DATA PROTECTION

According to § 5 TMG

Studio M

Mario Baumann

Müseggweg 5

8915 Hausen am Albis

Contact

We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

Liability for content

As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity.

Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.

Liability for links

Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created.

A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.

The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. If you should nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. If we become aware of legal violations, we will remove such content immediately.

Data protection

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data are all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

Data collection on our website

Who is responsible for data collection on this website?

The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website.

How do we collect your data?

On the one hand, your data is collected when you communicate it to us. This can be, for example, data that you enter in a contact form.

Other data are automatically recorded by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter our website.

What do we use your data for?

Some of the data is collected in order to ensure that the website is error-free. Other data can be used to analyze your user behavior.

What rights do you have with regard to your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of data protection. You also have the right to lodge a complaint with the competent supervisory authority.

You also have the right to request that the processing of your personal data be restricted under certain circumstances. Details can be found in the data protection declaration under “Right to restriction of processing”.

Analysis tools and third-party tools

When you visit our website, your surfing behavior can be statistically evaluated. This is done primarily with cookies and so-called analysis programs. Your surfing behavior is usually analyzed anonymously; surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. You can find detailed information on this in the following data protection declaration.

You can object to this analysis. We will inform you about the possibilities of objection in this data protection declaration.

2. General information and mandatory information

data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data are data with which you can be personally identified. This data protection declaration explains which data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible body

The responsible body for data processing on this website is:

Studio M, Mario Baumann, info@mariobaumann.com

The responsible body is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke your consent at any time. An informal e-mail to us is sufficient. The legality of the data processing carried out before the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

If the data processing takes place on the basis of Art. 6 Paragraph 1 lit. e or f GDPR, you have the right to object to the processing of your personal data at any time for reasons that arise from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your personal data concerned, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims ( Objection according to Art. 21 Paragraph 1 GDPR).

If your personal data are processed in order to operate direct mail, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object, your personal data will then no longer be used for direct marketing purposes (objection according to Art. 21 Paragraph 2 GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, the data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done if it is technically feasible.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the website operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line.

If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

Information, blocking, deletion and correction

Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, their origin and recipient and the purpose of the data processing and, if necessary, a right to correct, block or delete this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of personal data.

Right to restriction of processing

You have the right to request that the processing of your personal data be restricted. You can contact us at any time at the address given in the legal notice. The right to restriction of processing exists in the following cases:

if The correctness of your personal data stored by us dispute, we usually need time to review. For the During the test, you have the right to restrict processing To request your personal data.
if the processing of your personal data was unlawful / happens, instead of deleting it, you can restrict the Request data processing.
if we no longer need your personal data, but you do Need to exercise, defend or assert legal claims, you have the right to restrict processing instead of deletion To request your personal data.
if If you have lodged an objection in accordance with Art. 21 Paragraph 1 GDPR, a Weighing up your interests and those of ours. So long it has not yet been determined whose interests prevail, you have the right the restriction of the processing of your personal data desire.

If you have restricted the processing of your personal data, these data - apart from their storage - may only be used with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest processed by the European Union or a member state.

3. Data collection on our website

Some of the internet pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when you close the browser. If cookies are deactivated, the functionality of this website may be restricted.

Cookies that are required to carry out the electronic communication process or to provide certain functions you require (e.g. shopping cart function) are stored on the basis of Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. If other cookies (e.g. cookies for analyzing your surfing behavior) are stored, these will be treated separately in this data protection declaration.

contact form

If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.

The processing of the data entered in the contact form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke this consent at any time. An informal e-mail to us is sufficient. The legality of the data processing operations carried out before the revocation remains unaffected by the revocation.

The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Inquiries by email, phone or fax

If you contact us by e-mail, telephone or fax, your request, including all personal data derived from it (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

This data is processed on the basis of Article 6 (1) (b) GDPR, provided that your request is related to the performance of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 Para. 1 lit. a GDPR) and / or on our legitimate interests (Art. 6 Para. 1 lit.f GDPR), as we have a legitimate interest in the effective Processing the inquiries sent to us.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

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General terms and conditions (Studio M, Mario Baumann, Müseggweg 5, 8915Hausen am Albis) for entrepreneurs

§ 1 Scope

(1) All deliveries, services and offers from Studio M, Mario Baumann take place exclusively on the basis of these general terms and conditions. These are part of all contracts, the Studio M, Mario Baumann concludes with his contractual partners (hereinafter also referred to as "customer") about the deliveries or services offered by him. They also apply to all future deliveries, services or offers to the client, even if they are not separately agreed again.

(2) Terms and conditions of the customer or third parties do not apply, even if Studio M, Mario Baumann does not specifically contradict their validity in individual cases. Even if Studio M, Mario Baumann Refers to a letter that contains or refers to terms and conditions of the customer or a third party, does not constitute consent to the validity of those terms and conditions.

§ 2 Services by Studio M, Mario Baumann / cooperation of the customer

(1) Studio M, Mario Baumann provides music producers and recording studio operators with individual and standardized consulting services with a focus on online marketing. Unless expressly agreed otherwise in writing, Studio M, Mario Baumann does not owe the customer the provision of a work / concrete success.

(2) The customer must always carry out the cooperation activities incumbent on him in full and in due time upon first request. If the customer fails to cooperate and thus prevents the provision of services by Studio M, Mario Baumann , the remuneration claim of Studio M, Mario Baumann remains unaffected.

(3) With regard to the services to be provided by Studio M, Mario Baumann to the customer, Studio M, Mario Baumann is entitled to a right to determine the performance according to § 315 BGB.

(4) Studio M, Mario Baumann is entitled to have the services owed to the customer performed by vicarious agents / subcontractors and other third parties.

(5) Any budget for the customer's necessary marketing campaigns is not included in the remuneration of Studio M, Mario Baumann

§ 3 Conclusion of contracts

(1) The contract between Studio M, Mario Baumann and the customer can be concluded by telephone or in writing and text form. Conclusions of contracts by telephone are recorded by Studio M, Mario Baumann after the customer has given his / her consent.

(2) If the contract is concluded by telephone, the customer will receive an order confirmation from Studio M, Mario Baumann , which, however, is not constitutive for the conclusion of the contract.

§ 4 Payments, Prices, Conditions

(1) The prices stated and communicated by Studio M, Mario Baumann are binding. The stated prices are net plus statutory sales tax, provided this is levied.

(2) Studio M, Mario Baumann's services are paid immediately after the invoice has been issued. Remuneration for the services of Studio M, Mario Baumann is due when the contract is concluded, unless the offer from Studio M, Mario Baumann is otherwise. A (SEPA) direct debit authorization granted to Studio M, Mario Baumann also applies to further business relationships until revoked.

(3) If SEPA direct debit is agreed upon by telephone or online contracts with Studio M, Mario Baumann , the customer has to issue Studio M, Mario Baumann with a written SEPA direct debit mandate in addition to the verbally given consent after the conclusion of the contract. The template in the appendix to these terms and conditions must be used for this.

(4) Studio M, Mario Baumann issues the customer a proper invoice that shows the value added tax (if applicable) (if necessary by vicarious agents).

(5) In the event that agreed direct debits cannot be withdrawn from the customer's account and a reversal is made, the customer is obliged to pay the amount owed within three working days of the reversal to Studio M, Mario Baumann to transfer and to assume the costs caused by the chargeback.

(6) Offsetting with counterclaims is mutually only permissible if the other contractual partner has recognized the offset or if it has been legally established. The same applies to the exercise of a right of retention by a contracting party.

§ 5 Termination, Term

(1) The contract term is determined individually by the parties in the main contract.

(2) Any free termination rights of the customer are excluded.

(3) Terminations must be made in writing to be effective.

(4) The right to extraordinary termination remains unaffected.

§ 6 Default / extraordinary termination

(1) Deadlines for the provision of services by Studio M, Mario Baumann do not begin before the invoice amount has been received by Studio M, Mario Baumann and, as agreed, the data necessary for the services are available in full at Studio M, Mario Baumann or the necessary cooperation activities have been performed in full .

(2) If the customer is in arrears with due payments, Studio M, Mario Baumann reserves the right not to carry out further services until the outstanding amount has been settled.

(3) If, in the case of payment in installments, the customer is in arrears with at least two payments due to Studio M, Mario Baumann , Studio M, Mario Baumann is entitled to extraordinary termination of the contract and to discontinue the services. Studio M, Mario Baumann will claim the entire remuneration, which is due by the next regular termination date, as compensation.

§ 7 fulfillment

(1) Studio M, Mario Baumann will perform the agreed services according to the offer with the necessary care. Studio M, Mario Baumann is entitled to use the help of third parties without restriction.

(2) The customer is aware that Studio M, Mario Baumann unless otherwise expressly agreed in writing, owes the provision of services and not the production of a work. At the customer's request, Studio M, Mario Baumann will provide information about the services provided under the contract within a reasonable period of time.

(3) If Studio M, Mario Baumann is prevented from providing the agreed services and the reasons for the hindrance originate from the sphere of the customer, the remuneration claim of Studio M, Mario Baumann remains unaffected.

§ 8 Behavior and Consideration

(1) Studio M, Mario Baumann and the customer give ratings (stars, comments) on each other within social media (e.g. Google My Business) by mutual agreement. Upon first request, the parties will permanently remove any ratings and comments submitted about one another. This also applies after the termination of the contract between Studio M and Mario Baumann and the customer.

(2) If the customer is in communities and groups from Studio M, Mario Baumann (e.g. on Facebook), he is obliged to report the interests of Studio M, Mario Baumann to protect. Studio M, Mario Baumann is entitled to temporarily or permanently exclude the customer from participating in communities and groups should the customer harm or impair the interests of Studio M, Mario Baumann (for example through statements that are detrimental to business).

§ 9 Third Party Property Rights

The customer guarantees that studio M, Mario Baumann provided work materials (e.g. photos) are free of third party rights or that the permits required for the purposes of the main contract are available. The customer releases Studio M, Mario Baumann from any claims made by third parties.

§ 10 rights of use

(1) The customer receives a simple right of use in relation to the work and performance results created and made available by Studio M, Mario Baumann. Performance and work results within the meaning of the underlying contract are all work or services or parts thereof that were created by Studio M, Mario Baumann for the customer (e.g. all information, documents, evaluations, videos, photos, in Know-how acquired as part of the fulfillment of the order, advertisements, Drawings, materials, specifications, program drafts, (electronic) files, data collections, individual software including associated documentation, manuals and IT systems in the form of source codes or in any other form). As long as work results are not completed, the corresponding partial results apply as work results within the meaning of this contract.

(2) Paragraph 1 applies exclusively with the reservation that the customer has fully paid the remuneration due to Studio M, Mario Baumann according to the main contract.

(3) If payment in installments has been agreed, the right of use named in paragraph 1, unless otherwise agreed, is only transferred to Studio M, Mario Baumann, when the last installment has been paid in full.

(4) A transfer of the work and performance results by the customer to third parties (including affiliated companies) is excluded. The same applies to processing according to § 23 UrhG.

§ 11 liability

(1) Studio M, Mario Baumann is only liable for damages - regardless of the legal reason - for intent and gross negligence. Studio M, Mario Baumann is only liable for simple negligence

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.

(2) Within the limits of paragraph 1, Studio M, Mario Baumann is not liable for data and program losses. The amount of liability for data loss is limited to the typical restoration effort that would have occurred if backup copies had been made regularly and in accordance with the risk. Liability under the Product Liability Act remains unaffected, as does that for the assumption of a guarantee.

§ 12 data protection and data security

(1) The customer assures that he will comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) when passing on personal data to Studio M, Mario Baumann.

(2) If Studio M, Mario Baumann is to process data on behalf of the customer (order processing), a separately remunerated agreement will be made between the parties.

§ 13 final provisions

(1) Deviations from these terms and conditions are only effective if they have been agreed in writing. Individual agreements made with the customer on a case-by-case basis, including side agreements, additions and changes) always take precedence over these General Terms and Conditions. The confirmation of Studio M, Mario Baumann is decisive for the content of such agreements.

(2) The law of the Federal Republic of Germany applies exclusively. The place of performance is the headquarters of Studio M, Mario Baumann (currently Füllinsdorf). Exclusive commercial place of jurisdiction with regard to contractual disputes between the customer and Studio M, Mario Baumann is Basel.