites may collect and process data about you that differs from our way of data processing.
5. Your rights in relation to your personal data
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights towards André Vard | bionicsounds to:
(a) Right of providing information
You can request confirmation from us as to whether personal data relating to you is being processed by us. You also have the right to receive information from us about which of your data we process and for what purposes.
(b) Right to Rectification
You have the right to have us correct and/or complete if the processed personal data concerning you is incorrect or incomplete.
(c) Right to restriction of processing
Under the legal requirements, you have the right to demand the restriction of the processing of your personal data.
(d) Right to Erasure
Under the legal requirements, you can demand that the personal data concerning you be deleted immediately.
(e) Right to information
Do you have the right to rectification, erasure or restriction of processing towards André Vard | bionicsounds asserted, we are obliged to inform all recipients to whom the personal data concerning you has been disclosed of this correction or deletion of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
(f) Right to data portability
You have the right to receive the personal data that you have provided to us in a structured, common and machine-readable format.
(g) Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 Paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions.
(h) Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.
In every e-mail addressed to you, you will find information on how to unsubscribe from the mailing list. If you no longer wish to receive communications, you can also send us an e-mail. We will comply with your request to delete your personal data from the distribution list and to no longer send you e-mails in the future as quickly as possible.
(i) Automated individual decision-making including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
(j) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates violates the GDPR.
(k) More information about your rights
You can find more information about your rights in relation to your personal data, for example, from the European Commission at https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_de.
6. Data protection officer and contact for inquiries
For all questions related to data protection, please contact André Vard | bionicsounds using the contact options specified on this website.
Changes to the Privacy Policy
Andre Vard | bionicsounds reserves the right to change this data protection declaration at any time in compliance with the applicable data protection regulations. We will inform you about such changes in advance. This privacy policy was last changed on January 31th, 2023.
