Privacy Policy

V1.0, December 15th, 2023

This privacy statement describes how Musik Erkennung ("website", "site", "app", "the controller", "us", "we" or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:

• Access and visit our website at musikerkennung.com or any of its subdomains or pages that link to this privacy statement.

By using and accessing our website and its services you automatically agree with this Privacy Policy and our Terms of Use.

If you do not agree to our Privacy Policy and/or the other terms stated below, please do not use our services, and let us know about your questions or concerns by contacting us at [email protected].

SUMMARY OF KEY POINTS

This summary provides key points from our privacy statement, but you can find more details about any of these topics by clicking on the link following each key point or by using our table of contents below to find the section you are looking for.

• What personal information do we process? when you visit, use, or navigate our website/services, we may process personal information depending on how you interact with the website, the choices you make, and the features you use. Learn more about what data we collect and how do we process it.
• Do we receive any sensitive information from third parties? We do not receive any information from third parties.
• Why do we collect and process your information? We collect only the minimum amount of necessary information, and we do it only to provide our services, we use this information to know which services are used the most and the success/fail rate of said services, or to deliver personalized ads. The collection and processing of your information and data is fully automated and secure, and we do not use any of your information to create profiles and or to track you back.
• What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
• How do you exercise your rights? The easiest way you exercise your rights is by contacting us at [email protected], we will consider, act upon, and contact you back in accordance with applicable data protection laws.

1. WHAT INFORMATION DO WE COLLECT?

PERSONAL INFORMATION YOU DISCLOSE TO US

In short: We collect personal information that you provide us. We collect personal information you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, namely by emailing us at [email protected].

SENSITIVE INFORMATION:

We do not collect nor process sensitive information.

INFORMATION AUTOMATICALLY COLLECTED:

In Short: Some information is automatically collected and logged when you use, access, and navigate our website. This information does not reveal or specify your identity (like your name, address, and contact information), and we solely use it for statistical and analytical purposes only (to know our usage rate, bounce rate, usage by country, which service is used the most, traffic source, etc.), and we do not use it to track you back.

This information is automatically collected and processed by machines with no human intervention. The information we collect automatically is:

• Referring URL (where did you visit our website from);
• Your IP address;
• What pages did you access on our website;
• Local date and time of visiting these pages;
• Session duration (how much time you stayed on each page);
• Country and city of visit;
• Language and version of the browser;
• Operating system;

USER CONTENT:

Musik Erkennung is a website that allows users to identify and recognize music in their audio and video files, as well as in social media videos and audio and video file links, this service can be used by anyone free of charge.

In the course of providing this service, files you upload are transferred to and temporarily stored on Musik Erkennung servers, media you submit by a link are not transferred to our servers and are read and streamed online by our app.

Any data (files and links) you submit to us are always transmitted via SSL-secured channels. We do not read, look into, or mine any data from your files, and we do not make any copies of them. All file processing is done by machine; there is no human interaction with your files. These files are automatically deleted from our servers once the recognition process is over, whether the app managed to find and recognize a song in them or not, and this deletion is irreversible. We do not keep and log any information about the files and links you submit to us.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, as well as to comply with the law.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To deliver targeted advertising to you. we may process your information to develop and display personalized content and advertising to your interests, location, and more.
• To identify usage trends. we may process information about how you use our Services to better understand how they are being used so we can improve them.
• To save and protect an individual's vital interest. we may process your information when necessary to save or protect an individual's vital interest, such as to prevent harm.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

Article 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1) lit. c GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company his name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.

Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

4. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

USER CONTENT: when you upload a file it's transferred securely to our servers, whether the app succeeds in finding and identifying a song in it or not, the file is automatically deleted from our servers, this deletion is irreversible, and we also perform periodic clean up every 24 hours on our servers to delete any left-over files that might stay in case of errors or fails in the deletion process. We do not keep or log any files or data from links you submit to us.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

Analytics:

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function).

Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites.

A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed.

Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics, the controller uses the application “_gat. _anonymizeIp”. By means of this application, the IP address of the Internet connection of the data subject is abridged by Google and anonymized when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google.

During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits to our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America.

These personal data are stored by Google in the United States of America. Google may pass the personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject.

In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it.

This browser add-on tells Google Analytics through JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google.

If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

Cookies:

We use cookies to operate and administer our Services and improve your experience. A “cookie” is a piece of information sent to your browser by a website you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, a website or certain areas or features of a website. For more details on cookies, please visit All About Cookies.

If you use a Safari browser from version 12.1, cookies are automatically deleted after seven days. This also applies to opt-out cookies that are set to prevent tracking measures. For more details on cookies, please visit All About Cookies.

The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR.

6. LINKS TO OTHER WEBSITES

Our website may contain links to other websites not operated or controlled by us, including social media services and music streaming platforms (“Third Party Sites”). The information that you share with Third Party Sites will be governed by their respective privacy policies and terms of service and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

7. WHAT ARE YOUR PRIVACY RIGHTS?

If your personal data is processed, your data is subject to the meaning of the GDPR and you have the following rights vis-à-vis the controller:

• If your personal data is processed, you have the right to obtain information from the controller about the data stored about you (Art. 15 GDPR).
• If incorrect personal data is processed, you have a right to rectification (Art. 16 GDPR). If the legal requirements are met, you may request the deletion or restriction of processing (Art. 17 and 18 GDPR).
• If you have consented to the data processing or if a contract for data processing exists and the data processing is carried out with the help of automated procedures, you may have a right to data portability (Art. 20 GDPR).
• If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
• If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. (Art. 21 GDPR)
• Furthermore, there is a right of appeal to a supervisory authority (Art. 77 GDPR).

You can exercise any or all of these rights by contacting us at [email protected].

8. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we reserve the right to update this notice at any time as necessary to stay compliant with relevant laws and regulations.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Updated" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes on all of our pages or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

8. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at [email protected].