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The sensitive and responsible handling of personal data of all
users is a matter of utmost importance for Overtone Music Network.
All privacy and information protection laws and regulations are
being closely followed by Overtone Music Network. These regulations
include especially the data protection legal mandate of the
Telemedia-law (TMG), the Federal Data Protection Law (BDSG), the
data protection legal mandate of the telecommunications law (§§ 85
ff. TKG) and the legal regulations on EU-level. The following data
protection declaration includes information about how the security
and privacy of all personal data with Overtone Music Network is
being provided in accordance with the current legal mandates.
1. Personal Data
1.1 necessary information during sign-up
Overtone Music Network is a social network. Like any network
between people, Overtone Music Network is also based on the
principle that its users share with other users information about
themselves within certain limits, which is true and accurate. Only
in this way can a network like Overtone Music Network function
sensibly. Therefore are all users asked upon registration to
provide the following minimum of information about themselves:
Username e-mail address password and password confirmation
ZIP/Postal Code Home Town (not the complete address) Of these, only
the following will be made available to other users: First and last
name Gender All remaining data, i.e. the e-mail address and the
password, are being exclusively used for administrative purposes by
Overtone Music Network. The password of course stays confidential
and encrypted.
1.2 voluntary admissions
Beyond the aforementioned exist numerous possibilites to publish
within the various departments on Overtone Music Network further
information about oneself (e.g. hobbies, interests, etc.). These
admissions are not required, but are useful to make contact with
other users. Every user decides independently and using their own
judgement which pieces of information about themselves they wish to
make publicly available and which they do not.
1.3 "Sphere of Personal Privacy"
By utilizing the settings in the category "Sphere of Personal
Privacy" the possibility exists to make certain information
available only to certain groups of users.
2. Assigned purpose
2.1 The elicitation, archiving, processing and use
of aforementioned personal data by Overtone Music Network occurs
according to the legal guidelines (especially §§ 12 ff. TMG und §§
28, 29 ff. BDSG).
2.2 Overtone Music Network uses the elicited data
for the following purposes, while not all of data may actually be
used for all purposes: * The information entered by the user upon
registration is merely used by Overtone Music Network to establish
and maintain a membership relationship. * The data provided while
using Overtone Music Network is being used by Overtone Music
Network to enable Overtone Music Network to provide its services. I
agree that Overtone Music Network will send me notifications and
messages to the upon registration provided e-mail address. In case
I do no longer wish to receive e-mails or messages over the
internal messaging services, I may revoke the right to use my
information for these purposes at any time. This request may be
submitted to the appropriate contacts listed within the impressum
via e-mail, fax or mail.
3. No third-party access to data
Overtone Music Network does not share user-related or personal
information with third parties, unless the user has given prior
express permission or there exists a legal obligation to share such
information. If the user has given permission to share information,
the permission may be revoked at any time via e-mail, fax or
mail.
4. Cookies
Cookies are small text files which are either stored temporarily
within the computer's memory or are written to its hard disk for
("session cookie" or "permanent cookie"). Session Cookies are not
saved to the user's hard disk, but expire when the browser is
closed automatically. By setting cookies, users are assigned
anonymous user IDs, but no programs are ever executed on the user's
computer or viruses ever transmitted.
Overtone Music Network uses cookies to authenticate users'
identities during login. The use of cookies serves the purpose of
facilitating smooth operation of and improving of the services
offered on Overtone Music Network.
Every user has free choice whether to always accept cookies, be
prompted each time a cookie is being set or to disallow all cookies
by using their own browser's settings. Overtone Music Network would
like to point out that accepting an offer from Overtone Music
Network becomes impossible when cookies are disallowed.
I agree that Overtone Music Network may set cookies for the purpose
of eliciting, processing and use of user information. Through the
use of cookies login may be facilitated, a personalized greeting
may be implemented or applications that are a good fit for me may
be made available.
5. Server Log Files
Each time a page is requested by a user, this user's browser
transmits access information that is automatically stored in
so-called server log files by Overtone Music Network. This data
(e.g. IP addresses), Overtone Music Network can not easily assign
to specific users. A cross-reference of these data and other data
sources, especially the personal user information database, is not
being undertaken.
Overtone Music Network keeps so-called backups for security against
data-loss which are being over-written about every 4 weeks and
thusly permanently deleted. If these backups contain server log
files then they will also be deleted. In case of a complete
deletion of a user's profile, also the server log files will be
deleted. The server log files contain the following information:
IP-address, by which the computer (not the user) may be identified;
remote host (name and IP-address of the computer requesting the
page); time of day; status; amount of transferred data; internet
page from which the user is referred to the requested page; product
and version information of the browser (user agent). Overtone Music
Network utilises the standardized "combined" log file format of the
Apache web server. Overtone Music Network reserves the right to
check the log files after the fact against last known IP addresses
of such Overtone Music Network members, who are under suspision of
using the pages and/or services of Overtone Music Network in a
manner that violates the user agreement or the law, if there is
concrete evidence that such transgressions have indeed taken place.
This measure is intended for the protection of Overtone Music
Network members, the security of members' personal information as
well as the content and services provided by Overtone Music
Network.
I agree that the data which is automatically elicited by each
access to the network will be retained in server log files for a
maximum of 6 months.
6. Data security (firewall, antivirus technology,
etc.)
The perpetually self-updating firewalls and other security measures
of Overtone Music Network are intended to protect the user as much
as possible from attacks by viruses and unauthorized access by
others to accounts and personal information. Overtone Music Network
obligates itself to maintain an appropriate level of security and
to ensure that such measures are up to date with the current state
of technological development. At the same time, the user should be
aware that due to the nature of constantly changing viruses and
other harmful software intended to attack unsecured systems and
internet services, security can obviously not be 100% guaranteed.
Overtone Music Network is not responsible for protection against
viruses outside of the network. Overtone Music Network can also not
be held responsible for damage or loss of data through unknown
viruses or other attacks. Overtone Music Network will prosecute any
person perpetrating such attacks against the network to the full
extent of the laws applicable.
7. Information
Every user has the right, without cost to the user, to receive
information regarding the personal data Overtone Music Network
retains about them. The inquiry is to be directed at Overtone Music
Network in writing and we request that it is accompanied by a
notarized copy of the user's valid picture identification. The
requested information will be mailed to the address contained on
the picture ID.
8. Correction, deletion and blocking
8.1 So long as the user modifies or corrects his
or her own information and thusly deletes or overwrites old
information, this old data is thereby automatically completely
deleted. A separate request for deletion or correction of data is
not required.
8.2 Nevertheless, each user has the right to
demand correction of inaccurate data pertaining to his or her
person that are being retained by Overtone Music Network. The
easiest way to do this however, is for the user to edit his or her
own information.
8.3 So long as the user deletes their account
information and profile permanently and ends his or her membership
with Overtone Music Network, all previously retained data will be
automatically permanently deleted as well. No request to do so is
required.
8.4 Nevertheless, each user has the right to
demand correction of all data pertaining to his or her person that
are being retained by Overtone Music Network. The easiest way to do
this however, is for the user to delete his or her own
information.
8.5 If the user demands correction, alteration or
deletion of his or her personal data, a request may be sent via
e-mail, fax or letter mail. For speedy and accurate completion of
the request, the following information must be included:
- name, first name
- e-mail address
- password
- mailing address
Identification by means of photocopy of valid passport or othe
picture ID.
8.6 Overtone Music Network wishes to point out
that even deleted data may appear still available for a period of
24 hours due to caching systems and interchanges and proxy servers
and may still be accessed that way. Image files may be available
for a longer period than that.
9. Implementation and maintaining of this
declaration
Overtone Music Network obligates itself to maintain all clauses
contained herein and to endeavor to update and improve the methods
employed to implement these protective measures in the interest of
the user of Overtone Music Network.
Overtone Music Network values the trust of its users. Therefore we
would like to remain available to its users regarding inquiries
into data retention, protection and privacy of information. In the
case of there still being questions which are not addressed by this
declaration or to obtain more in-depth information about a specific
subject, please contact the appropriate addressee contained within
the impressum.
10. Alteration of the data protection
declaration
10.1 Overtone Music Network is now and will in the
future endeavor to improve its offers. Changes to these offers may
in isolated cases also warrant alterations to this declaration.
Possible changes to the laws and/or regulations pertaining to the
content of this declaration may also prompt alteration to the
declaration. The most up-to-date version of the data protection
declaration and other information can be viewed at any time on the
Overtone Music Network home page.
10.2 Should Overtone Music Network become aware of
loopholes within this declaration after the fact or should changes
to the offers by Overtone Music Network warrant a change to the
declaration, Overtone Music Network reserves the right to amend the
declaration at any time. Overtone Music Network will inform all
users of any and all changes to these regulations via e-mail to the
e-mail address provided by each user during registration.
11. Information regarding google analytics
This web site utilizes google analytics for statistical purposes.
Google analytics is a web analysis service by google inc. which
uses cookies that enable analysis of web site use. The information
elicited by the cookies regarding the user's use of this web site
(including the user's IP address) is being transferred to one of
google's servers in the USA and retained there. Google then uses
this information to evaluate the use of this web site in order to
compile web site activity reports for the providers of Overtone
Music Network's services so that they may change, amend or improve
the services they provide to their users. Google occasionally
shares this information with third parties, so long as these
parties are acting as agents of google inc. or where google is
legally obligated to share such data. Google will in no way
cross-reference your IP address with any other data of google's.
The user may prohibit the use of such cookies by way of the user's
browser controls, but should be aware that such limitations may
prohibit the user in turn to take full advantage of all functions
of this web site. By using this web site, the user accepts these
practices and agrees to the aforementioned use by google of
anonymous user statistical data.
Copyright and Trademarks
The operator of Overtone Music Network strives to obey all
copyright and trademark laws in all aspects of publishing images,
graphics, audio, video and text documents. Members are free to use
and publicize self-created images, graphics, audio, video and texts
in this community. Members are themselves responsible for their
content and should a case of copyright or trademark infringement
arise, we will check the files in question immediately and will
remove the content without special notification to the user. The
member may be excluded from the online community of Overtone Music
Network if such infringements warrant such action.
All within these internet services named and perhaps by third
parties protected brands and trademarks fall under jurisdiction of
the appropriate copyright laws and the ownership regulations of
their respective owners. The mere mention thereof does not preclude
the possibility that trademarks are protected under rights of third
parties. Information and other content (text, graphics, etc.) are
not allowed to be copied, reproduced or otherwise used for any
purpose, neither in whole or in parts, without the prior consent of
the members or operators of the Overtone Music Network.
Information Protection
Overtone Music Network retains and uses information about the
interaction of users of this web site for statistical purposes. So
long as the possibility exists within this internet service to
enter personal or business data (e-mail addresses, names, mailing
addresses), then the publication of these data occurs only at the
voluntary discretion of the user. The utilization of and
compensation for any offered services is - so long as it is
technically possible and reasonable - possible without input of
such personal data or using pseudonyms or anonymous data instead.
Bots und Advertisements (Spam)
The use of this service with automated systems (robots, macros,
etc.) or the exploitation of offered services (forum, blog, mail,
etc.) for the purpose of commercial advertising or spamming is
strictly prohibited and will lead to the automatic blocking of from
the community of the Overtone Music Network. The use of the
information available within this internet service by third
parties, in particular contact information like mailing addresses,
telephone and fax numbers, as well as e-mail addresses, especially
for the transmission of unsolicited information, is not permitted.
Legal steps against the disseminators of so-called spam mail can
and may be taken.
The disregard of these conditions may result in the user being
barred from all online services and potential blocking from future
access. Furthermore is there no claim for reimbursement or
damages.
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