Please note: This page is an automated translation of the legal text which was originally written in German and can be found here. Only the German version of this text is legally binding. Court of jurisdiction: Vienna, Austria
SELF-SELECTED COMPANY NAME
HEAR VR NOW
Mag. Matthias Kaßmannhuber
echo [at] hearvrnow [dot] com
+ 43 650 5712216
DISCLOSURE ACCORDING TO MEDIA LAW
The website of HEAR VR NOW contains only a presentation of its own products and services and advertising for HEAR VR NOW's own products and services.
DATA FOR ONLINE DISPUTE RESOLUTION
Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr. You can also address any complaints to the above email address.
Christoph Alexander Gratzer
The rights of use for photos and videos belong to the respective authors. Unlawful use will be punished.
In this data protection declaration we inform you about the type, scope and purpose of the processing of personal data (hereinafter also: "data") within our online offer and the associated websites, functions and contents as well as external online presences, such as our social media presence (hereinafter jointly referred to as "online offer").With regard to the terms used in this data protection declaration, such as "personal data" or "processing", we refer to the corresponding definitions in Art 4 of the General Data Protection Regulation (GDPR).
"HEAR VR NOW"
Mag. Matthias Kaßmannhuber
E-mail: echo [at] hearvrnow [dot] com
Phone: +43 650 5712216
Mag. Matthias Kaßmannhuber
Email: echo [at] hearvrnow [dot] com
Phone: +43 650 5712216
Indication of the processed data
First names, last names
Contact details (email addresses, telephone numbers)
Usage data (e.g. websites visited, interest in content, access times)
Meta / communication data (e.g. device information, IP addresses)
Alias names in social media
Credit card details
Processing of special categories of data (Art 9 Paragraph 1 GDPR)
No special categories of data are processed.
Categories of persons affected by the processing:
Visitors and users of our online offer
Customers who place orders or make inquiries regarding the goods / services offered (in the following, the persons concerned are collectively referred to as "users")
Purposes for which the data are processed:
Provision of the online offer, its content and functions
Provision of contractual services
Service and customer care
Answering contact inquiries and communicating with users
Legal basis of our data processing:
If the legal basis is not mentioned in the data protection declaration, the following applies:
The legal basis for obtaining consent is Art 6 Paragraph 1 lit a or Art 7 GDPR. The legal basis for the processing to fulfill our services and to carry out pre-contractual measures as well as to answer inquiries is Art 6 Paragraph 1 lit b GDPR. The legal basis for processing in order to fulfill our legal obligations is Art 6 Paragraph 1 lit c GDPR. The legal basis for processing in order to safeguard our legitimate interests or those of a third party is Art 6 Paragraph 1 lit f GDPR.
On the legitimate interests if the processing is based on Art 6 Paragraph 1 lit f GDPR:
There is a relevant and appropriate relationship between the data subject and the data controller, as the data subject is a customer of the data controller. In accordance with recital 47 GDPR, at the time the data is collected and in view of the circumstances under which it takes place, the data subject can reasonably foresee that processing will take place for these purposes.
In accordance with Art 32 GDPR (taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons), we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.
Recipients / categories of recipients of the data:
- Webflow, Inc., processor for the purpose of hosting our website and handling our online shop
- Stripe, Inc., processor for the purpose of performing payment services for the online shop
- PayPal (Europe) S.à.r.l. et Cie, S.C.A., processor for the purpose of providing payment services for the online shop
If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of a corresponding permission, such as that according to Art 6 Paragraph 1 lit b GDPR is required to fulfill the contract, you have consented, a legal obligation provides for this or on the basis of our legitimate interests.If we commission third parties to process data on the basis of a data processing agreement, this is done on the basis of Art 28 GDPR.
If you send us inquiries via the contact form, SMS / messenger, email or our social media accounts, your details, including the contact details you provided there, will be used to process the request and, in the event of follow-up questions, to process the contact request and their processing in accordance with Art 6 Paragraph 1 lit b GDPR.
We delete the inquiries if they are no longer required. We review the requirement every 12 months.
Duration of storage / deletion:
Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. We will not store data longer than is necessary to fulfill our contractual or legal obligations and to defend against any liability claims.The user's IP address is stored for the purpose of IT security for a period of 31 days.If the order process is canceled, the data stored by us will be deleted. We store contract data for a period of three years and three months (limitation period of three years according to § 1486 ABGB plus possible duration of the delivery of a possible lawsuit of three months) and invoice data for a period of seven years (statutory retention period according to § 132 para 1 BAO ) on the basis of the legal bases mentioned.
Provision of contractual services
We process inventory data (e.g. names and addresses as well as contact details of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art 6 Paragraph 1 lit b GDPR.The entries marked as mandatory in online forms are required for the conclusion of the contract.Goods and / or services can be ordered. If users place orders, we process the inventory data provided by users (e.g. names and addresses as well as user contact details) as well as the contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art 6 para 1 lit b GDPR.As part of the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art 6 Paragraph 1 lit c GDPR.
Collection of access data and log files
We collect data on every access to the server on which this service is located ("server log files") on the basis of our legitimate interests within the meaning of Art 6 Paragraph 1 lit f GDPR. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting one Provider.For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of 31 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.Online presence in social networks (social media)We operate online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of the respective operator apply.Unless otherwise stated in our data protection declaration, we process the data of the users if they communicate with us within the social networks and platforms, e.g. write posts or comments on our online presence or send us messages.
- Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this online offer.
- Cookies are information that is transferred from our web server or third party web servers to the user's web browser and saved there for later retrieval. Cookies can be small files or other types of information storage.
- We use "session cookies", which are only stored for the duration of the current visit to our online presence. A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. A cookie also contains information about its origin and the storage period. These cookies cannot save any other data. Session cookies are deleted when you have finished using our online offer or when you close your browser.
- If users do not want cookies to be stored on their computer, users can deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
- If cookies are deactivated, the functionality of our website may be restricted.
In addition to our website, cookies are set by the following services when you use our online offer:
This website uses Google Analytics, a web analysis service from Google LLC (“Google”). For the European area, Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) is responsible for all Google services. Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by clicking on the following link (http: // tools.google.com/dlpage/gaoptout?hl=de) download and install the available browser plug-in.
This website uses Google reCAPTCHA, a web analysis service from Google LLC (“Google”). For the European area, Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland) is responsible for all Google services. Google reCAPTCHA is primarily used to differentiate whether an input is made by a natural person or is improperly made through machine or automated processing. The service includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art 6 Paragraph 1 lit f GDPR on the basis of our legitimate interest in determining individual responsibility on the Internet and avoiding misuse and spam. When using Google reCAPTCHA, personal data may also be transmitted to the servers of Google LLC. come in the US.
Further information on Google reCAPTCHA and Google's data protection declaration can be viewed at: https://www.google.com/intl/de/policies/privacy/
Further information about DoubleClick by Google can be found at www.google.de/doubleclick and support.google.com/adsense/answer/2839090.
This website uses external fonts from Typekit. Typekit is a web font service from Adobe Inc. (“Adobe”). Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Park, Dublin 24, Ireland) is responsible for Europe. The web fonts are integrated by means of a script that downloads the required font from an Adobe server. Cookies are placed when using Adobe Typekit.Further information on this service can be found in the corresponding data protection provisions, which you can access here: https://www.adobe.com/at/privacy/policies/adobe-fonts.html
On our website we offer payment via Stripe, among other things. The provider of this payment service is Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA (hereinafter “Stripe”).
If you choose to pay via Stripe, the payment details you have entered will be transmitted to Stripe.
Details on Stripe's data protection provisions can be found at the following link: https://stripe.com/at/privacy
In principle, you have the right to information, correction, deletion, restriction, objection and data portability. If the processing of the data is based on Article 6 (1) (a) or Article 9 (2) (a), you have the right to withdraw your consent at any time without affecting the legality of the processing carried out on the basis of the consent up to the point of withdrawal You can object to the use of your personal data for the purpose of direct advertising at any time and without giving reasons to the person responsible. The objection means that your personal data will no longer be processed for this purpose in the future.If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated, you can complain to the supervisory authority. In Austria this is the data protection authority (Barichgasse 40-42, 1030 Vienna).
We ask you to inform yourself regularly about the content of our data protection declaration. As soon as changes to the data processing carried out by us make this necessary, we will adapt the data protection declaration. We will inform you immediately as soon as the changes require your cooperation (e.g. consent).
Status: November 03, 2020
This license agreement represents the contractual basis for the purchase of sound files and samples (hereinafter jointly referred to as "Sounds") from the "Spatial Audio Ambiences Shop" (hereinafter "Shop"). This license agreement regulates the legal relationship between you ( hereinafter also "customer") and the licensor Matthias Kaßmannhuber (hereinafter "HEAR VR NOW"). Both together are also referred to as the "parties" in the following.
HEAR VR NOW offers sounds in various versions for download in the shop available on the hearvrnow.com website. A license fee must be paid for each individual sound. The prices listed on the website include the statutory sales tax. The download of the sounds is only possible if the customer expressly agrees to and agrees to this license agreement. The sounds can be downloaded by the customer after payment.
During the ordering process, before clicking the “Place Order” button, the customer can change his order. By clicking the “Add to Cart” button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contract offer. By clicking the button “Continue to Checkout” or “Buy Now”, the customer comes to a form where he has to enter his data. By clicking on the “Place Order” field, the customer submits a binding offer to conclude the contract with HEAR VR NOW. After a successful payment process, HEAR VR NOW provides the customer with a download link by email. The license fee cannot be refunded after receipt of payment.
During the ordering process, the customer must confirm that he has read and accepted this license agreement. This license agreement is available on the hearvrnow.com website and can be printed out by the customer. The customer must be a natural person or a legal person. Licenses for multiple users and workstations cannot be acquired with this license agreement. A separate agreement is required for this after prior contact at echo [at] hearvrnow [dot] com.
The sounds are works that are protected by copyright within the meaning of Section 1 Paragraph 1 UrhG (Federal Act on Copyright in Works of Literature and Art and on Related Rights). The sounds enjoy copyright protection as a whole and in their parts in accordance with Section 1, Paragraph 2 of the Copyright Act. All sounds are free of collecting society. HEAR VR NOW is the author of the sounds (§ 10 UrhG). With the conclusion of the present license agreement, HEAR VR NOW grants the customer a non-exclusive license to use the work in accordance with Section 24 (1) 1st sentence UrhG (hereinafter also “license”).
A license only authorizes the respective customer and thus only a single user and workstation (computer) to use the respective sounds. The license is non-transferable, neither for a fee nor for free. The customer is not permitted to pass the sound on to third parties in isolation, neither in its original form in which he received it from HEAR VR NOW, nor in a shortened form.
The license is unlimited in terms of time and territory. The isolated use of the sounds without embedding in a production or project is not permitted. The license entitles the customer to embed and use the sounds in their own productions or projects in accordance with Section 8 of this agreement.
When embedding in a production or a project of the customer, the customer is authorized to exploit the sounds according to §§ 14 ff UrhG, i.e. he is - without limitation to individual media or formats - authorized to reproduce (§ 15 UrhG), to distribute (Section 16 UrhG), for renting and lending (Section 16a UrhG), for broadcasting (Section 17 UrhG), for presenting, performing and demonstrating (Section 18 UrhG) as well as for interactive provision (Section 18a UrhG).
The customer will indemnify HEAR VR NOW from any liability in connection with the use of the sounds by the customer or by third parties who receive the sounds from the customer and hold HEAR VR NOW completely harmless and harmless.
The exclusive place of jurisdiction for all disputes arising from this agreement is Vienna.Austrian law shall apply to this contract, excluding its reference norms.
This agreement contains all existing agreements between the parties. Changes and additions to this agreement including this point require the written form and the signature of both contracting parties.
If individual provisions of this agreement are or become invalid or unenforceable, the remainder of the agreement shall remain unaffected. These provisions are deemed to be replaced by valid and enforceable provisions that most closely achieve the economic purpose intended by the parties.