Effective from December 17, 2020
(Previous version valid before December 17, 2020)
These general terms and conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded between us, IDAGIO GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany, Telephone: +49 030 5770 443 0, e-mail: contact@idagio.com (“we”, “us”), and you as our customer via our website www.idagio.com and/or our mobile and/or desktop applications.
1.1. Divergent, contradictory or supplementary general terms and conditions of yours shall become part of the contact only if expressly accepted in writing by us. Our mere knowledge of your general terms and conditions shall not make them part of the contract.
1.2. The most current version of the GTC valid when the contract is concluded shall apply. You can access the GTC as occasionally amended on the IDAGIO website under (http://about.idagio.com/terms) and on our mobile applications, at any time.
1.3. Our contact details are:
IDAGIO GmbH
Tempelhofer Ufer 17
10963 Berlin
Germany
Telephone: +49 030 5770 443 0
E-mail: contact@idagio.com
Authorized representatives (managing directors): Till Janczukowicz & Christoph Lange (business address: see above)
Commercial register B of the local court Charlottenburg, HRB 136456
2.1. We offer you services relating to enjoying our library of music, mainly classical music. Our services enable you to listen to, and as part of certain services also to watch, music that will be streamed via the Internet to your device (“IDAGIO Services”). We offer the IDAGIO Services via our website(s), mobile and desktop applications ("IDAGIO Applications").
2.2. When creating an IDAGIO account you will be informed about the different IDAGIO Services which are available. You will also find a description of the IDAGIO Services on our website. Some of these services are available free of charge. In the following, such services will be referred to as “free Services”. Other IDAGIO Services are subject to payment of a subscription fee. In the following, such IDAGIO services will be referred to as “IDAGIO Subscriptions”. As part of the IDAGIO Applications we may offer additional features (like the possibility to follow other users, to create playlists, to get information about works and artists and benefit from other related services "Additional Features"). Any Additional Features are not part of the IDAGIO Services for which you may pay. We reserve the right to change and modify the Additional Features without giving notice within our reasonable discretion.
2.3. Through the IDAGIO Applications you may also be able to access audiovisual offers. Insofar as you are not given access to such audiovisual offers as part of your IDAGIO Subscription, you may be able to access these audiovisual offers subject to you paying an individual fee for each of these offers individually. Such individual audiovisual offers are either offered by IDAGIO, or by third parties directly (“Third Party Offers”). You will find the information on who provides the individual audiovisual offer in the description of each individual offer. In the case of Third Party Offers the IDAGIO Applications only serve as a platform giving you access to such Third Party Offers. Provider, content, availability, individual pricing as well as the possibility to purchase access can be found in the description of the respective audiovisual offer.
2.4. As part of the IDAGIO Services we are granting you the limited, non-exclusive and revocable permission to use the IDAGIO Services and the contents, which are accessible on the IDAGIO Services, for personal and non-commercial purposes only. In the case of Third Party Offers the respective provider grants you the limited, non-exclusive and revocable permission to use the respective Third Party Offer for personal and non-commercial purposes only. You are not allowed to distribute or assign the IDAGIO Services, Third Party Offers and/or any contents provided therein to any third party. You will not receive any physical copies or reproductions of the music accessible on the IDAGIO Services and/or Third Party Offers. You do not acquire the right to download the music or to access the music currently available on the IDAGIO Applications for an unlimited period of time. IDAGIO, its licensors as well as the providers of Third Party Offers remain the sole owners of the Services and Offers, all copies of the IDAGIO Applications stored on your devices and all contents, which can be accessed through the IDAGIO Applications, IDAGIO Services and Third Party Offers, at all times.
2.5. We as well as the providers of Third Party Offers undertake reasonable efforts to keep our services and the Third Party Offers ready for use. Technical problems, however, may occur occasionally, which may lead to a temporary interruption of our service. Irrespective of that, the availability of content may depend on the country in which you are accessing our services. Some of the content offered on the IDAGIO Applications may not be available in certain countries. You agree and accept that we and/or the providers of Third Party Offers are not granting you the right to and are not liable to offer the IDAGIO Services and/or Third Party Offers without interruption (e.g. due to technical reasons) and that we are not granting you the right to make use of and are not liable to offer you any specific content as part of the IDAGIO Subscriptions.
2.6. You may use the IDAGIO Services and/or Third Party Offers only if you act as a consumer.
2.7. You may use the IDAGIO Services and Third Party Offers only, if (i) you are of legal age in your jurisdiction (i.e. 18 years or older in most countries), or you are at least 12 years old and have the permission to use the IDAGIO Services and/or Third Party Offers and enter into contracts with us or the providers of Third Party Offers from your legal guardians (i.e. your parents in most cases), (ii) you are entitled to enter into legally binding contracts with us and the providers of Third Party Offers and (iii) are not prevented by applicable laws from entering into such contracts and (iv) you are a resident in a country in which the IDAGIO Services and the Third Party Offers are offered. You confirm that the data provided by you creating an IDAGIO account and engaging the IDAGIO Services and/or Third Party Offers are truthful, correct and complete and that you will keep such data correct and up to date at any time.
2.8. We may limit your use of the IDAGIO Services and Third Party Offers to a maximum of six devices (e.g. three computers and three mobile devices). We may also limit your use of the IDAGIO Services and Third Party Offers so that you will be able to use only one device for playback of music at the same time.
3.1. The presentation and promotion of services in our websites, desktop and mobile applications does not constitute a binding offer for the conclusion of a contract.
3.2. In order to access the IDAGIO Services and/or Third Party Offers, you will first have to create an IDAGIO account. After clicking on the button "Create Account" you will be asked to enter personal information such as your name and your e-mail address. You may then identify and correct input errors, if any, prior to making your final binding offer. By clicking on the button "Create Account" after you have entered your information, you submit a legally binding offer.
3.3. After having created an IDAGIO account you will have the option to use the free Services or to subscribe to the IDAGIO Subscriptions. You will find further information about the IDAGIO Services on our website (http://about.idagio.com/help/#premium). In order to subscribe to the IDAGIO Services on our Website and Desktop Apps you will be asked to chose your payment method and to enter your payment details. By clicking on the button to confirm after you have entered your information you submit a legally binding offer. In our mobile applications, after clicking the button to subscribe and subject to your personal security settings, you may be asked to insert your personal key (e.g. password, fingerprint, PIN code) of the relevant app store (e.g. Apple App Store, Google Play Store). In a next step you will be asked to confirm your subscription. By clicking on the respective button you submit a legally binding offer.
3.4. A contract for the provision of services is not yet concluded by creating an IDAGIO account and by the submission of your sign up as an IDAGIO subscriber. We reserve the right to not accept the sign up, in particular, if the registration information you have provided seems inconsistent. The contract between us shall not be concluded until we grant you access to the IDAGIO Services.
3.5. After having created an IDAGIO account you will furthermore have the option to purchase individual audiovisual offers from IDAGIO and/or Third Party Offers. You will find further information about individual audiovisual offers from IDAGIO and Third Party Offers on our website (http://about.idagio.com/help/#premium). In order to purchase such offers on our Website and Desktop Apps you will be asked to choose your payment method and enter your payment details. In the case of individual audiovisual offers from IDAGIO, by clicking on the button to confirm after you have entered your information you submit a legally binding offer to IDAGIO. In the case of Third Party Offers, by clicking on the button to confirm after you have entered your information you submit a legally binding offer to the respective third party provider.
3.6. A contract for the provision of services is not yet concluded by creating an IDAGIO account or by confirming the purchase of an individual audiovisual offer from IDAGIO or a Third Party Offer. We as well as the providers of Third Party Offers reserve the right to not accept the offer, in particular, if the information you have provided seems inconsistent. The contract between us or the provider of Third Party Offers shall not be concluded until we grant you access to the respective services.
3.7. The contract will be concluded in English language.
3.8. The contract terms will be stored by us after conclusion of the contract but are no longer accessible to you.
3.9. On occasion we, or others in our name, may make trial offers which allow access to the IDAGIO Services at no cost for a certain period of time (“Trial Periods“).
We reserve the right to determine the requirements for such Trial Periods at our own discretion and to change such requirements and to end or withdraw such Trial Periods at any time without prior notification and which shall not result in any liability claims whatsoever as far as legally admissible.
In some cases, in order to make use of such Trial Periods, we ask you to provide your payment details. At the end of such Trial Periods we are entitled to charge the monthly subscription fee automatically from the first day after the end of the Trial Period and every recurring month. By subscribing to a Trial Period you agree to such subscription fees. By supplying your payment details when subscribing to a Trial Period, you agree to the subscription fees and you entitle us or the respective App Store to use such payment details for charging the subscription fees. In the case that you do not wish to obtain a paid subscription subject to subscription fees you are required to cancel your subscription at least 24 hours prior to the end of the Trial Period in your IDAGIO account settings. In the case that you have subscribed to the Trial Period through an App Store (e.g. Apple App Store, Google Play) you will have to cancel your subscription in your App Store account settings (e.g. Apple ID Account) or in your IDAGIO account settings, at least 24 hours prior to the end of the current subscription period. Subscriptions which are subject to payments can be cancelled at least 24 hours prior to the end of the then current period of the subscription in the same manner. IDAGIO will not reimburse any fees which you may have paid unless otherwise expressly specified in these General Terms and Conditions. Your right of withdrawal will remain unaffected.
4.1. Modifications to these GTC may become necessary, for example when we implement new technologies, introduce new services and/or the legal framework or its interpretation changes.
From time to time we may make editorial modifications to these GTC, which do not have an impact on your contractual relationship with IDAGIO. Such editorial modifications may include corrections of typing errors or updates of contact details which form part of the agreement.
4.2. In the case that we make modifications to these GTC, which would affect your contractual relationship with IDAGIO, we will inform you explicitly of the modifications through a conspicuous notification within the IDAGIO Services or by sending an email or other communication in text form to the contact details you have provided. Such notification will contain a reference to your right to object to the modifications, as well as a reference to the consequences of your objection. Please read such notifications carefully.
In case you do not wish to continue using our services under the new GTC, you can terminate the agreement by sending us a message in text form (e.g. via e-mail: contact@idagio.com or letter). We will set a reasonable period of time during which you may object to the changes and will inform you about the consequences of such objection.
If we do not hear from you within such time, your consent to the changes will be deemed given. We will inform you of the above described consequences of you not responding to our proposal within such communication.
5.1. The software we provide to you (including the IDAGIO Applications) is licensed to you on the basis of a limited, non-exclusive, revocable license.
5.2. The content provided to you through the IDAGIO Services and IDAGIO Applications may be copyrighted works and we grant you a limited, non-exclusive, revocable license to reproduce the content only by using the IDAGIO Services and IDAGIO Applications for your personal, non-commercial use.
Also the content provided to you through Third Party Offers may be copyrighted works and the respective provider grants you a limited, non-exclusive, revocable permission to replay the content only by using the respective Third Party Offer for your personal, non-commercial use.
5.3 You are not entitled to copy, transfer, rip, record or to make any other physical or non-physical use of the software and the content provided by us and/or providers of Third Party Offers in any manner unless explicitly permitted herein. You are not entitled to forward your password to any third party or to allow any third party to use your account and password. Furthermore, you are not entitled to circumvent any geographical limitation implemented by us.
5.4 All software and content provided to you as well as all trademarks, logos and names remain in our sole property, the property of our licensors and the property of the providers of Third Party Offers at any time, including any copies which may have been installed on any of your devices.
Our services may be integrated into third party websites, applications and services. Such third parties may impose their own terms and conditions and privacy policy. You accept and confirm that we are not liable for any conduct, service or content of any third party in connection with the use of their websites, applications or services.
7.1. When using the IDAGIO Services, IDAGIO Applications and Third Party Offers, you may have the possibility to provide content to us, including pictures, photographs, text, music, playlist compilations and/or other works that may or may not be subject to copyrights (“User Generated Content”). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to all User Generated Content you provide to the IDAGIO Applications, allowing us to reproduce, distribute, recite, perform, present, make available publicly and/or broadcast the User Generated Content. This license terminates when your IDAGIO account is deleted. However, if you have shared User Generated Content with others or made it publicly available through the IDAGIO Services, the IDAGIO Applications and/or Third Party Offers the license is valid for an indefinite period of time.
7.2. We may remove User Generated Content from the IDAGIO Services, the IDAGIO Applications and Third Party Offers or block access to it if it violates any applicable law or third party rights or is not suitable for minors in the course of modifying and improving the IDAGIO Services and the IDAGIO Applications and/or in our reasonable discretion. You will indemnify and hold us harmless from any third party claim arising from a breach of any representation, warranty, covenant or obligation hereunder, including any legal costs in connection with your User Generated Content. This does not apply in case of your inadvertent infringement.
7.3. You hereby grant, warrant and represent that you hold all rights in such User Generated Content which are necessary for the grant of rights under this agreement, that no obligations towards any other party prevent you from concluding and fulfilling this agreement and that the User Generated Content does not infringe any third party rights or any applicable law.
7.4. We as well as the providers of Third Party Offers are not obligated to monitor User Generated Content for infringements of third party rights and we as well as the providers of Third Party Offers do not endorse any opinion included in User Generated Content. If you believe that User Generated Content infringes your rights, the rights of a third party or applicable law, please contact us via any of the contact methods listed in clause 1.3 above. We will investigate any complaint without undue delay.
8.1. You can subscribe to the IDAGIO Subscriptions on a monthly basis starting upon payment of the monthly subscription fee. The contract shall renew on a monthly basis at the end of your then current month of subscription. The monthly subscription fee shall be due at the beginning of each month of your subscription. Alternatively, you can subscribe to the IDAGIO Subscriptions on a longer-term basis starting upon payment of the respective subscription fee. This contract shall renew on the same longer-term basis at the end of your then current period of subscription. The longer-term subscription fee shall be due at the beginning of each such longer term of your subscription. In case you have subscribed to an IDAGIO Subscription by way of a voucher code your IDAGIO Subscription terminates automatically at the end of the term specified as part of the voucher code.
You can terminate the contract for your IDAGIO Subscription at the end of each subscription period, but at least 24 hours prior to the end of your then current period of your IDAGIO Subscription, in your IDAGIO account settings or, in the case that you have subscribed through an App Store (e.g. Apple App Store, Google Play), in your App Store account settings (e.g. Apple ID Account). In the case that you have subscribed through the Apple App Store, you can terminate the contract in your Apple ID Account settings only. IDAGIO can terminate the contract with you at the end of each period of your IDAGIO Subscription, but at least 24 hours prior to the end of your then current subscription period. IDAGIO will not reimburse any fees which you may have paid unless otherwise expressly specified in these General Terms and Conditions. Your right of withdrawal will remain unaffected.
8.2. Agreements with providers of Third Party Offers terminate with the end of the availability of the respective Third Party Offer as specified in the description of such Third Party Offer.
8.3. Each party reserves the right to terminate an agreement closed pursuant to these General Terms & Conditions with immediate effect for good cause. We as well as the providers of Third Party Offers respectively reserve the right to terminate or disable an agreement closed pursuant to these General Terms & Conditions with immediate effect for legitimate reasons respecting your legitimate interests at any time, including in cases of unauthorised use of the IDAGIO Software and/or the IDAGIO services and/or Third Party Offers or in the case of non-compliance with this agreement.
For cases in which you, the providers of Third Party Offers or IDAGIO terminate these General Terms & Conditions or in case we block your access to IDAGIO Services, the IDAGIO Applications and/or Third Party Offers you declare your consent that IDAGIO’s liability and the liability of the providers of Third Party Offers shall be limited to such liability as specified in section 11.
8.4. Each notice of termination pursuant to 8.3 must be sent in text form (e.g. via e-mail, fax or letter).
8.5. We reserve the right to block your access to IDAGIO Services, IDAGIO Applications and Third Party Offers if we have reason to believe that you have severely breached this agreement and only for a reasonable period of time necessary to investigate such alleged breach.
If you are a consumer, you shall be entitled to withdraw from this contract within fourteen (14) days without giving any reason for doing so.
The deadline for withdrawal shall be fourteen (14) days from the date on which this contract has been concluded.
In order to exercise the statutory right of withdrawal, you must notify us (IDAGIO GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany, e-mail: contact@idagio.com) of your decision to withdraw from this contract in a clear declaration (e.g. by sending us a letter by mail, fax or e-mail). You may use the withdrawal form template attached for this purpose; however, this is not obligatory. The withdrawal deadline shall be deemed to be met if you send the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
If you withdraw from this contract, we must reimburse any payments we have received from you, including delivery costs (excluding any additional costs incurred if you have selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of your withdrawal from this contract. We will use the same payment method you used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will you be charged a fee for this refund.
In the case of a contract, the subject matter of which is the delivery of digital contents other than on a physical carrier, you may lose your right to withdrawal if:
The performance of the contract has begun with your express consent prior to the end of the withdrawal period, and Your acknowledgment that you thereby lose your right of withdrawal.
To make use of your right of withdrawal you may use the following, non-obligatory withdrawal form template:
(If you wish to withdraw from the contract complete and return this form)
To IDAGIO GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany
– I/We(*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only when sent by message on paper)
Date
(*) Delete as applicable
End of revocation instruction
In the event of any defects of quality or title, you are entitled to all rights pursuant to the provisions of statutory law, save that the limitation of liability below remains unaffected.
11.1. Our liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:
(i) We or the providers of Third Party Offers shall be liable up to the amount of the foreseeable damages typical for the respective type of contract due to a breach of material contractual obligations;
(ii) We or the providers of Third Party Offers shall not be liable due to a slightly negligent breach of any other duty of care applicable.
11.2. The preceding limitations of liability shall not apply for losses arising from death, injury to body and health, for damages after the acceptance of a guarantee for the condition of a product and for defects intentionally misrepresented by silence. The liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. To the extent that the liability of IDAGIO or the respective provider of Third Party Offers is excluded or limited, this also applies to the personal liability of employees, representatives, assistants and other auxiliary persons.
11.3. Clauses 13.1. and 13.2. shall apply accordingly to our liability for futile expenses.
We comply with our privacy policy that you can access at any time on http://www.idagio.com/privacy.
Furthermore, we comply with our cookie policy that is available on http://www.idagio.com/cookie-policy
If you have any questions, comments or complaints, as well as other notifications regarding your order or subscription, please send them to us by letter, fax, telephone or e-mail using the contact details specified above in clause 1.3.
You may send any notice in connection with this agreement to the contact details set out in clause 1.3 above. We will send any notice in connection with this agreement to one of the contact details you provided in your user profile. You are obligated to update your user profile, in particular your email address, whenever any of your contact details have changed.
15.1 With the exception of all explicit agreements in writing between you and us and/or between you and the respective provider of Third Party Offers respectively, these GTC set forth the entire terms and conditions between you and us and/or between you and the respective provider of Third Party Offers respectively with respect to the subject matter hereof, merge all prior discussions between you and us and/or between you and the respective provider of Third Party Offers respectively and supersede all existing agreements among them concerning the subject matter of the agreement.
15.2 In the event any portion of the agreement may be determined by any governmental body or court of competent jurisdiction to be unenforceable, the balance of the agreement shall be severed therefrom and remains in full force and effect unless a failure of consideration would thereby result.
German law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law, or special assets (Sondervermoegen) under public law, exclusive place of jurisdiction for any and all disputes arising from or in connection with this agreement shall be Charlottenburg, Berlin, Germany. This shall also apply if you do not have a general place of jurisdiction in Germany or if you relocate your place of residence or habitual place of abode to a location outside Germany or in case your place of residence or habitual place of abode is not known at the time the proceedings are brought in the courts. Arbitration proceedings shall be excluded.
Version: December 13, 2020
Effective from December 17, 2020
(Previous version valid before December 17, 2020)
At IDAGIO we place great value on maintaining a trusting relationship with our users, the protection of their personal data and their right to information self-determination. This Privacy Policy describes who is responsible for the collection, processing and use of personal data which we obtain from you via our website(s) and software applications such as our mobile and desktop applications (hereinafter jointly: “IDAGIO Software”), what personal data we collect, why we collect this data and what we do with your data. Personal data is all information concerning an identified or identifiable natural person.
We will only collect, process and use your personal data in accordance with the principles set out below and in full compliance with applicable data protection legislation.
The Controller as per Art. 4 (7) EU General Data Protection Regulation (GDPR) is IDAGIO GmbH, Tempelhofer Ufer 17, 10963 Berlin, Germany, info@idagio.com (“IDAGIO”, “we”, “us”). You can reach our Data Protection Officer at: privacy@idagio.com or at our postal address, marking any correspondence to the attention of the "Data Protection Officer".
Personal data is all information concerning an identified or identifiable natural person ("Data Subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Cookies are small text files which are stored locally, during each visit to a website, on the user's end device (e.g. PC, smartphone, tablet). They can contain a range of information about the end device used as well as about usage behaviour and are, upon reconnection, sent back to the cookie-setting web server with the aim of recognising a returning user and their settings.
GDPR is the abbreviation for REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
During your use of our website and our IDAGIO services, we collect some data when you provide it to us (for example in the registration process or in direct communication with us). In addition, we collect a range of data automatically, as follows:
For the automated collection of some data during your use of the IDAGIO services via our website or our applications, we use the Segment service provided by Segment.io, Inc., 100 California Street, Suite 700, San Francisco, CA 94111, USA. Such data may be stored on Segment’s servers which are located outside the EU, in the USA. We have concluded a third-party data processing agreement with Segment. Under that agreement, Segment is obliged to protect our users’ data, to process it in accordance with and solely on our behalf. In particular, Segment is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Segment processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. Segment’s privacy policy can be found here.
For the automated collection of some data during your use of the IDAGIO services via our website or our applications, we use the Google Firebase service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Such data may be stored on Google’s servers which are located outside the EU, in the USA. We have concluded a third-party data processing agreement with Google. Under that agreement, Google is obliged to protect our users’ data, to process it in accordance with and solely on our behalf. In particular, Google is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Google processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. Google’s privacy policy can be found here.
When you use our website, open our emails or use our services online, we, or third parties duly authorised by us to do so, will sometimes use so-called “cookies”, text files which are stored on your computer and which enable your use of the website to be analysed, irrespective of whether you are registered with IDAGIO, have subscribed to IDAGIO services or not. Cookies are small text files which are stored on your hard drive and associated with the browser you use and through which certain information flows to the entity which set the cookie. Cookies cannot run any programmes or transfer viruses to your computer. Their purpose is to make the website as a whole more user-friendly and more effective. You can find more information about cookies here: www.allaboutcookies.org.
Generally, cookies help make the website as a whole more user-friendly and more effective, make additional functions possible and allow the user of the cookies to learn more information about your visit to their website and the overall use of the website and services. For example, cookies enable their users to determine whether an end device has already visited a website before. Cookies also enable a website to be customised according to previous visits, if information regarding the previous behaviour of the user on the website or on a different website has been stored in the cookie. We use cookies, for example, to be able to identify you on return visits, should you have a user account with us. Otherwise, you would have to log in with each new visit.
Our services can place our own cookies as well as cookies from third parties duly authorised by us on your end device. Our own cookies help us to provide our services better and more efficiently and to be able to understand user behaviour on our website. Third-party cookies are stored on your end device by those third parties directly. We only allow such third parties to place their cookies on users’ end devices via our services. We have no control over the information and no access to the information which such cookies collect. The information is under the sole control of the respective third party, in accordance with their own data policies.
Our website uses the following types of cookie, the extent and mode of functioning of which are set out below:
Transient cookies are automatically deleted when you close your browser. They include, in particular, session cookies. Session cookies store a so-called session-ID which allows different requests from your browser to be attributed to the same session. This enables your computer to be recognised if you return to our website. Session cookies are deleted when you log out or close your browser.
Persistent cookies are deleted automatically after a preset period of time which can differ from cookie to cookie. You can delete these cookies at any time using the security settings of your browser.
If you have created an IDAGIO user account or subscribed to the IDAGIO services, we can associate the information collected via our cookies, in accordance with our Privacy Policy, with your personal data.
The following third parties use cookies via our services:
Braze: https://www.braze.com
Google Marketing Platform: https://marketingplatform.google.com
Facebook: https://www.facebook.com
Google: https://www.google.com
Google Ads: https://adwords.google.com
Google Analytics: https://analytics.google.com
Google Firebase: https://firebase.google.com
Intercom: https://www.intercom.com
Stripe: https://www.stripe.com
You can find more detailed information regarding the cookies set by the above providers in this Privacy Policy within the descriptions of the respective processing procedures.
All data collected by us during your use of our website or our services is hosted with the following service providers, in accordance with the third-party processing agreement concluded with the respective service provider:
The servers of those service providers where we store data are located exclusively in the EU. Insofar as those services process data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses.
Unless expressly stated otherwise in this Privacy Policy, we will only store your data for as long as is required to fulfil the respective purpose of the processing.
After expiry of your subscription, we must retain your usage data in part to fulfil our internal contractual obligations as such data is required, in particular, to verify the calculation of our usage related payments to our licensors. This billing is based on the subscription fee paid in each case as well as usage related and country specific. After expiry of your subscription, however, we block your data for all purposes other than the aforementioned and erase it after expiry of the retention period, provided no further statutory retention periods apply.
You have the opportunity to subscribe to our newsletter. In the newsletter, we inform you about current content available on the IDAGIO services, product features and offers which could be of interest to you.
Prior to registering you for a newsletter subscription, we obtain your consent to email marketing by way of a so-called double opt-in process. This means, after you create your IDAGIO account, we send an email to the specified email address, in which we ask for confirmation that you wish to receive emails from IDAGIO. If you do not confirm this request, the data submitted in the respective request is erased or is stored for other purposes, where a legal basis or obligation for continued storage exists. In addition, we store the IP addresses you used as well as the times of the request and the confirmation. The purpose of the process is to verify you are the owner of the email address used to create the IDAGIO account, that you consent to email marketing and, if necessary, to be able to investigate a possible abuse of your personal data.
The only mandatory information required to receive the newsletter is your email address. After you have provided confirmation, we will store your email address for the purpose of sending the newsletter.
The newsletter is sent using the service provider, Braze. The email addresses of the recipients of our newsletter as well as their other data described in the scope of this Policy, are stored on Braze’s servers in the EU or in the USA. More information on the Braze service can be found in Part A, Section 7.3. We also use the AppsFlyer service for the purposes of newsletter tracking, as described below. Further information on the AppsFlyer service can be found in Part A, Section 7.7.
Our newsletters contain a so-called “web beacon”. This is normally a single pixel sized file which is accessed from the Braze and Appsflyer servers when the newsletter is opened. When the file is requested, firstly technical information is collected, such as information regarding the browser and your system as well as your IP address and the time of the request. This information is used to improve the content and technical delivery of the services using the technical data or the target groups and their usage behaviour. The data collected also includes a determination as to whether the newsletter has been opened, when it is opened and which links are clicked on.
The legal basis for the sending of the newsletter is your consent, granted to us, Art. 6 (1) first sentence, (a) GDPR.
You can revoke your consent to receive the newsletter and unsubscribe from the newsletter at any time. You can revoke your consent by clicking on the link provided in every newsletter, by email to contact@idagio.com, or by sending a message via the contact details provided on the imprint page.
The aforementioned collection and analysis of data as well as the recording of the registration procedure is carried out on the basis of Art. 6 (1) first sentence, (f) GDPR. The legitimate interest is in sending our users a user-friendly, secure newsletter, tailored to their interests and to protect ourselves by obtaining legally valid consents.
I hereby consent to IDAGIO contacting me via the email address I have provided, in order to inform me regularly about current content on the IDAGIO service, as well as product features and IDAGIO offers. You can revoke your consent at any time (e.g. by email to contact@idagio.com or via the unsubscribe link in every newsletter), with effect for the future. You can find more information here in Part A Section 6 Newsletter and Email Marketing.
When providing our services, we use a range of tools from third parties some of which we use to process personal data. We provide an overview of these tools below. We also advise you of the use of particular tools for specific purposes at the respective points in this Privacy Policy.
In order to create and archive log files, we use the tool Papertrail from SolarWinds Worldwide, LLC, 7171 Southwest Parkway, Bldg 400, Austin, Texas 78735, USA, on the basis of a third-party processing agreement. Such data may be stored on Papertrail’s servers which are located outside the EU. We have concluded a third-party data processing agreement with Papertrail. Under that agreement, Papertrail is obliged to protect our users’ data and to process it in accordance with and on our behalf. In particular, Papertrail is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Papertrail processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses.You can find the privacy policy of Papertrail (SolarWinds Worldwide, LLC) here.
For the statistical analysis of usage data, we use the tool Looker from Looker Data Sciences, Inc., 101 Church Street, 4th Floor, Santa Cruz, CA 95060, USA, on the basis of a third-party processing agreement. Looker does not collect any data itself rather it uses the data provided by us for statistical analysis purposes. The servers on which Looker stores data are located in the EU. We have concluded a third-party data processing agreement with Looker. Under that agreement, Looker is obliged to protect our users’ data and to process it in accordance with and on our behalf. In particular, Looker is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Looker processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find Looker’s privacy policy here.
To collect and analyse usage data, to create and allocate users to interest groups and the resulting provision of interest-based content, to inform users e.g. via email, push notification and in app messaging, and to track and analyse user interactions with those messages, we use the tool Braze from Braze Inc., 318 West 39th Street, 5th Floor, New York, NY 10018, USA, on the basis of a third-party processing agreement with the provider. Such data may be stored on Braze’s servers which are located in the USA. We have concluded a third-party data processing agreement with Braze. Under that agreement, Braze is obliged to protect our users’ data, to process it in accordance with and on our behalf. In particular, Braze is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Braze processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find Braze’s privacy policy here.
To communicate with our customers within our IDAGIO services by email or in-app communication, we use the tool Intercom from Intercom, Inc., a Delaware corporation with offices at 55 2nd Street, 4th Fl., San Francisco, CA 94105, USA on the basis of a third-party processing agreement with the provider. In this context, data may be stored on Intercom’s servers in the USA. We have concluded a third-party processing agreement with Intercom. Under that agreement, Intercom is obliged to protect our users’ data, to process it on our behalf. In particular, Intercom is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Intercom processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find Intercom’s privacy policy here.
To register and document technical faults in connection with the use of our IDAGIO services via our app, we use the tool App Center from Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, on the basis of a third-party processing agreement with the provider. Such data may be stored on the servers of App Center (Microsoft Corporation) which are located outside the EU. We have concluded a third-party data processing agreement with App Center (Microsoft Corporation). Under that agreement, App Center (Microsoft Corporation) is obliged to protect our users’ data, to process it in accordance with and on our behalf. In particular, App Center (Microsoft corporation) is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as App Center processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find the privacy policy of App Center (Microsoft Corporation) here.
To register and document technical faults in connection with the use of our IDAGIO services via our website, we use the tool Sentry from Functional Software, Inc., 132 Hawthorne St, San Francisco, CA 94107, USA (“Sentry”) on the basis of a third-party processing agreement with the provider. Such data may be stored on Sentry’s servers which are located outside the EU. We have concluded a third-party data processing agreement with Sentry. Under that agreement, Sentry is obliged to protect our users’ data, to process it in accordance with and on our behalf. In particular, Sentry is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Sentry processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find Sentry’s privacy policy here.
To identify with which kind of device you are using the IDAGIO Services in order to direct you to the corresponding client (website or mobile applications) , we use the service AppsFlyer from AppsFlyer Ltd., 111 New Montgomery St, San Francisco, CA 94105, USA, on the basis of a third-party processing agreement with the provider. Such data may be stored on Appflyer’s servers which are located outside the EU. We have concluded a third-party processing agreement with Appsflyer. Under that agreement, Appsflyer is obliged to protect our users’ data, to process it in accordance with and on our behalf. In particular, Appsflyer is obliged not to pass such data to third parties without express instructions from us to do so. Insofar as Appsflyer processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find Appsflyer’s privacy policy here.
In some cases, we engage external service providers to process your data. Contractual agreements for specific-purpose third-party data processing exist with the following service providers, who, as recipients (according to the definition in Art. 4 No. 8 GDPR), process personal data as (third-party) processors in compliance with the provisions of Art. 28 GDPR:
You have the right to request confirmation from us on whether we are processing personal data concerning you. If this is the case, you have a right to information regarding this personal data (Art. 15 GDPR in conjunction with Sec. 34 BDSG (German Federal Data Protection Act)). This does not apply if
and the provision of information would require a disproportionate cost and effort and any processing for other purposes has been excluded using appropriate technical and organisational measures.
In order to improve and continue to develop the IDAGIO services and the IDAGIO software for you, we may amend this Privacy Policy at our discretion, for example if we use new technology or introduce new services. We will send you a clear notification of any such amendments in a manner appropriate to the circumstances, for example a conspicuous message within the IDAGIO services or by email. Should you decide you no longer wish to use the IDAGIO services under the new Privacy Policy, you can terminate the agreement by sending us a corresponding notification within the stated time period in text form (e.g. by email to contact@idagio.com or by letter).
As far as use of our website for purely information purposes is concerned, namely if you do not register or otherwise send us information, we automatically process the following information which your browser sends to our server:
The IP address and information on the request(s) from your internet browser are necessary, for technical reasons, for you to visit and use the website; without this data being processed, websites cannot be accessed and webpages cannot be displayed.
In addition, the above mentioned data will be processed by us for the following purposes:
To collect the data, we use the service Segment, which in turn collects the data through cookies. More information on the Segment service can be found in Part A, Section 3.1. You can find more information in Part A, Section 3.3.
You can prevent cookies being stored through corresponding settings in your browser software; we would, however, make you aware that in this case you may not be able to use all functions of our website in full.
The legal basis is Art. 6 (1) first sentence, (f) GDPR. The legitimate interest in processing the relevant data is that it makes accessing the website technically possible, optimises how the content is displayed for the user and enables the future improvement/optimisation of the IDAGIO services and the content available there.
We use Google Analytics on our websites, a web analytics tool from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies" which are stored on your PC and which enable an analysis of your use of the website. The information generated by the cookie includes, for example, browser type/version, operating system used, screen resolution, referrer URL (the website visited prior to this one), anonymised IP address of the computer used to access the website, time spent on individual pages, time of server request, time spent on individual pages, files downloaded, videos watched, advertising banners clicked on, active orders, sequence of clicks etc. You can find more information on the cookies used by Google here.
This information could, in some circumstances, be transmitted to one of Google's servers in the USA and stored there. Insofar as Google processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses.
We use Google Analytics on our websites with an IP anonymisation tool. With this tool, your IP address recorded by Google Analytics is, in Member States of the European Union or in other states which are party to the Agreement on the European Economic Area, first abbreviated by Google and thus transmitted in anonymised form.
Google uses the information collected on our behalf on the basis of a contractual agreement entered into between Google and ourselves, in order to statistically evaluate the use of the website for us in aggregated form, to create reports on the website activities and behaviour of users on our website and to provide us with other analysis services related to the website and its use. These reports assist us in designing our website and content according to the needs of users and in continuously improving it. The IP address transmitted by your browser in the scope of Google Analytics is not associated with other data from Google.
We also use Google Analytics to analyse visitor streams across devices. This is performed in pseudonymous form on the basis of random user IDs assigned by us (Universal Analytics). You can deactivate the cross-device analysis of your use in the settings of your Google user account under “Privacy Settings”.
The maximum retention period we have chosen for data associated with cookies or user IDs and advertising IDs is 14 months. After this time period has expired, the data will be automatically deleted.
You can prevent cookies being stored by adjusting your browser settings accordingly; moreover, you can delete stored cookies using your browser. Preventing or deleting cookies may render, in some circumstances, the use of certain functions of the website impossible or inconvenient.
In addition, you can deactivate the Google Analytics function using a browser add-on which you can download here: https://tools.google.com/dlpage/gaoptout. To do this, you must install that browser add-on on all devices you use. This prevents the analysis information from being sent to Google. Alternatively, you can set a so-called opt-out cookie by clicking on the link which prevents data being collected by Google Analytics in future. Please note, however, that on deleting cookies in your browser settings, this opt-out cookie will also be deleted and must be set once more.
You can deactivate the tracking via the Google Analytics cookies here.
Comprehensive information from Google on data processing in connection with Google Analytics can be found here.
The legal basis for the use of Google Analytics is Art. 6 (1) first sentence (f) GDPR. The legitimate interest in processing the data is to analyse usage data and, on the basis of the knowledge gained, identify and remedy errors and to optimise the design of our website, including in relation to increasing the conversion rate.
The legal basis for the cross-device analysis of visitor streams via Google Analytics is the consent you grant to us in our cookie banner upon first visit to our website (Art. 6 (1) first sentence (a) GDPR). You can revoke your consent at any time, for example by notifying us by email to privacy@idagio.com, with effect for the future or you can deactivate the cross-device analysis of your use in the settings of your Google user account under “My data”, “Personal Data”.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. See Part A Section 9.
This website uses the service DoubleClick and other remarketing tools of the companies Google Inc. and Facebook Inc. in order to record your usage behaviour, in part across devices, using cookies and other technologies in order to present you with tailored advertising or to track the success of our own advertising. By continuing to use our website, you agree to that. You can revoke your consent at any time with effect for the future. You can find more information here https://www.idagio.com/privacy in Part B Sections 1.1 - 1.4.
We use the service DoubleClick on our websites as well as other remarketing tools from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
DoubleClick and the other remarketing tools from Google use cookies, on the basis of the consent which we obtain from you via a banner displayed the first time you visit our website, in order to present you with advertising relevant to you. For this process, your browser is assigned a pseudonymised identification number (ID) in order to record your usage behaviour. The cookie enables Google and its partner websites to place advertisements, based on your previous visits to our website or other websites, which are tailored to your usage behaviour and which should therefore match your interests. The cookies do not contain any other information about your person. The information generated by the cookies is transferred by Google for analysis to a server in the USA and stored there. Any transfer of data by Google to third parties is always performed in line with statutory rules or in the scope of the data processing. Under no circumstances will Google associate your data with other data collected by Google.
The processing of your data in connection with DoubleClick is performed on the basis of your consent. You can revoke your consent at any time by blocking the storage of DoubleClick cookies as explained below. Revoking consent has no influence on the legitimacy of the processing carried out on the basis of the consent prior to the revocation.
You can prevent cookies being stored by adjusting your browser settings accordingly; moreover, you can delete stored cookies using your browser. Preventing or deleting cookies may render, in some circumstances, the use of certain functions of the website impossible or inconvenient.
In addition, you can deactivate the DoubleClick function using a browser add-on which you can download here. To do this, you must install that browser add-on on all devices you use. This prevents the analysis information from being sent to Google. Alternatively, you can deactivate the DoubleClick cookies on the website of the Digital Advertising Alliance using the following link, which enables you to set a so-called opt-out cookie. Please note, however, that on deleting cookies in your browser settings, this opt-out cookie will also be deleted and must be set once more.
You can find comprehensive information from Google on data processing in connection with DoubleClick and other Google remarketing tools here.
The legal basis for the use of DoubleClick and the other Google remarketing tools is your consent granted to us, Art. 6 (1) first sentence, (a) GDPR. You can revoke your consent at any time, for example by notifying us by email to privacy@idagio.com, with effect for the future or you can prevent tracking as described under point (c).
This website uses the service DoubleClick and other remarketing tools of the companies Google Inc. and Facebook Inc. in order to record your usage behaviour, in part across devices, using cookies and other technologies in order to present you with tailored advertising or to track the success of our own advertising. By continuing to use our website, you agree to that. You can revoke your consent at any time with effect for the future. You can find more information here https://www.idagio.com/privacy in Part B Sections 1.1 - 1.4.
We use Google Ads conversion tracking on our website, a tracking tool from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
Whenever you click on an advertisement displayed by Google, a cookie is stored on your computer for conversion tracking purposes. These cookies expire after 30 days and do not contain any personal data. If you arrive on our website via an advertisement displayed by Google, this enables Google and us to know that you have clicked on the advertisement and have thus been forwarded to this site. The information obtained with the aid of the conversion cookie serves the purposes of compiling conversion statistics for Google Ads customers in order to track the effectiveness of certain advertisements. These tell us the total number of users who have clicked on their advert and been forwarded to a particular page. However, we do not receive any information on individual users and their behaviour which we are able to trace back to a particular user.
You can prevent cookies being stored by adjusting your browser settings accordingly; moreover, you can delete stored cookies using your browser. Preventing or deleting cookies may render, in some circumstances, the use of certain functions of the website impossible or inconvenient.
Alternatively, you can set your browser such that only cookies from third parties or only cookies from the domain “googleadservices.com” are blocked.
You can deactivate the tracking via the Google Ads cookie here.
You can find comprehensive information from Google on data processing in connection with Google Ads conversion tracking here.
The legal basis for the use of Google Ads conversion tracking is Art. 6 (1) first sentence, (f) GDPR. The legitimate interest in processing the data is to analyse the success of our Google Ads and, on the basis of the knowledge gained, to optimise the design of our adverts, including in relation to increasing the conversion rate.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject"). You can also prevent Google Ads conversion tracking by taking the steps described in point b).
On our websites, we use remarketing tools from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).
In this context, Facebook collects data, using a JavaScript code (“Facebook Pixel”) about users’ behaviour on websites on which the Facebook Pixel has been embedded. In this way, for example, the behaviour of users can be tracked after they have clicked on a Facebook advertisement and been forwarded to the respective advertiser’s website. This process helps us to analyse statistically the effectiveness of the advertising we purchase from Facebook and to optimise our advertising. If you have a Facebook account, Facebook might associate this data with your account and can thus create a direct connection to you. In the context of the data collection by the Facebook Pixel, data is sent to Facebook’s servers in the USA. Insofar as Facebook processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. More information about the collection and use of data by Facebook and your rights and options to protect your privacy in this respect can be found in the Facebook data policy at https://www.facebook.com/about/privacy/.
The processing of your data in connection with Facebook is performed on the basis of your consent. You can revoke your consent at any time by blocking Facebook Pixels. Revoking consent has no influence on the legitimacy of the processing carried out on the basis of the consent prior to the revocation.
You can prevent cookies being stored by adjusting your browser settings accordingly; moreover, you can delete stored cookies using your browser. Preventing or deleting cookies may render, in some circumstances, the use of certain functions of the website impossible or inconvenient.
You can deactivate the tracking via the Facebook Pixel here. If you have a Facebook account, you can alternatively deactivate the tracking here, however for this purpose you need to log into your account.
Comprehensive information from Facebook on data processing in connection with the Facebook Pixel can be found here.
The legal basis for the use of the Facebook Pixel is your consent granted to us, Art. 6 (1) first sentence, (a) GDPR.
This website uses the service DoubleClick and other remarketing tools of the companies Google Inc. and Facebook Inc. in order to record your usage behaviour, in part across devices, using cookies and other technologies in order to present you with tailored advertising or to track the success of our own advertising. By continuing to use our website, you agree to that. You can revoke your consent at any time with effect for the future. You can find more information here https://www.idagio.com/privacy in Part B Sections 1.1 - 1.4.
When you contact us directly without already being a customer of ours, we collect the information which you voluntarily provide to us (e.g. email address, address and other contact details). We use this data to allocate, process and respond to enquiries as well as to store them until such a time as your matter has been completely dealt with. The communication with you may be subject to statutory retention periods and must, if this is the case, be retained by us in line with the legal requirements even after the communication with you has ended. In this case, after the communication has ended, the information contained therein will be blocked for any additional processing beyond that.
The legal basis for the processing is Art. 6 (1) first sentence (f) GDPR. The legitimate interest in the processing is in the handling and answering of your enquiries as well as in enabling us to offer a contact possibility to users of our website.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below, Part A Section 9, d) “Rights of the Data Subject”)
On our website, we link to our company pages on the following companies' social media platforms:
Please note, in the event that you visit these linked sites, information may be collected and processed by the respective platform provider, which may be associated with your respective user account and stored and used according to the data policy of the respective platform operator. Please take time to find out about the manner and extent of data use by the relevant platform operator before visiting the linked sites.
When you register on our website or via our mobile and/or desktop applications and set up a user account, you provide information to us which we store in your customer account:
We use this data to perform the contract concluded with you through means of your registration and to provide our contractual services e.g. in connection with any subsequent subscription.
The legal basis for the processing is Art. 6 (1) first sentence (b) GDPR.
When you set up a paid subscription via your user account, which entitles you to use the IDAGIO services and the content provided, we also collect the following information which is associated with your user account:
We collect and use this data to perform the contract concluded with you and to provide and bill our contractual services. We also require the data regarding your subscription in order to comply with our own contractual accounting obligations towards our licensors. To this end, we generate a random user ID for your account to enable us to produce the respective accounting reports without disclosing information regarding your person. This data is stored by us for as long as is required to fulfil the respective purpose of the processing. After expiry of your subscription, we must retain this data to fulfil our internal contractual obligations for a period of two years, as such data is required, in particular, to verify the calculation of our usage related payments to our licensors. After that period, the data is erased. We install a block to duly limit any use of such data.
In addition, you supply us with the following information to set up a subscription, in order to enable us to collect payment for the subscription:
To process the payment for your subscription, we use the payment services provider STRIPE, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, USA. The processing of payments for European customers is performed via the European subsidiary, STRIPE Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland. Your Payment Details are sent directly to the payment services provider STRIPE but not to us. Accordingly, this data is not stored by us. STRIPE communicates the last four digits of your credit or debit card number as well as the expiry date of the card to us. These digits can be displayed in your user account so that you can check at any time which payment method you are using to pay for your subscription. The sharing of your data takes place exclusively for the purposes of the payment processing with STRIPE Payments Europe Ltd. We are not involved in the further processing of payments via STRIPE. The data controller for the further payment processing is STRIPE Payments Europe Ltd. Insofar as STRIPE processes data outside the EU and the EEA, respectively, we make sure that an appropriate data protection level is achieved by way of EU Standard Contractual Clauses. You can find more information on STRIPE’s data policy here.
The legal basis for the processing is Art. 6 (1) first sentence (b) GDPR.
You can download our mobile and/or desktop applications via the services of third parties (e.g. Apple App Store, Google Play Store). When you download the mobile app, information about your person may be collected by the respective app store. We have no influence on this collection of data and are not responsible for it. The controller for this data processing is the respective app store operator.
You can find the data policy of Google (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) here.
You can find the data policy of Apple (Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA) here.
When you download our app and install it on your end device, we assign you a randomly generated USER ID. When you subsequently set up a subscription within the applications for the IDAGIO services, we collect the following information directly via the app store provider, which is then associated with your USER ID:
This data is required by us to perform the contract concluded with you and is used by us in order to be able to allocate the payment made by you direct via the app store to the subscription set up with us. We also require the data regarding your subscription in order to comply with our own contractual accounting obligations towards our licensors. To this end, we generate a random user ID for your account to enable us to produce the respective accounting reports without disclosing information regarding your person.
This data is stored by us for as long as it is required to fulfil the respective purpose of the processing. After expiry of your subscription, we must retain this data to fulfil our internal contractual obligations for a period of two years, as such data is required, in particular, to verify the calculation of our usage related payments to our licensors. After that period, the data is erased. We install a block to duly limit any use of such data.
The payment for a subscription set up within our application is processed directly via the respective app store provider on the basis of the contract concluded between you and that provider. Your Payment Details are not disclosed to us.
The legal basis for the processing is Art. 6 (1) first sentence (b) GDPR.
With your user account you can purchase third party services through the IDAGIO software which grant you access to contents which are provided through such third-party services (e.g. streaming of live concerts). Such third-party services are identified accordingly on our platform. In such cases, the respective third party is responsible for the offer, your purchase and the transaction of the service. IDAGIO acts on behalf of the respective third party as a platform provider on the basis of a third-party data processing agreement. The technical processing of your purchase as well as the processing of your payment is performed by the service “Ticket Gretchen” of Ticket Gretchen GmbH, Mariahilfer Straße 109/20, 1060 Vienna, Austria. Ticket Gretchen GmbH processes your personal data (payment data and user ID) solely in accordance with and on our behalf and in its role as a subcontractor on the basis of a third-party processing agreement. The data controller is the third party offering the respective third-party services.
When you purchase and pay the services of a third party we collect and process the following information:
We collect and process such data on behalf of the respective third party to execute the agreement which has been concluded between you and the third party, as well as to execute and account for our own contractual obligations towards the respective third party.
Your Payment Details are sent directly to the payment services provider Ticket Gretchen on the basis of a third-party processing agreement but not to us or to the third party offering the service. Accordingly, this data is not stored by us. Ticket Gretchen communicates the last four digits of your credit or debit card number as well as the expiry date of the card to us. These digits can be displayed in your user account so that you can check at any time which payment method you are using to pay for your subscription. The sharing of your data takes place exclusively for the purposes of the payment processing with Ticket Gretchen GmbH. You can find more information on Ticket Gretchen’s data policy here.
The legal basis for the processing is Art. 6 (1) first sentence (b) GDPR.
This data is stored by us for as long as it is required to fulfil the respective purpose of the processing. After expiry of your subscription, we must retain this data to fulfil our internal contractual obligations for a period of two years, as such data is required, in particular, to verify the calculation of our usage related payments to our licensors. After that period, the data is erased. We install a block to duly limit any use of such data.
Furthermore, we save and process this data as well as information on the content to which you have booked access for our own purposes and associate such information with your IDAGIO user account. The data controller in this case is IDAGIO. We use such data to give you, when using the IDAGIO platform, an overview over the contents which you have booked and used and which payment method you have used. The legal basis for the processing is Art. 6 (1) first sentence (b) GDPR. Furthermore, we process this data in order to suggest, on the basis of the content you have used, additional content to you which you might like. Insofar, reference is made to section 8 below.
This data is stored by us for as long as it is required to fulfil the respective purpose of the processing.
Insofar as the above mentioned data is collected as part of the booking and use of third party offers through IDAGIO for the purposes of such third party as well as for our own purposes, the respective third party and IDAGIO are considered joint controllers. This only applies to the collecting of such data. For the use of such data for the respective own purposes as outlined above the data controller is the third party and IDAGIO, respectively. IDAGIO and the third party offering its services through the IDAGIO Platform have concluded a joint data controlling agreement which specifies whom to contact to exercise your right as a Data Subject. You will however also be able to address your rights towards the respective other provider. Upon request we are happy to provide you with the respective joint data controlling agreement.
When you use our website or our mobile and/or desktop applications, we process the following personal data automatically:
The IP address as well as information about your devices are technically required for the retrieval and use of the website and the mobile and/or desktop applications. Without the processing of this data, the website and the mobile and/or desktop applications cannot be accessed and they cannot be displayed.
If you use an end device which runs on the iOS operating system (Apple end devices), in place of the device ID, we use the so-called “Advertising Identifier” (IDFA). This is a unique but non-personalised and non-permanent identification number for a particular end device and is provided by iOS. We use this IDFA only as a device identifier but not to provide you with personalised advertising. You can activate the option “Limit Ad Tracking” in the iOS settings under “Privacy” - “Advertising” in order to prevent the IDFA being sent to us. You can delete the IDFA in the device settings at any time (“Reset Advertising Identifier”). By doing so, a new IDFA is generated which is not associated with the previously collected data. We would note that you might not be able to use all of the functions of our app if you make use of the option to limit the IDFA.
In addition, we assign you an internal user ID for the purposes of managing your user account. This user ID also enables us to de-link certain personal information in the scope of some data processing procedures, in particular those involving third parties (e.g. in the scope of the billing process with our licensors).
In addition, the user ID and IP address are processed by us for the following purposes:
You can find more information on how we collect this data in Part A, Section 3. To process and structure this data in log files, we use the service Papertrail. More information on the Papertrail service can be found in Part A, Section 7.1.
The legal basis is Art. 6 (1) first sentence (f) GDPR. The legitimate interest in the processing is in technically enabling the retrieval of the IDAGIO services, ensuring a comfortable use of our services and ensuring system security and stability.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject")
When you use our website or mobile and/or desktop applications, we collect the following personal data automatically:
You can find more information on how we collect this data in Part A, Section 3. To process and structure this data in log files, we use the service Papertrail. More information on the Papertrail service can be found in Part A, Section 7.1.
For the purposes of calculating our usage based payments to our licensors, we only disclose to such licensors the user ID assigned by us, the type, date, number and status of your subscription, your subscription fee including currency information, the country in which you set up your IDAGIO subscription (determined on the basis of your IP address), the date and time of use, which content you used. It is therefore not possible for our licensors to associate this data with your person.
The legal basis for the processing is Art. 6 (1) first sentence (f) GDPR. The processing of this data is necessary for us to perform our internal contractual obligations.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject")
When you use our website or our mobile and/or desktop applications, we process the following personal data automatically:
We use this data in order to evaluate and analyse the use of our IDAGIO services and our website statistically and, on the basis of the information thereby obtained, to improve our products technically and in terms of content, to identify and remedy errors and weaknesses and to improve the user-friendliness of our IDAGIO services.
You can find more information on how we collect this data in Part A, Section 3. To process and structure this data in logfiles, we use the service Papertrail. More information on the Papertrail service can be found in Part A, Section 7.1. To evaluate this data statistically, we use the service Looker. More information on the Looker service can be found in Part A, Section 7.2.
The legal basis is Art. 6 (1) first sentence (f) GDPR. The legitimate interest in the processing is in the technical analysis of the use of our services in order to enable us to improve our services technically and in terms of content.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject")
When you use our website or our mobile and/or desktop applications, we process the following data about your use of our website and services automatically:
This data is analysed by us and stored with your user account. We process this data in order to suggest, on the basis of the content you have used, additional content to you which you might like. The allocation of such content is partly automated in that we, for example, allocate you to certain user groups on the basis of your previous use. Such groups are then shown and recommended content according to the attributes assigned to the group.
In connection with the offer of interest-based content, we also use your email address (if you have consented to being contacted by email (on this point, see Part A, Section 6)) as well as tokens and IDs for push notifications (if you have allowed push notifications in the settings on your device) in order to send you content offered in this context as push notifications, in-app messages or by email. In this context, we also collect data about how individual users act upon receiving these notifications and whether the links contained in the respective messages are clicked on (“Conversion Tracking”) in order to enable us to recommend more targeted content to you.
You can find more information on how we collect this data in Part A, Section 3. To process and structure this data in log files, we use the service Papertrail. More information on the Papertrail service can be found in Part A, Section 7.1. To collect and analyse the usage data and to send any push notifications to our users, we also use the tool, Braze. More information on the Braze service can be found in Part A, Section 7.3.
The legal basis for the above processing is Art. 6 (1) first sentence, (f) GDPR. The legitimate interest in the processing is in the specialisation of the IDAGIO services as recommendation services for classical music recordings and corresponding content. The processing aids in determining the success of individual content and offers via the IDAGIO services. This is necessary for the improvement of the services, the interest-based presentation and sending notifications about content and offers. Only on the basis of the above data processing can these functions of the service be performed in a meaningful way.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject"). Please note, however, that the selection and recommendation of music in line with your interests is a core part of our service. Hence, if you object to the above processing of data, you will no longer be able to use our service.
As already set out above, we process the following personal data automatically when you use our website or our mobile and/or desktop applications:
We also collect, store and use the data in order to answer your questions regarding the IDAGIO services and to help you when you have technical problems with the IDAGIO software, the IDAGIO services, your user account and your subscription if you contact us in one of these cases. To this end, we will utilise, for example, the usage data stored in your user account, in order to ascertain the cause of possible technical faults or to understand administrative queries in connection with the use of our IDAGIO services.
You can find more information on how we collect this data in Part A, Section 3. To process and structure this data in logfiles, we use the service Papertrail. More information on the Papertrail service can be found in Part A, Section 7.1. To collect and analyse the usage data and to send any push notifications to our users, we also use the tool, Braze. More information on the Braze service can be found in Part A, Section 7.3. For the communication with our users, we also use the tool Intercom. More information on the Intercom service can be found in Part A, Section 7.4.
The legal basis for the above processing is Art. 6 (1) first sentence, (f) GDPR. The legitimate interest in the processing is in answering our users’ questions regarding the IDAGIO services and offering them individual help when they have technical problems with the IDAGIO software, the IDAGIO services, their user account and their subscription.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject").
When you click on links contained in our advertisements and posts on social media and other third-party sites as well as in our newsletters and email marketing, we process the following data:
Our advertisements and posts on social media and other third-party sites as well as in our newsletters and marketing emails contain links. When you click on these links, we collect and process the aforementioned data through means of cookies in order to record the fact that you have clicked on the respective link as well as your subsequent usage behaviour within our services so that we can measure the success of our advertisements and posts.
To collect and analyse this conversion data, we use the tool AppsFlyer. Further information on the AppsFlyer tool can be found in Part A, Section 7.7.
The legal basis is Art. 6 (1) first sentence (f) GDPR. The legitimate interest in the processing is in the specialisation of the IDAGIO services as recommendation services for classical music recordings and corresponding content. The processing aids in determining the success of individual content and offers via the IDAGIO services. This is necessary for the improvement of the services, the interest-based presentation and sending notifications about content and offers. Only on the basis of the above data processing can these functions of the service be performed in a meaningful way.
As far as data processing based on Art. 6 (1) first sentence (f) GDPR is concerned, you have a right to object, without prejudice to other rights. For more on this, see below (Part A Section 9, d): "Rights of the Data Subject")