GTC and Data Protection Policy
Welcome to the Online Sites of DMD2. We are happy that you use our Websites.
Data Protection Policy
This data protection policy explains how Digital Media Distribution AG, Bernstrasse 99, 3122 Kehrsatz, Switzerland, (‘we’ or ‘DMD2’) processes personal data when you visit our websites, dmd2.com, instore.fm, spot.fm, hotelradio.fm, christmasradio.fm and radiotell.ch (‘websites’), use our mobile apps or disclose personal data to us by other means. Changes to this data protection policy will be published immediately on our website at dmd2.com/en/privacy.
Privacy protection and personal data security are important matters to us and ones that we take into account in all our business processes at all times. As a result, we always treat your personal data confidentially and in compliance with statutory provisions.
We also respect the Children’s Online Privacy Protection Act (www.coppa.org). Our websites, mobile apps and services are not intended for children under the age of 13. If you believe that we are processing the data of a child under the age of 13, please inform us.
If we process information about you, we will inform you of this data processing, its legal basis, transmission of data to third parties, duration of data storage and your rights. We will do this in comprehensible language in advance or as quickly as possible. We will never process your personal data for any purposes except those for which we collected it from you or for which you have subsequently given your consent. In addition, we will take appropriate measures to verify the accuracy and completeness of data and will not sell or transmit your personal data to third parties by any means without your consent. Our service providers, which help us to operate our website and perform our services and with which we have concluded non-disclosure agreements, are an exception to this rule.
We take appropriate technical and organisational security precautions to protect your personal data against manipulation, loss, destruction and unauthorised access or disclosure. Despite these efforts, we cannot guarantee that your personal data is secure, and thus such data is transmitted at your own risk.
To ensure the availability of our websites and services, we use back-up systems in the EU and the US to store additional copies of your personal data. In addition, some of our service providers are located in foreign countries, particularly in the US, and so it is possible that your personal data could be transferred to these countries. The EU has determined, however, that the countries in question have appropriate laws to protect your personal data. More information on this can be found here.
We process your personal data only for as long as we need it for the stated purpose. If we process your personal data on the basis of your consent, we will stop processing it immediately as soon as you revoke your consent. In other cases, we will erase your personal data after 10 years unless we still have a legal basis (such as contract processing, accounting and declaration duties, etc.) or a specific business interest in continuing to store or process relevant personal data.
We process data related to your use of our websites (such as your IP address, location, browser, operating system, referrer URL, the duration of your visit, pages you open, files, videos and music you download, links you click, search terms, navigation paths and information on the time of day, frequency and patterns of website use). If your visit is the result of online advertising (such as banner ads, search engine ads, etc.), we will record which element motivated you to visit the website. In addition, our websites use small text files that are saved to your computer (‘cookies’). You can choose your cookie preferences in ‘Show details’:
- Level 1: At this level, only those cookies that are absolutely necessary to run the website (such as for your shopping basket) are enabled. This level also uses session cookies for anonymised access, which are deleted when you close your web browser. This level is the default setting.
- Level 2: At this level, we store cookies permanently on your computer so that your preferences are met when you next visit our websites.
- Level 3: At this level, you can give us permission to use your data for statistics and marketing purposes.
Most web browsers allow you to block or delete cookies. More information on this is available in your browser’s help menu. If you block cookies, some of the functions on our websites may no longer be available to you.
We process your personal data for the exclusive purpose of monitoring, securing, improving and adapting our websites and services to your needs. This data processing takes place on the basis of our legitimate interest in operating our websites and offering our services, and on the basis of your consent, which you can revoke at any time.
Our mobile apps are configured by default to process only a minimum of personal data. You can view and change the current settings on your mobile device at any time. We might receive the following personal data when you load one of our mobile apps on your mobile phone: IP address, device and card identification (IMEI, UDID, IMSI, MAC address), mobile phone number (MSISDN), phone name, location data, photos, videos, audio files, biometric data (such as your fingerprint), usage data and contact data, calendar entries, registration data, call histories, messages or bank account information.
With some of our mobile apps, you can choose whether to share your location data with us. We use this information to publish a map on our websites to show where our mobile apps are being used. An impersonal signet is used to indicate each location.
This data processing is based on statutory authorisation of contract execution and the fulfilment of legal obligations, or on your consent, which you can revoke at any time. Further information about data protection law can be found in the general terms and conditions of your app store or the data protection policy of the relevant service provider.
Without your express consent, we will process your subscription data and other contractual data exclusively to meet contractual and statutory obligations. If you subscribe to a newsletter, we will send you an email to confirm your subscription. Then we will inform you of our services and news. You can cancel your subscription at any time via a link at the bottom of the newsletter. Three years after you subscribe, we will ask you to reconfirm your subscription. If you subscribe to a free trial of one of our services, we will need your contact information and an email address. We store this personal data in order to identify you if you send us another request. This data processing is based on the legal basis of contract processing and meeting legal obligations or on your consent, which you can revoke at any time.
If you interact with us on our website or by another means (such as a contact form, email, creation of a user account or participation in competitions or surveys), we require your email address and in some cases other additional contact data, which we store on our servers. We use this data and its associated metadata to process your request, for subsequent correspondence with you and for general customer service. This data will be passed on or published only with your consent. We assume this if, for example, you leave a message in the guestbook on our websites or a comment on one of the blog posts. This processing of personal data is based on statutory authorisation of contract execution and fulfilment of legal obligations, or on your consent, which you can revoke at any time.
To provide our websites and services, we work with service providers that sometimes use session cookies to fulfil their tasks. Session cookies store information temporarily during your website visit. This data is deleted when you close your web browser. In addition, some service providers process personal data on our behalf:
- PayPal: To process orders placed on our websites, we use PayPal Inc., 2211 North First Street, San Jose, CA, US (paypal.com). To settle the financial transaction, your order information is passed on to PayPal and stored on PayPal’s servers, which may be located abroad. Information on PayPal’s data protection policy can be found here.
- Google Analytics: For anonymised tracking on our websites, we use Google Analytics from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, US. Tracking data (including your IP address) is anonymised to prevent association of this data with a specific user. The information is transferred to a Google server in the US, where it is stored. Google uses this information to analyse your website use, to create reports about your website activities and to provide other services related to website and internet use. Google may also transfer this information to third parties if this is prescribed by law or if third parties process this data on Google’s behalf. Information on Google’s data protection policy can be found here.
- Newsletter mailings: To send newsletters, we use Mailchimp from Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, US. Your email address will be stored on its servers and used exclusively to send newsletters. Information on Mailchimp’s data protection policy can be found here.
- Facebook: Websites contain plug-ins from Facebook Inc., Palo Alto, CA, US. They feature the Facebook logo or say ‘Facebook’, ‘Like’ or ‘Share’.
- Twitter: Websites contain plug-ins from Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, US. They feature the Twitter logo or say ‘Tweet’.
- Vimeo: Websites contain plug-ins from Vimeo, Inc., 555 West 18th Street, New York, NY 10011, US, which enable you to play audio and video files.
- YouTube: Websites contain plug-ins from YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, US, which enable you to play audio and video files.
- Instagram: Websites contain plug-ins from Instagram LLC, 1601 Willow Rd, Menlo Park, CA 94025, US, which enable you to display images and videos.
- SoundCloud: Websites contain plug-ins from SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany, which enable you to play audio and video files. They feature the SoundCloud logo.
We exercise great care when creating our websites, mobile apps and services. However, we cannot guarantee that their content is accurate and correct, and we exclude any warranty or liability relating to the use of our websites, mobile apps and services. In addition, our websites and mobile apps contain links to third party websites. When you click such a link, we no longer have any influence on the processing of personal data by these third parties, and we exclude any warranty or liability relating to this. The current data protection policy does not apply to such linked websites.
We are happy to provide you with information on whether and which personal data of yours we process. In addition, you can assert your right to correct, block or erase your personal data within the scope of applicable statutory provisions. Please direct any queries in relation to data protection to the following postal or email address: Digital Media Distribution AG, Bernstrasse 99, 3122 Kehrsatz, Switzerland, firstname.lastname@example.org. European supervisory authorities with queries in relation to data protection can also contact our EU representative: VGS Datenschutzpartner UG, Am Kaiserkai 69, 20457 Hamburg, Germany.
We will review your query and then contact you. If your issue cannot be settled in this manner, you can submit a complaint to the responsible data protection authority at any time. More information on this can be found on the website of your data protection authority.
General Terms & Conditions (GTC)
You can download our GTC here: (PDF):