Privacy Policy of keilwerth Audio

 

The protection of your personal data during your visit to our website is important to us. Personal data will only be collected and processed to the extent necessary and in compliance with legal regulations. Below, we will inform you in particular about the personal data collected during your visit to our website, how they are stored or processed, and for what purpose. Additionally, we will provide information about the purpose, duration, and legal basis of data processing, as well as your rights ("data subject rights").

 

§1 General information about the collection and processing of personal data

    (1) Personal data includes data and information that can identify you or make you identifiable (such as name, address, etc.), or that relate to you personally if you are identified or identifiable (such as username, email address, user behavior, geodata, etc.).

    (2) We process your personal data in accordance with applicable data protection regulations and this privacy policy. When we collect, store, or otherwise process personal data on our website, we will provide you with detailed information about the specific data processing operations, including the scope, purpose, legal basis, and defined criteria for storage duration. We only collect, store, and process personal data if permitted by law or if you have consented to it.

    (3) For security reasons and to protect the transmission of data, our website uses SSL encryption (Secure Socket Layer). You can recognize whether an individual page of our website is transmitted encrypted by the closed representation of the key or lock symbol in your browser's address bar or status bar, as well as the presence of "https://" in your browser's address bar (URL).

 

§2 Name and contact details of the data controller

    Data controller within the meaning of Art. 4 Abs. 7 EU-Datenschutz-Grundverordnung (DS-GVO):

    keilwerth Audio Inhaber: Rene Keilwerth
    Nothgottesstr. 20
    65366 Geisenheim (Deutschland)
    Email: info@keilwerth-audio.com (for more see <Imprint>).

 

§3 Collection and processing of personal data when visiting our website (website access data and "log files")

    (1) When accessing or simply using our website for informational purposes, we collect the personal data that your browser automatically transmits to our server through the internet service provider (website provider or hoster) (so-called "server log files"). The following personal data is collected, among others:

    • IP address
    • Date and time of the request or visit to the website
    • Accessed web pages/subpages
    • Accessed file(s)
    • Used browser, including browser version
    • Used operating system, including operating system version

    (2) These data are technically necessary to provide and display the website to you, as well as to ensure convenient use of the website. They also serve statistical and administrative purposes (e.g., evaluating system security and stability) to improve our website's offerings, ensure its stability and security, and, if necessary, conduct error analysis or investigate abuse or fraudulent activities. We reserve the right to retrospectively check the server log files if there are concrete indications of unlawful use or if unlawful use has occurred. Furthermore, this data serves to provide the law enforcement authorities with the necessary information for criminal prosecution in the event of a cyber attack.

    (3) The legal basis for data processing is Art. 6 Abs. 1 S. 1 lit. f DS-GVO. Our legitimate interest arises from the purposes mentioned above. Under no circumstances do we use the collected data to draw conclusions about your person.

    (4) If cookies are used beyond the scope of visiting our website, you will find further explanations below.

 

§4 Use of Cookies

    (1) When using our website, so-called "cookies" are stored on your computer. Cookies are small text files created by your internet browser and stored on your device (laptop, tablet, smartphone, etc.) associated with the browser you are using when you visit our site. As a result, the entity setting the cookie (in this case, us, or in the case of third-party cookies, our partners) may receive certain user data and information related to the specific device and your website visit (e.g., browser and location data). However, this does not mean that we directly obtain knowledge of your identity. Cookies do not cause any harm to your device, do not execute programs, and do not contain viruses, trojans, or any other malicious software.

    (2) Our website uses the following types of cookies, the scope and functionality of which will be explained below.

      a) Transient cookies are only temporarily created and are automatically deleted when you end the session or close the browser. This includes so-called session cookies. These cookies, for example, store a session ID that can be used to associate various requests from your browser with the shared session. This allows, for instance, your computer to be recognized or your language selection (browser language) to be retained, making our website more user-friendly when you return. Session cookies are deleted at the latest one hour after you end the session or close the browser.

      b) Persistent cookies are created permanently and are automatically deleted after a predetermined period, which can vary depending on the cookie. Persistent cookies are used on our website.

      • In order to identify you for future visits, if you have an account (customer account/login) with us or if you are a registered customer, otherwise you would have to log in again for each visit. Persistent cookies that serve the authentication of registered users (e.g., customers) are stored for a duration of 5 years and are automatically deleted thereafter.
      • As far as we use services from third-party providers, where the provider of the service - without our ability to prevent it - automatically integrates one or more cookies on our website, which are automatically and permanently placed in the user's browser. This can occur, for example, when using security systems. We would like to point out that we have no influence on the scope of data collected by the third-party provider and the data processing operations carried out by the third-party provider, and we are unaware of the full extent of data collection, the purposes of processing, and the retention periods. We also do not have any information about the deletion of the collected data by the third-party provider.

    (3) Cookies are intended to make the overall Internet offering attractive, user-friendly, pleasant, and effective. The legal basis is Art. 6 Abs. 1 S. 1 lit. f DS-GVO. The data processed by cookies is necessary for the mentioned purposes, particularly for ensuring the best possible functionality of the website, as well as a user-friendly and effective design of your visit to our website, thus serving our legitimate interests in accordance with Art. 6 Abs. 1 S. 1 lit. f DS-GVO.

    (4) If personal data of registered users (e.g., logged-in customers) is processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 Abs. 1 lit. b DS-GVO, because it is necessary for the performance of the contract.

    (5) Most browsers accept cookies automatically. You can delete cookies at any time in the security settings of your browser. Additionally, you can configure your browser settings according to your preferences, for example, by either rejecting third-party cookies or all cookies, or by configuring the browser to always display a notification before a new cookie is created. We would like to inform you that if you restrict or decline the acceptance of cookies, you may not be able to use all the functions of this website and the functionality of our website may be significantly limited.

 

§ 5 Use of Cloudflare

    (1) Our website uses the security services and content delivery network (CDN) provided by Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, USA.

    (2) We utilize these security services to protect our website against so-called hacker attacks, particularly Distributed Denial of Service (DDoS) attacks. For this purpose, user data is collected each time our website is accessed in order to individualize and identify specific clients or users and to detect and prevent any attacks. The legal basis for the use of Cloudflare's security services and the associated data processing is Art. 6 Abs. 1 lit. f DS-GVO and our legitimate interest in defending our website against attacks and ensuring its secure and efficient provision and continuous availability.

    (3) The use of the CDN enables us to provide our online offering, especially when retrieving large files, more efficiently by utilizing regionally distributed servers connected via the internet. This improves the accessibility of our website, and files can be downloaded by you more easily and quickly. The legal basis for the use of Cloudflare's CDN and the associated data processing is Art. 6 Abs. 1 lit. f DS-GVO and our legitimate interest in providing and maintaining an efficient functionality of our website.

    (4) Any processing of personal data of users is solely carried out for the aforementioned purposes.

    (5) The exact scope of data collection and processing by Cloudflare, as well as any third-party transfers, are not known to us. We also do not have any information regarding the storage period or deletion of the collected data. For more information about data protection at Cloudflare, please refer to the provider's privacy policy at: https://www.cloudflare.com/privacypolicy.

    (6) In cases where personal data is transferred to the United States, Cloudflare has submitted to the EU-US Privacy Shield agreement (see https://www.privacyshield.gov/list and https://www.cloudflare.com/privacypolicy), which is intended to ensure compliance with the level of data protection applicable in the EU (for more information, please visit: https://www.privacyshield.gov/EU-US-Framework).

 

§6 Contact via Email

    (1) We provide you with the opportunity to contact us via email. When you contact us by email, the data you provide to us (e.g., your email address, if applicable, your name, and your telephone number) will be stored by us. Additional information can be provided voluntarily by you.

    (2) The processing of the data you provide to us is necessary for us to know the source of the inquiry and to be able to contact you and, if necessary, respond to your question. The data processing is carried out at your request for the purpose of establishing contact, answering your inquiry, and, if applicable, for software support purposes, and only to the extent necessary for these purposes. If the processing of the personal data you provide to us is carried out for the purpose of establishing contact or responding to your inquiry, it is based on a legitimate interest, namely our interest in answering your inquiry. The legal basis is Art. 6 Abs. 1 lit. f DS-GVO.

    (3) We will delete the personal data you transmit to us when the storage is no longer necessary. This is the case, for example, when your inquiry has been finally resolved. A final resolution occurs in particular when it can be inferred from the circumstances that your inquiry and the underlying matter have been conclusively clarified and the data is no longer necessary for further inquiries. If there are also legal retention obligations, we will store the data for the duration of the retention obligation. If we only store the data due to existing legal retention obligations, we will process the data only for this purpose (restriction of processing).

    (4) If your inquiry or the response to your inquiry may give rise to claims on our part or your part, or if it may result in our liability, we will store the underlying data for the purpose of asserting or defending legal claims based on a legitimate interest. The legal basis in this case is also Art. 6 Abs. 1 lit. f DS-GVO. If your inquiry or the response to your inquiry may give rise to claims on our part or your part, or if it may result in our liability, we will store the underlying data for the duration of the statute of limitations for any legal claims.

 

§7 Registration (Login Area)

    (1) We offer you the opportunity to register on our website by collecting the following data and create a user account:

    • Name
    • Email address
    • Password
    • Date and time of the last data record change

    After completing the registration process, you will receive an activation email from us. No additional data will be collected during the registration process. Your data will not be disclosed to third parties. You also have the option to delete your account at any time.

    (2) The collection of data during registration is necessary to provide the content and services available on our website, particularly customer-specific software activations and license downloads. Furthermore, these data are necessary to respond to support requests and provide support services for the "VPS Avenger" software. We also provide keyfiles (license keys) for the software licenses you have purchased and associated with your user account, enabling you to use the software without restrictions in accordance with the license agreement (terms of use). The legal basis for this is Art. 6 Abs. 1 lit. f DS-GVO.

    (3) When registering or activating software licenses by a registered user, a system ID is generated and associated with your user account to verify the number of allowed activations for your software product or license key. We store the system ID indefinitely. This is done to provide you with the software without time limitations in accordance with the license agreement (terms of use). The legal basis for this is Art. 6 Abs. 1 lit. f DS-GVO.

    (4) We store your data indefinitely because the software license you have purchased is unlimited in time, and you can only use the software if you maintain a user account with us on the website, as this account is necessary for the operation of the software you have acquired. Otherwise, we would not be able to verify the presence of the license key and, therefore, the permission to use the software. If you delete your user account with us, your personal data will be automatically deleted.

 

§8 Data Transmission

    Personal data will not be transmitted to third parties by us, unless:

    • this is necessary for the execution of a contract concluded with you (legal basis for this is Art. 6 Abs. 1 S. 1 lit. b DS-GVO);
    • you have given explicit consent for this (consent according to Art. 6 Abs. 1 S. 1 lit. a oder Art. 9 Abs. 2 lit. a DS-GVO);
    • the transfer is necessary according to Art. 6 Abs. 1 S. 1 lit. f DS-GVO for the assertion, exercise, or defense of legal claims, and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data (example: we engage third parties (e.g., lawyers) to enforce our rights, who are bound by professional confidentiality);
    • there is a legal obligation for the transfer of data according to Art. 6 Abs. 1 S. 1 lit. c DS-GVO to which we are subject.

 

§9 Your Rights (so-called "Data Subject Rights")

    (1) Below, we inform you about your data subject rights that you have against us regarding the processing of your personal data. The following rights are available to you in relation to the data controller:

    • Right to information (Art. 15 DS-GVO). In particular, you can request information about the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipients to whom the data has been or will be disclosed, the envisaged storage period, the existence of the right to rectification, erasure, restriction of processing or objection, the right to lodge a complaint, the source of the data if not collected from you, and the existence of automated decision-making, including profiling, and meaningful information about its details;
    • Right to rectification ( 16 DS-GVO). You have the right to request the immediate rectification of inaccurate personal data concerning you and the completion of incomplete personal data stored by us;
    • Right to erasure (Art. 17 DS-GVO). You have the right to request the erasure of your personal data stored by us if the conditions of Article 17(1) of the GDPR are met, unless the processing of personal data is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
    • Right to restriction of processing(Art. 18 DS-GVO). You have the right to request the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful, but you oppose the erasure of the data, and we no longer need the data, but you require it for the establishment, exercise, or defense of legal claims, or you have objected to the processing pursuant to Art. 21 DSGVO;
    • Right to data portability (Art. 20 DS-GVO). You have the right to receive your personal data, which you have provided to us, in a structured, commonly used, and machine-readable format, and have the right to transmit those data to another controller where technically feasible and if it does not adversely affect the rights and freedoms of others;
    • RRight to withdraw consent (Art. 7 Abs. 3 DS-GVO). You have the right to withdraw your consent to the processing of your data at any time with effect for the future. This will not affect the lawfulness of processing based on consent before its withdrawal.

    (2) Furthermore, you have the right to lodge a complaint , with a supervisory authority if you believe that the processing of your personal data by us violates applicable data protection laws (Art. 77 DS-GVO).

    (3) If you have any questions regarding the collection, processing, or use of your personal data, if you require information, wish to correct, block, or delete data, or if you want to revoke any consent given, please contact us via email at: info@keilwerth-audio.com.

 

§10 Right to Object

    (1) If we process personal data based on overriding legitimate interests (Art. 6 Abs. 1 S. 1 lit. f DS-GVO) verarbeiten,, you have the right, pursuant to Art. 21 DS-GVO to object to such processing, provided there are reasons arising from your particular situation or the objection is directed against direct marketing. The objection shall have effect for the future.

    (2) If you wish to exercise your right to object, simply send an email to info@keilwerth-audio.com.

    (3) If you exercise your right to object, we will immediately cease processing the relevant data. However, we reserve the right to continue processing if we can demonstrate compelling legitimate grounds for the processing or if the processing is necessary for the establishment, exercise, or defense of legal claims.

 

§11 Duration of Storage and Deletion of Personal Data

    (1) We generally store and process personal data, unless otherwise stated above under the respective heading, only for the period necessary to achieve the purpose of storage (e.g., contract initiation, contract fulfillment, etc.). In addition, we store and process personal data only for the period we need them to fulfill the contract or if we have a legitimate interest, such as asserting or defending legal claims (e.g., warranty claims or claims for damages). Furthermore, we store and process personal data only for the period required to fulfill a legal obligation to which we are subject (e.g., compliance with statutory retention periods). For example, we store data based on commercial and tax retention periods according to the German Fiscal Code for up to 10 years.

    (2) The criteria for determining the duration of storage of personal data are the necessity for the purpose, the necessity for contract fulfillment, the existence of legal obligations to store data (e.g., the duration of statutory retention periods), and the existence of a legal interest (e.g., for the duration of limitation periods for potential legal claims that are to be asserted or defended).

    (3) If the purpose of storage ceases to exist, which is particularly the case when personal data are no longer needed for contract fulfillment, no longer have a legal interest in storage or processing of the data, no longer have legal obligations to store the data, or the statutory retention periods have expired, the personal data will be routinely deleted unless you have consented to further processing or use. We routinely review the necessity of storage.

 

§12 Sample Pack Registration

    (1) As part of downloading a sample pack, we store your IP address in our database. This data is solely used to protect against account sharing and to detect suspicious behavior. Your IP address will not be shared with third parties but will be periodically reviewed only by keilwerth Audio employees.

    (2) Purpose of IP address storage
    Storing your IP address allows us to address account sharing and protect the integrity of our services. By verifying your IP address, we can identify possible violations of our terms of use and take appropriate measures to prevent misuse.

    (3) Account suspension for account sharing
    If we determine that you are sharing your account with others or violating our terms of use, we reserve the right to suspend your account indefinitely. Account suspension may result in you losing access to our services and downloads. We reserve the right to unlock the account at our own discretion or maintain the suspension.

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