Welcome to Music Traveler!
We, Music Traveler GmbH, and our subsidiaries and affiliates worldwide (collectively, "Music Traveler" or "we" or "us" or "our", as applicable) provide an online Platform (as defined below) that connects hosts ("Hosts") who have premises, rooms or space (collectively, "Music Space") and/or musical instruments and equipment ("Music Instruments" or "Music Equipment," as applicable), with users ("Users") seeking to book such Music Space and/or Music Instruments and/or Music Equipment to use for music practice, music performance, music concerts or music events (collectively, the "Services"), which Services are accessible through our website(s) and/or webpage(s) and/or mobile application(s) and/or other social network platform(s) (collectively, the "Platform"). In these Terms and Conditions (the "Terms"), Music Traveler and the Host are, where applicable, collectively referred to as, the "Parties" and each, as a "Party".
These Terms constitute a binding contractual agreement between you and us, and govern your access to and use of the Platform, its contents (the "Contents") and the Services.
By using the Platform, you agree to comply with and be legally bound by the Terms, whether or not you become a registered User or Host of the Services under the Platform.
Please note that we may, at our sole discretion, modify or revise our Terms at any time by updating the text of this page, including in relation to applicable fees, without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review our Terms. Your continued access, use and/or browsing on this Platform following the posting of changes to the Terms means you accept those modifications or revisions.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE REGION OR TERRITORY. IN MANY REGIONS OR TERRITORIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A MUSIC SPACE AND/OR MUSIC INSTRUMENT AND/OR MUSIC EQUIPMENT, OR ACCEPTING USERS. HOSTS SHOULD REVIEW THEIR LOCAL LAWS BEFORE LISTING A SPACE ON MUSIC TRAVELER.
USERS MUST BE HOLDERS OF A PROPER INSURANCE WHICH COVERS POTENTIAL DAMAGES IN MUSIC SPACES AND, WHERE APPLICABLE, MUSIC INSTRUMENTS AND/OR MUSIC EQUIPMENT.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform, its Contents and the Services, and must exit immediately. Failure to use the Platform in accordance with these Terms may subject you to civil and criminal penalties.
Certain areas of the Platform (and your access to or use of certain aspects of the Services) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. Unless otherwise stated under these Terms, in the event of a conflict between these Terms and terms and conditions posted for a specific area of the Platform, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform.
1. Host and User Relationship
The Platform comprises a medium through which Hosts may create listings for Music Spaces and/or Music Instruments and/or Music Equipment, and Users may Book these directly with the Hosts.
You understand and agree that Music Traveler is not a party to any agreements entered into between Hosts and Users, nor is Music Traveler a real estate broker, agent or insurer. Music Traveler has no control over the conduct of Hosts, you and other Users of the Platform or any Music Space and/or Music Instrument and/or Music Equipment, and disclaims all liability in this regard to the maximum extent permitted by law.
2. Independent Contractor Relationships
You understand and agree that your relationship with Music Traveler is limited to being a User or Host, as applicable, and an independent, third-party contractor, and not an employee, agent, or joint venturer. You act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Music Traveler. Music Traveler does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide.
As a User, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Music Traveler, including, without limitation, by inappropriately using any Music Traveler intellectual property.
You acknowledge and agree that, by accessing or using the Platform, you agree to be bound by these Terms, whether or not you have registered with the Platform. If you do not agree to these Terms, then you have no right to access or use the Platform.
If you accept or agree to these Terms on behalf of a company or other legal entity or person, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "User", "you" and "your" will refer and apply to that company or other legal entity or person.
The Platform, its Contents and the Services are intended solely for persons who are eighteen (18) years of age (the "Minimum Age") or older. Any access to or use of the Platform, its Contents and/or its Services by anyone under the Minimum Age is expressly prohibited. By accessing or using the Platform, its Contents and/or Services, you represent and warrant that you are the Minimum Age or older.
4. User Vetting
For User in the United States, Music Traveler may, in its sole discretion and to the extent permitted by applicable law, perform a background check and search and, where applicable, obtain reports from public records of any criminal convictions or sex offender registrations in relation to any Host. Further, the User hereby gives consent to Music Traveler to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act. The User hereby agrees to provide any background or compliance document upon request by Music Traveler, including, without limitation, a Good Conduct Certificate.
For Users outside the United States, we may, in our sole discretion and to the extent permitted by applicable law, perform a background check and search, and where applicable, obtain the local version of background or registered sex offender records or reports in relation to any User. You hereby agree and authorize us to use your relevant personal information, such as your full name and date of birth, to obtain such reports from third parties, including, without limitation, from Music Traveler’s vendors. The User hereby agrees to provide any background or compliance document upon request by Music Traveler, including, without limitation, a Good Conduct Certificate.
5. How the Platform and Services Work
You agree to be bound by and comply with any additional terms, conditions and policies provided by the owner, tenant, and property manager of the Music Space (collectively, the "Music Space Owners") relating to the use of a specific Music Space and/or Music Instrument and/or Music Equipment, including, without limitations, compliance with building security procedures, IT access and use procedures provided by the Music Space Owners (the "Venue Policies"). The Venue Policies may be provided in electronic format or in hardcopy format, and some times may even be provided on the Platform.
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Platform, its Contents and Services, and the Music Space. Without limiting the foregoing, where other persons are brought into the Music Space following a reservation made through your Account, you do hereby agree to be fully responsible and to indemnify Music Traveler for any violation of these Terms or applicable law, by-laws or regulations, even if such violation was caused by such other persons.
6. Bookings and Financial Terms
Music Traveler reserves the right to determine the prevailing pricing or fees for Services provided on the Platform. Any fees which Music Traveler may charge you for the use of the Platform, its Contents and Services, and the Music Spaces, will be as set out in the Music Traveler Payment Policy. Such fees are inclusive of any taxes payable, are due immediately at Booking (as defined below), and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, Music Traveler's decision to terminate your usage, disruption caused to our Platform, its Contents and Services, or the Music Space(s), whether planned, accidental or intentional, or any reason whatsoever.
Currently, Music Traveler charges Hosts a transaction fee equal to the greater of 1€ per hour for the duration of the applicable User's booking with ten percent (10%) of Music Traveler service fees that Users are charged in relation to the Booking and/or use of the applicable Host’s Music Space. Hosts shall be responsible for payment of all applicable value-added tax and all other taxes associated with any transaction fees, including Stripe fees that are payable in relation to the Host’s Music Space.
You do hereby agree that you shall be charged fees based on the length of your intended Booking stay at the applicable Music Space (regardless of whether you, thereafter, make use of the Music Space for a shorter duration). If you exceed the amount of time for which you Booked (as defined below) a Music Space, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User's Booked (as defined below) time. You do hereby consent to such excess time charges and to such overage charge.
Music Traveler, at its sole discretion, may make promotional offers with different features and different rates to any of our Hosts and Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Music Traveler may change the fees for our Platform, its Contents and Services, or the Music Spaces or other applications, as we deem necessary. We encourage you to check back on our Platform or the Music Spaces or other applications, periodically, for such promotional offers that may be beneficial to you.
"Booking" means a limited license granted by the Host to the User to enter and use the listed Music Space and/or Music Instrument and/or Music Equipment for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Music Space and/or repossess the Music Instrument and/or the Music Equipment, in accordance with the User's agreement with the Host. Reference to "Book" or "Booked" has the same meaning as "Booking".
7. Complaints; Damage and Security Deposit
In the event the User has a complaint about Music Traveler, the Platform, its Contents and/or the Services, a Host or other Users, or any other issue in relation to the Terms, the User shall send a written complaint (email to suffice) to Music Traveler, after which Music Traveler shall try to reach out to the User within a reasonable period of time, to address the User's concerns and resolve the matter. Complaints, inquiries or questions can be sent to Music Traveler at firstname.lastname@example.org.
B. Damage to Music Spaces or Instruments or Equipment and Security Deposit [D1]
As a User, you are responsible for leaving the Music Space and/or Music Instruments and/or Music Equipment (including any personal or other property located at the Music Space) in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Music Space. In the event that a Host claims otherwise and provides evidence of damage ("Damage Claim"), including, but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Hosts may choose to include security deposits in their listings ("Security Deposits"). Listings may describe whether a Security Deposit is required for the applicable Music Space. Music Traveler will try to address Hosts' requests and claims related to Security Deposits, but Music Traveler is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
If a Host has a Damage Claim for a confirmed Booking, the Host can seek payment from the User by referring the Damage Claim to Music Traveler. If a Host refers a Damage Claim to Music Traveler, you as a User will be notified of the Damage Claim and given an opportunity to respond. If you as a User agree to pay the Host in connection with a Damage Claim, or if Music Traveler determines, in its sole discretion, that you are responsible for damaging a Music Space and/or Music Instrument and/or Music Equipment, or any personal or other property located at a Music Space, Music Traveler will collect any such costs from you and/or against the Security Deposit.
Music Traveler also reserves the right to otherwise collect payment from you and pursue any avenues available to Music Traveler in situations in which you have been determined, in Music Traveler's sole discretion, to have damaged any Music Space and/or Music Instruments and/or Music Equipment, or any personal or other property located at a Music Space.
Both Users and Hosts agree to cooperate with and assist Music Traveler in good faith, and to provide Music Traveler with such information and take such actions as may be reasonably requested by Music Traveler, in connection with any Damage Claims or other complaints or claims made by Hosts or Users, as applicable, relating to Music Spaces and/or Music Instruments and/or Music Equipment, or any personal or other property located at a Music Space (including, without limitation, payment requests made under the Music Traveler Host Guarantee) or with respect to any investigation undertaken by Music Traveler or a representative of Music Traveler regarding use or abuse of the Platform and/or its Contents and/or the Services. If you are a User, upon Music Traveler's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Music Traveler or a third party selected by Music Traveler or its insurer, with respect to losses for which the Host is requesting payment from Music Traveler under the Music Traveler Host Guarantee.
If you are a User, you understand and agree that Music Traveler may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for with regards to a Music Space and/or Music Instrument and/or Music Equipment, or any personal or other property located at a Music Space (including, without limitation, amounts paid by Music Traveler under the Music Traveler Host Guarantee). You agree to cooperate with and assist Music Traveler in good faith, and to provide Music Traveler with such information as may be reasonably requested by Music Traveler, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Music Traveler may reasonably request to assist Music Traveler in accomplishing the foregoing.
Security Deposits, if required by a Host, may also be applied to any fees due from a User overstaying at a listing without the Host's consent.
8. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform, its Contents and the Services. In connection with your use of the Platform, its Contents and the Services, you may not and you agree that you will not:
A. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
B. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Platform;
C. use the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Music Traveler endorsement, partnership or otherwise misleads others as to your affiliation with Music Traveler;
D. dilute, tarnish or otherwise harm the Music Traveler brand in any way, including through unauthorized use of the Platform's Content, registering and/or using Music Traveler or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Music Traveler domains, trademarks, taglines, promotional campaigns or Platform Content;
E. copy, store or otherwise access or use any information contained on the Platform for purposes not expressly permitted by these Terms;
F. infringe the rights of Music Traveler or the rights of any other person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual right;
G. interfere with or damage our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
H. use our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
I. use our Platform in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
J. "stalk" or harass any other User or any Host of our Platform, or collect or store any personally identifiable information about any other User or any Host other than for purposes of transacting as a Music Traveler User or Host;
K. offer, as a Host, any Music Space and/or Music Instruments and/or Music Equipment that you do not yourself own or have permission to Book as a residential or other property;
L. offer, as a Host, any Music Space and/or Music Instruments and/or Music Equipment that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
M. unless Music Traveler explicitly permits otherwise, request or Book a Music Space and/or Music Instruments and/or Music Equipment for someone else; and
N. contact another User or Host for any purpose other than asking a question related to a Booking, Music Space and/or Music Instruments and/or Music Equipment, or listing, or the User's or Host's use of the Platform, its Contents and Services.
O. contact another User or Host for any purpose other than asking a question related to a Booking, Music Space and/or Music Instruments and/or Music Equipment, or listing, or the User's or Host's use of the Platform, its Contents and Services.
9. Intellectual Property
Music Traveler owns all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, sui generis database rights and all other rights of any sort throughout the world) in the Platform, its Contents, the Services and the User information, and relating to any and all inventions (whether or not patentable), works of authorship, mask works, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, in connection therewith (collectively, the "Music Traveler IP Rights"). In the event that any Music Traveler IP Rights do not qualify as such and are deemed to be the User's intellectual property rights, the User hereby makes all assignments necessary to accomplish the foregoing ownership by Music Traveler.The User shall assist Music Traveler, at Music Traveler's expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights assigned. The User hereby irrevocably grants Music Traveler a power oICCf attorney and designates and appoints Music Traveler and its agents as attorneys in fact to act for and in the User's behalf to execute and file any document and to do all other lawfully permitted acts to further the foregoing with the same legal force and effect as if executed by Music Traveler.
B. Copyright Policy
Music Traveler respects copyright law and expects its Users to do the same. It is Music Traveler's policy to terminate in appropriate circumstances, the Accounts of Users or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
10. Representations and Warranties
The User represents and warrants that: (i) the User has the legal capacity to be Party to and be bound by these Terms, to make a Booking Request and the full right to accept the Services provided for herein; (ii) the User is at or over the Minimum Age requirement provided herein; (iii) the information provided and disclosed by the User to Music Traveler and the Host shall be accurate, complete and up-to-date, and the User hereby represents and warrants that the User has not and shall not falsify and/or misrepresent any of said User information; (iv) the User shall not infringe, misappropriate or violate any intellectual property or other right of any person or entity (including, without limitation, Music Traveler); (v) the User shall comply with all applicable laws and Music Traveler rules surrounding the Booking process and use of the Music Space and/or Music Instruments and/or Music Equipment; and (vi) if the User's use of the Music Space and/or Music Instruments and/or Music Equipment requires a license, the User has obtained the requisite license and said license is in full force and effect.
Except as otherwise required by law, the User agrees that any information shared between the Parties ("Confidential Information") or provided by Hosts, in relation to the Platform, its Contents and the Services, shall be treated as strictly confidential and shall not be disclosed to any third party without the prior written consent of Music Traveler, except (a) to the User's counsel, tax advisors, auditors, employees, officers and directors, (b) to subsidiaries or affiliates of the User, (c) to potential assignees of the User, (d) to any investors or potential investors of the User, or (e) pursuant to an applicable requirement of law. The User is responsible for all of its recipients' conduct with respect to the Confidential Information.
IF YOU CHOOSE TO USE THE PLATFORM, ITS CONTENTS AND THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU HAVE TO BE AT LEAST OF MINIMUM AGE TO USE THIS SERVICE, OTHERWISE YOU NEED A GUARDIAN TO USE THEPLATFORM FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT MUSIC TRAVELER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON YOU OR ANY PERSON OR PARTY, INCLUDING, BUT NOT LIMITED TO, HOSTS AND OTHER USERS. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR HOST OR GUARANTEE THAT A USER OR HOST WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE PLATFORM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MUSIC TRAVELER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MUSIC TRAVELER MAKES NO WARRANTY THAT THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ITS CONTENTS AND THE SERVICES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MUSIC TRAVELER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, MUSIC SPACE AND/OR MUSIC INSTRUMENTS AND/OR MUSIC EQUIPMENT, HOSTS, USERS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUSIC TRAVELER OR THROUGH THEPLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH USERS OF THEPLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR OTHER USERS OR THIRD PARTIES. YOU UNDERSTAND THAT MUSIC TRAVELER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OFHOSTS ON, OR USERS OF THE PLATFORM, ITS CONTENTS AND/OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE HOSTS ON, OR USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, HOSTS AND OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MUSIC TRAVELER. MUSIC TRAVELER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, ITS CONTENT AND SERVICES, YOUR LISTING OR BOOKING OF ANYMUSIC SPACE AND/OR MUSIC INSTRUMENT AND/OR MUSIC EQUIPMENT, VIA THE PLATFORM AND ANY CONTACT YOU HAVE WITH HOSTS ON, AND OTHER USERS OF THE PLATFORM, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER MUSIC TRAVELER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THEPLATFORM, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM YOUR LISTING OR BOOKING OF ANY MUSIC SPACE AND/OR MUSIC INSTRUMENT AND/OR MUSIC EQUIPMENT, VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUSIC TRAVELER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The User agrees to indemnify and hold Music Traveler, its shareholders, directors, officers, employees, heirs, successors, assigns, agents and other representatives, harmless from any and all manner of Host and/or third party actions, suits, debts, sums of money, interest owed, accounts, controversies, agreements, guaranties, promises, undertakings, charges, damages, judgments, executions, obligations and reasonably incurred costs, expenses and fees (including reasonable attorneys' fees and court costs), counterclaims, claims, demands, causes of action, liabilities, losses, damages and amounts paid in settlement incurred, paid or sustained, including, without limitation, in relation to Music Spaces and/or Music Instruments and/or Music Equipment, as applicable (together, the "Claims") that they may suffer as a result of said Host and/or third party Claims against them arising out of a breach of the User's representations and warranties under enumerated Paragraph 10 hereof or an incident occasioned by the commission or omission of the User in relation to the Booking and/or use of Music Spaces and/or Music Instruments and/or Music Equipment.
Music Traveler may, in its sole discretion, terminate, change, suspend, disable, add to or discontinue any aspect of the Terms, the Platform, its Contents, the Services, User Accounts and Host Accounts, at any time, without recourse to the User or liability to Music Traveler. Music Traveler may restrict, suspend or terminate your use of or access to the Platform, its Contents or the Services, if we believe you are in breach of or are attempting to breach these Terms or applicable law, or for any other reason or no reason at all, without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with Hosts or other Users or the administration of the Platform, its Contents and/or the Services).
In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms, the Platform, its Contents, the Services, access to Hosts, other Users and your Account, will immediately terminate; and (ii) you must immediately cease all use of the Platform and destroy or erase all copies of the Platform in your possession or control. Any use of the Platform after termination is unlicensed and is in violation of the Music Traveler IP Rights.Music Traveler and its affiliates reserve the right to refuse service, terminate Accounts, remove or edit Content or cancel orders in their sole discretion.
If Music Traveler materially breaches a material provision of these Terms, the User may terminate this Agreement at any time by closing the User Account on the Platform.
16. Law and Jurisdiction
A. Governing Law and Arbitration
These Terms shall be governed by and construed in accordance with the laws of the Republic of Austria, without regard to the conflicts of laws provisions thereof. The Parties hereby waive (a) any right to sue in any court that would otherwise have jurisdiction, and (b) to have a jury trial. Any and all disputes or controversies arising under or relating to the interpretation or application of the provisions of the Terms or any extension or modification thereof, or the asserted breach thereof by any Party, shall be resolved through final and binding arbitration, as follows:
(i) if you are a resident of the United States of America, any arbitration between you and Music Traveler will be administered in New York City by the American Arbitration Association (the "AAA") under its then-current Commercial Arbitration Rules, as modified by these Terms, and as presided over by a single arbitrator chosen by the AAA; or
(ii) if you are a resident in any other territory, any arbitration between you and Music Traveler will be administered in Vienna, by the International Chamber of Commerce (the "ICC"), under its then-current Rules of Arbitration, as modified by these Terms, and as presided over by a single arbitrator to be chosen by the ICC.
In each situation, any arbitrator so appointed shall be empowered to (a) in addition to awarding actual money damages (but not punitive damages) against the Party found to have violated the Terms, grant in his award, injunctive or other types of equitable relief, (b) enforce specific performance of the Terms, and (c) prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration, shall be final, and may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the Parties, except that each Party shall be responsible for its own attorneys' fees.
B. Class Action Waiver
You hereby agree to waive any class action proceeding or Claim or counterclaim against Music Traveler, its affiliates, successors or assigns, whether at law or equity, regardless of which Party or third party brings suit. This waiver shall apply to any matter whatsoever between the Parties hereto which arises out of or is related in any way to these Terms, the performance of either Party, and/or your (i) use of the Platform, its Content and/or the Services, (ii) use of your Account, (iii) Booking or use of Music Spaces and/or Music Instruments and/or Music Equipment, or (iv) interaction with Hosts or other Users.
From the foregoing, you and Music Traveler hereby agree that neither Party shall bring any action against the other Party as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and Music Traveler otherwise agree, no judge or arbitrator may consolidate more than one person's Claims or otherwise preside over any form of representative or class proceeding.
C. Prior Negotiations and Mediation
The Parties agree to prior negotiate or to mediate any dispute arising under these Terms, before resorting to arbitration. In the event of any such dispute, the Parties, within thirty (30) days of a written request for negotiation and/or mediation, shall initiate negotiations and/or mediation, which shall be conducted in good faith. As part of good faith negotiation and/or mediation efforts, the Parties may appoint a mediator to guide the process. If the Parties are unable to resolve the matter or to agree to a mediator, the Parties shall submit the matter to arbitration.
These Terms and the Services contemplated hereunder are personal to the User and the User shall not have the right or ability to assign, transfer, or subcontract any obligations under the Terms without the written consent of Music Traveler. Any attempt to do so shall be void. Music Traveler shall have the right to assign, transfer, or subcontract any obligations under the Terms, at its absolute sole discretion, without the consent of the User.
All notices under the Terms shall be in writing, and shall be deemed given when (i) personally delivered, or (ii) sent by confirmed telecopy, facsimile or electronic mail (email) or other electronic means, or (iii) three (3) days after being sent by courier or prepaid certified or registered mail to the address of the Party to be given notice, as provided, or in the case of the User, the User address indicated in the User Account, or such other address as such Party last provided to the other by written notice.
The failure of Music Traveler to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Music Traveler. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. In the event that any provision of the Terms shall be determined to be illegal, unenforceable or excessively broad as to duration, geographical scope or activity, then that provision shall be construed so that the remaining provisions of the Terms shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of any Party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction. These Terms (along with the agreements ancillary hereto, and all of the exhibits and schedules attached hereto) contains and constitutes the complete and exclusive agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter hereof, except as specifically set forth herein and therein.
20. Territory-specific Information
This Platform, its Contents and Services, is for use by Users and Hosts in many territories and jurisdictions around the world. Certain specific laws or information may apply to you depending on the territory or jurisdiction in which you reside. Please read the following information in the event it applies to you and your territory or jurisdiction:
California Civil Code Section 1789.3, grants California residents the right to receive the following specific consumer rights notice:
The name, address of the provider of this service is Music Traveler GmbH, Annagasse 1/10, 1010 Vienna, Austria . Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com
For further information on your consumer rights as a California resident, you can reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
21. Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
22. Contacting Music Traveler
If you have any questions about these Terms please contact us at firstname.lastname@example.org
We appreciate your business, visit to, and use of our Platform. As a visitor to our Platform and User of our Services, we consider the privacy of your data and information, whether corporate or personal, to be of fundamental importance and a top priority. Information we gather from you as a User, not only facilitates interactions and transactions between us and you and other Users, but also helps us continually improve your Platform experience.
Information We May Collect From You
We collect the following types of personal information in order to provide you with the use and access to our Platform and our Services:
personal information you provide to us such as your name, title, home and/or business address (billing (if applicable) and/or mailing address), email address, home and/or business phone number, mobile telephone number, wireless and/or fax number, physical contact information
other information, personal or otherwise, such as Music Space and/or Music Instrument and/or Music Equipment characteristics, availability or preference, as applicable, Platform use history and marketing preferences, that you provide to us through questionnaire, correspondence, chats, dispute resolution, or shared by you from other social applications, services, or websites;
additional personal information we ask you to submit to authenticate yourself or if we believe you are violating our Platform policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity);
other supplemental information obtained from third parties such as demographic and navigation data; your program level in their User incentive program and your Music Traveler Account information; and, especially with respect to Hosts, your credit check information, and additional information about you from a credit bureau, as permitted by law;
information from your interaction with our Platform, Services, content and advertising, including, but not limited to, web logs, device ID, device type, geo-location information, computer and connection information, statistics on User behavior, page views, traffic to and from the Platform, ad data, IP address and standard web log information; and
details of interactions, communications and transactions you carry out through our Platform.
Guest Users may be required to provide information to Hosts in the course of Hosts offerings Music Space and other related services. Such information may range between personal and public information and may include, without limitation (i) personal identification, (ii) reasonable professional background information, and (iii) dates of Music Space usage.
Hosts are required to keep information provided by Guest Users confidential, and may be liable to Music Traveler and the applicable Guest User for any breach of confidentiality.
Sharing Information With Our Third Party Payment Processor
Sharing of Information and Registration with Social Media Platforms
We offer and will be offering sign-on Services that allow you to use third party login credentials to access our Platform. We also offer Services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, Youtube and others.
Our primary purpose in collecting personal information is to provide you with access to our Platform and our Services, and provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
where applicable, process transactions between you and us;
process data internally, for instance compile statistical information about your interests and that of other Users in relation to the Services on our Platform;
provide you with information, Services that you request from us or which we believe would interest you in a way that is targeted and relevant;
provide access to our Platform and the Services and User support you request;
carry out contractual obligations based on agreements entered between you and us;
resolve disputes and troubleshoot problems;
prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Terms and Conditions;
customize, measure, and improve our Services, content, and advertising to ensure you have a better User experience on our Platform;
tell you about our Services and those of our corporate family, as well as changes to them;
advise you of forthcoming new Services, Music Spaces and/or Music Instruments and/or Music Equipment, and promotional offers;
deliver targeted marketing, Service updates, and promotional offers based on your communication preferences;
compare information for accuracy, and verify it with third parties;
Please note that if the email address you provide to us is a wireless email address, and you have elected to receive promotional messages from us, you agree to receive messages at such address from us, unless and until you have elected not to receive such messages by following the instructions in the marketing section below. You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the marketing section below. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
We do not sell, trade or lease your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize our Services, content and advertising.
If you do not wish to receive marketing communications from us, you can indicate your communications preference in your Music Traveler Account, or within direct communication channels with us including through means we may seek to contact you such as email, text, SMS or any other messaging service, telephone, fax and by post.
Our Disclosure of Your Information
We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We also share your personal information with:
our affiliates to provide joint content and Services (like registration, transactions, and User support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, sites, applications, tools, services and communications. We shall use this information to send you marketing communications only if you have requested our Services and will use your personal information in compliance with our Privacy Policies and our global privacy standards;
service providers and other third parties that provide products or services for or through our Platform or for our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf) under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, insurance service providers, affiliate and rewards programs, site operations, and co-branded credit cards);
other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific Service) including third party incentive or reward programs in which you may enroll and we may participate, which information shared would be limited;
law enforcement, governmental agencies, authorized third parties, judicial proceedings, including a valid court order in relation to litigation or in response to a verified request relating to criminal investigations or alleged illegal activity or any other activity that may expose us, you, or any other User to legal liability. In such events, we will disclose information relevant and necessary to the investigation, inquiry or court proceedings, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, fraud complaints, Platform use history, and anything else we may deem relevant in that regard;
other business entities which provide offers to select Users through us. When we do this we do not provide those businesses with your name and address, and you have every right to notify us that you are not interested in receiving such offers; and
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Further, other than as set forth above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Information You Share on our Platform
Your User ID is not displayed throughout the Platform (and so is not available to the public), although for our internal purposes and out of the public eye, it is connected to all of your Music Traveler activity. For Guest Users, people you allow to use your Music Traveler Account on the Platform, can see your Host and Music Space and/or Music Instrument and/or Music Equipment selections and usage as well as other related information. Once you select a Music Space and start interacting with a potential Host, the Host can see some of your identifying information. For Hosts, people you allow to follow you on the Platform, can see your Music Space(s) and/or Music Instrument(s) and/or Music Equipment, the price for their use, and some of your identifying information. Notices sent about suspicious activity and policy violations on our Platform refers to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Music Traveler activities.
If you access our Platform from a shared computer, a computer in an Internet café or another person’s mobile phone, certain information about you, such as your User ID, activity, or reminders from Music Traveler, may also be visible to other individuals who use the computer or mobile phone after you.
Our Texting Service
Our Platform has a robust texting service as part of its Services (the “Texting Service”). Through the Texting Service, Guest Users and Hosts can connect and communicate freely. We do not monitor the text messages of Guest Users and Hosts. However, in the unlikely event that we become privy to any leaked messages of Guest Users and/or Hosts, we shall not be responsible or liable for any loss or damage arising from such leaked messages, whether it was caused by a failure of Music Traveler’s systems, an act of Music Traveler’s employees or an act of cyber hacking.
Using Information from Us
We enable you to share personal information using the Platform and our Services. We encourage you to disclose your privacy practices and respect the privacy of other Users. To help protect your privacy, we allow only limited access to other Users' contact and usage information to facilitate connection, interaction and flow of relevant or common information. When Users are involved in connecting with each other, they may have access to each other's name, User ID, email address and other contact information. In all cases, you must give other Users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use User information only for:
User connection-related purposes that are not unsolicited commercial messages;
using Services offered through Music Traveler; or
other purposes that a User expressly chooses.
We use “cookies” (small data files placed within your computing device) on certain of our pages to help analyze our Platform page flow; customize our Services, content and advertising; measure promotional effectiveness, and promote trust and safety. Cookies track your movement on our Platform, including what you view, your transactions and what you purchase. They essentially serve to improve and personalize your experience on our Platform.
A few important things you should know about our use of these technologies are:
most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session;
you are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our Platform or Services;
you may encounter cookies from third parties, known as service providers, that we have allowed on our Platform that assist us with various aspects of our Platform operations and services; and
you also may encounter cookies from third parties on certain pages of our Platform that we do not control and have not authorized. (For example, if you view a Platform page created by another User, there may be a cookie placed by that page).
We may use "clear GIFs" (also known as "web beacons" or "pixel tags") or similar technologies, in the Platform and/or in our communications with you, to enable us to evaluate Platform usage information about visitors to our Platform, target campaigns, upgrade visitor information, and know whether you have visited a Platform page or received a message. A clear GIF is typically a one-pixel transparent image (although it can be a visible image as well), located on a Platform page or in an email or other type of message, which is retrieved from a remote site on the Internet thus enabling the verification of an individual's viewing or receipt of a Platform page or message. A clear GIF may enable us to relate your viewing or receipt of a Platform page or message to other information about you, including your personal information.
IP Address and Clickstream Data
Our server automatically collects data about your server's Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that's automatically assigned to your computer by your Internet service provider whenever you're on the Internet. When you request pages from our Platform, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our Users as a whole. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on our Platform; the website or mobile application you visit after our Platform; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Platform or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, to administer our Platform, and to customize your User experience. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your personal information.
Any or all of these activities with regard to Platform usage information may be performed on our behalf by our services providers, including, for example, our analytics vendor(s) and our email management partner(s).
No Spam, Spyware or Spoofing
We and our Users do not tolerate spam. Make sure to set your Music Traveler communication preferences so we communicate to you as you prefer. You are not licensed to add other Users to your mailing list (email or physical mail) without their express consent. To report Music Traveler-related spam or spoof emails to Music Traveler, please forward the email to email@example.com.
You may not use our communication tools to send spam or otherwise send content that would violate our Terms and Conditions. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks, and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send email messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the email address from which the email appears to have been sent, and the domain name of the website requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as “phishing.”
We will never request your password or social security number via email. If you receive an email or other correspondence requesting that you provide any sensitive information (including your Platform password or credit card information) via email or to a website that does not seem to be affiliated with our Platform, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us.
Accessing, Reviewing and Changing Your Personal Information
Your password is the key to your Music Traveler Account. Use unique numbers, letters, and special characters, and do not disclose your Music Traveler password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your Music Traveler Account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Music Traveler and change your password.
You can see, review, and change most of your personal information by signing on to Music Traveler. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your Music Traveler Account and remove your personal information from view as soon as reasonably possible, based on your Music Traveler Account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take other actions otherwise permitted by law.
How we Protect and Store Personal Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your Music Traveler Account profile settings. We retain information as long as it is necessary and relevant for our operations or for as long as is expressly agreed between you and us. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms and Conditions and take other actions permitted by law.
Although we try our best to protect the security and integrity of your personal information against both unauthorized physical and electronic access, we cannot guarantee that information during transmission through the Internet or any computer network is entirely safe from unauthorized intrusion, access or manipulation. We will make your sensitive information available to our employees and agents on a need-to-know basis. Nonetheless, we will have no liability for disclosure of information to anyone due to errors or unauthorized acts of third parties during or after transmission. In any event, where we believe personal data has been compromised, we will notify you of this.
Please note that it is important for you to protect against unauthorized access to your password and your computer. You agree to (a) immediately notify us of any unauthorized use of your password or Music Traveler Account or any other breach of security, and (b) ensure that you exit from your Music Traveler Account at the end of each session, especially where you are accessing our Platform on a public computer. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your Music Traveler Account, and notify us when you desire to cancel your Music Traveler Account on our Platform. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Right to a Copy
You have a legal right to request and obtain a copy of the information we hold about you. This includes information on how this will be used and to ensure this information is accurate. You may review and edit the personal information that is stored in your Music Traveler Account on our Platform. You may send us new or updated information at any time. Taking into account the foregoing, we will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. In addition, you have the right to request access to the personal information that we hold about you at any time.
If your privacy questions are not answered online, you may write to us at: Music Traveler, Attn:
Music Traveler GmbH
1010 Wienor using the Contact Us form, or email us at firstname.lastname@example.org.
Effective date: September 21, 2017
EUR 1 per booking (paid by the user) covers Music Traveler against all liabilities that may arise due to an indeliberate accident during the use of the host’s premises (e.g. spilling liquid over an instrument, smashing a music stand, etc.) up to an amount of EUR 100,000. and up to EUR 2,000 for general inventory (e.g. music stand, coffee machine, etc.)
The instruments and general contents are insured against physical loss or physical damage occurring during the period of insurance while at the named location(s) or within the territorial limits specified, subject to the following exclusions, basis of settlement and conditions:
This Policy on the General Data Protection Regulation (GDPR), applies to only those Users based in the European Union (EU) member states and the United Kingdom, or who are subject to EU law in relation to personal data we collect from them.
The GDPR is the new comprehensive EU legislation on the protection of personal data and its free movement, which shall come into effect on May 25, 2018. The law intends to create uniform data privacy and protection laws throughout the EU member states and clarify, strengthen and elevate the rights of EU citizens and residents in relation to protecting their personal information. The GDPR applies to us in relation to any offers of products and services we make to you and any personal data we collect from you.
The information that is protected by the GDPR is “personal” and “sensitive personal” data. Personal data includes information such as your name, mailing address, e-mail address, financial information, photos and videos and online identifiers such as IP address and cookies.
GDPR requires that we follow privacy principles outlined in Article 5 of the GDPR and comply with at least one of the personal data processing conditions (see Privacy Principles and Personal Data Processing Conditions, below).
We generally do not collect sensitive personal data which includes, without limitation, information such as racial or ethnic origin, political opinions, religious, or philosophical beliefs, trade union membership, genetic, biometric and health data. GDPR requires that if we did or if we do, we should follow privacy principles outlined in Article 9 of the GDPR and comply with at least one of the personal data processing conditions relevant to sensitive personal data.
The six (6) privacy principle we must comply with in relation to your personal data are: (i) the collection must be processed lawfully, fairly and in a transparent manner; (ii) collection of personal data must be for specific, explicit and legitimate purposes, and not further processed in a manner that is incompatible with those purposes; (iii) collected personal data must be minimized to that which is adequate and relevant for the purpose for which it is processed; (iv) collected personal data must be accurate, and where necessary, kept up to date; (v) the personal data collected must be kept only for as long as is necessary for the purpose for which the data collected are processed, and removed thereafter; and (vi) the personal data collected must be processed in a manner that ensures appropriate security of the personal data.
Personal Data Processing Conditions
Personal data processing under the GDPR must satisfy at least one of the following conditions: (i) your consent must be obtained; (ii) the personal data must be necessary for the performance of a contract to which you are a party or as a preparatory step prior to entering into the contract; (iii) the personal data processing is necessary for compliance with a legal obligation; (iv) the personal data processing is necessary to protect your vital interests or of another person; (v) the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; and (vi) processing is necessary for the purpose of legitimate interest pursued by us or a third party, except when such interests are overridden by your rights and freedoms.
As your personal data controller, we are required to conduct data privacy impact assessments, obtain appropriate consent from you (which consent you may withdraw at any time) before collecting your personal data, implement privacy by design (as explained below), and to respect the eight (8) rights of users.
Data Privacy Impact Assessments
In order to continually safeguard the protection of your data, when necessary, as determined at our discretion, we will conduct data processing impact assessments to evaluate our data protection processes and systems with an outlook toward perpetual improvement.
Going forward, in such situations where we shall be requesting (i) your personal data such as your name, e-mail address or date of birth, afresh or for the first time, we shall request your clear, unambiguous affirmative consent beforehand, and (ii) your sensitive personal data afresh or for the first time, we shall request your explicit consent.
Privacy By Design
Your Data Rights
The eight (8) rights that you as the user have under the GDPR with regards to when your personal information is collected, include, the right (i) to receive transparent information about data processes; (ii) of access to one’s own personal data; (iii) of correction and amendment of personal data; (iv) to expunge personal data; (v) to curtail and restrict personal data processing; (vi) to use personal data for other purposes; (vii) to objection of the processing of personal data; and (viii) in relation to protection of personal data from automation processes.
Data Processor Requirements Under the GDPR
We utilize the services of certain data processors such as Google Analytics. In some respects we may be considered as acting as a data processor. The GDPR recognizes the responsibility of data processors to maintain, secure and process collected personal data. Going forward, our data processors will be required to (i) keep and maintain written records for such data processing they carry out for us, (ii) put in place appropriate security measures in relation to the protection of your personal data, and (iii) notify us as soon as possible of any data breaches that occur, which information we are in turn required to pass on to you. To the extent that, at any time or from time to time, we may be considered to be acting as data processors, we shall endeavor to comply with this requirement.
In case you have any questions regarding your personal data and the application of the GDPR, please contact us email@example.com and we shall be happy to assist you.