PRIVACY POLICY

Data Protection is a priority issue for Pentatonic GmbH. Therefore, we want to inform you in accordance with the applicable data protections provisions about the personal data used when you visit our website and the rights you have as a data protection subject.

1. LEGAL BASIS, PERSONAL DATA

This Privacy Policy is based on the European General Data Protection Regulation (GDPR) and the German data protection act (Bundesdatenschutzgesetz).

Subject to this Privacy Policy are personal data. Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. NAME AND ADDRESS OF THE CONTROLLER

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Pentatonic GmbH

Gontardstraße 11, Regus Business Centre

10178 Berlin

Deutschland

Phone: +49 30 408 17 2538 

Email: support@pentatonic.com

Data Protection Officer is:

James Nuttall

3. COOKIES

The Internet pages of the Pentatonic GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Cookies may contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites to identify the internet browser used. 

Through the use of cookies we can provide the users of this website with more user-friendly services that would not be possible without the cookie setting. Cookies enable us to optimize the use of our websites for the users. An example is a cookie of a shopping cart in an online shop that remembers the articles a customer has placed in the virtual shopping cart.

The data subject may, at any time, prevent the setting of cookies through our website by setting the browser preferences accordingly, and may thus permanently avoid the setting of cookies. Furthermore, cookies already set may be deleted at any time in the browser preferences or by other software programs. If the user deactivates cookies in his internet browser, not all functions of our website may be entirely usable.

4. COLLECTION OF GENERAL DATA AND INFORMATION

The website of the Pentatonic GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Pentatonic GmbH does not draw any conclusions in respect of the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Pentatonic GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. GOOGLE ANALYTICS

On this website we use 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. Google is certified under the EU-US Privacy Shield 

For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". 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 and 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 visit your Internet browser will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google and 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 of 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 these 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 setting the browser preferences accordingly and thus permanently avoid 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 may object 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. For this purpose, the data subject must download a browser add-on at https://tools.google.com/dlpage/gaoptout and install it. This browser add-on instructs Google Analytics through a 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 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, the reinstallation or reactivation of the browser add-ons may be initiated.

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

6. SUBSCRIPTION TO OUR NEWSLETTERS

On our website users may subscribe to our newsletter. The input mask show what personal data are transmitted.

In the newsletter Pentatonic GmbH informs its customers and business partners regularly about enterprise news and offers. A confirmation e-mail will be sent to the e-mail address entered by a data subject asking him/her to conform the e-mail address. 

The registration for the newsletter includes the storage of the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to retrace a possible misuse of an e-mail address of a data subject, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail in the event of modifications to the newsletter offer or of a change in technical circumstances. These data collected in the context of the newsletter subscription will not be transferred to third parties. The subscription to our newsletter may be terminated by the data subject at any time, by clicking the respective link contained in each newsletter, unsubscribing at our website or communicating the revocation of the consent in a different was using the contact data given above.   

7. NEWSLETTER TRACKING

The newsletter of the Pentatonic GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns, optimize the newsletter and adjust it in order to meet the readers’ interests. Based on the embedded tracking pixel, the Pentatonic GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were clicked by data subjects. These personal data will not be passed on to third parties. Data subjects are at any time entitled to object this use of the data.[CR1] 

8. CONTACT FORM

Our website allows the users to contact us via a contact form or the contact information given. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of dealing with the data subject’s request. There is no transfer of this personal data to third parties.

9. PERIOD FOR WHICH PERSONAL DATA ARE STORED

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is fulfilled, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements. Newsletter data are deleted once the user unsubscribes. Data sent in connection with requests send to us via our website are deleted once the purpose of the communication is fulfilled. Our right to retain data for a longer period in accordance with legal retention periods or due to possible disputes remain unaffected.  

10. RIGHTS OF THE DATA SUBJECT

  • A) RIGHT OF CONFIRMATION

Each data subject shall have the right to obtain from us the confirmation as to whether personal data in respect of him or her are being processed. 

  • B) RIGHT OF ACCESS

Each data subject shall have the right to obtain from us free information about his or her personal data stored at any time and a copy of this information. 

  • C) RIGHT TO RECTIFICATION

Each data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  • D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)

Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

    • The personal data have been unlawfully processed.

    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

 

  • E) RIGHT OF RESTRICTION OF PROCESSING

Each data subject shall have the right to obtain from the controller restriction of processing. where one of the following applies:

  • F) RIGHT TO DATA PORTABILITY

Each data subject shall have the right to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the Pentatonic GmbH.

  • G) RIGHT TO OBJECT

Each data subject shall have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

  • H) RIGHT TO WITHDRAW DATA PROTECTION CONSENT

Each data subject shall have the right to withdraw his or her consent to processing of his or her personal data at any time.

  • I) RIGHT TO LODGE A COMPLAINT

Each data subject shall have the right to lodge a complaint with a supervisory authority.

11. LEGAL BASIS FOR THE PROCESSING

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose, such as our newsletter. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when we process data while you are visiting our website or send us a message via our contact form or by using our contact data, the processing is based on Article 6(1) lit. b GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR, as is the case, when we collect information about your visit at our website and store cookies. This legal basis is used for processing operations which 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. Our legitimate interest is to improve our website and to make it more user-friendly. 

 

12. EXISTENCE OF AUTOMATED DECISION-MAKING, PROFILING

We do not use your data for profiling purposes or automatic decision-making.