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Data Privacy Policy

(Last updated: April 2023)

Thank you for placing your trust in Mixgate, operating the website under the URL https://mixgate.co (“Website”). With this privacy policy we inform you in detail on the processing of your personal data(“data”) that we collect when you use our services on the Website or simply visit it.

1. Controller

Alexander Kuhn, Keltererweg 3,13595 Berlin Germany, (“Mixgate” or “we”), e-mail address contact@mixgate.app.

2. Accessing the website

You can visit our website without providing any personal information. We temporarily store your access data, which is stored in a log file on our web servers. The access data includes the following information:
◦ IP address of the end device at hand,
◦ Date and time of access,
◦ Name and URL of the retrieved file,
◦ Amount of data transferred,
◦ Message as to whether the retrieval was successful,
◦ Identification data of the browser and operating system used,
◦ The website from which the file was accessed, and
◦ Name of your Internet access provider.

The above mentioned data is technically required for enabling your end device to access our website and use its functions. The data is collected for pre-contractual purposes or the purposes of our legitimate interests to display the content of this website to you (Art. 6 para. 1 s. 1b), f) GDPR).

3. Customer and DJ Account

You have the option to set up an account for using our services. Depending on your demand, you can subscribe as DJ or as customer. To do this, you must enter your title, your first and last name, an e-mail address, and a password. Your registration will be completed via double opt-in. Within the Mixgate account you have the possibility to store data about your means of payment, as well as billing address. In addition, your bookings are stored in your account. Currently, a customer account is mandatory for placing your order.

After you have created an account, you can view and edit your personal data, your orders and requests. Please make sure to log out of your account before leaving our website. You can do this by clicking on the "Log out" button on our website. This serves to protect your data from unauthorized access by third parties. You can terminate your customer account at any time. Mixgate reserves the right to terminate the account with a notice period of four weeks if it has not been used for 3 years

Termination of your DJ account depends on the abonnement you ordered (monthly / yearly, Basic, Plus or Premium). For details please see the details in the Terms & Conditions for DJs. Mixgate uses the payment provider Stripe (operated by Stripe Payments Europe, Limited, 3 Dublin Landings, North Wall Quay, Dublin 1, Dublin, Ireland) to arrange payments.  Hence, any payment method data will not be collected and stored by Mixgate, but will remain with Stripe. The Stripe terms and conditions can be accessed here: https://stripe.com/de/legal/end-users

and the data privacy policy is available here:
https://stripe.com/de/privacy.

4. Newsletter

If you subscribe for our newsletter service, the e-mail address provided will be used to carry out this service. If you no longer wish to receive our newsletter, you can unsubscribe from the newsletter, among others via the settings in your account. By subscribing to our newsletter, you have given the following declaration: "I agree that Mixgate informs me regularly (maximum 2 times a week) by e-mail about news and offers from Mixgate by email. I can revoke this consent at any time with effect for the future." You can revoke this consent at any time with effect for the future. You can inform us of this revocation via any means (e.g. letter, e-mail, link in the newsletter). Alternatively, you can unsubscribe from the newsletter via the settings in your account. 

5. No legal or contractual obligation to provide data

The provision of all data you provide to us is neither contractually norlegally required.

6. Cookies we use

We use cookies on our website to make your visit more attractive and to enable you to use certain functions. Cookies are small text files that are sent from our web server to your browser and stored on your end device. Technically required cookies are set without your consent to perform our services with our legitimate interest (Art. 6 para. 1 s. 1 f) GDPR). Other Cookies are only set if you have explicitly agreed to this via the cookie banner on our Website and your browser settings allow cookies to be issued (Art. 6 para. 1 s. 1 a)GDPR). The cookies contain the following data records:

Name

Purpose

Deletion

_stripe_mid
To provide users with access to the website and its features.
After a certain period of time, as specified in Stripe's cookie policy.
_stripe_sid
To track payment transactions and ensure security.
After the transaction is completed or after a certain period of time, as specified in Stripe's cookie policy.
_ms_mid
To manage user sessions and preferences, such as login status and membership level.
When the user logs out or when their data is no longer needed for legal or operational purposes.
wf-auth
To authenticate user sessions and prevent unauthorized access.
When the user clears their browser cookies or after 40 days, as seen in Memberstack's cookie policy
_ga
To distinguish unique users and analyze website traffic.
After a certain period of time, as specified in Google Analytics' cookie policy.
_gid 
To distinguish unique page views and analyze website traffic.
After a certain period of time, as specified in Google Analytics' cookie policy.

7. Google services belonging to the cookies

The Google services listed here are offered by Google Ireland Limited (“Google”). You can make privacy settings with respect to your Google account here:
https://myaccount.google.com/intro/privacycheckup?utm_source=accounts&utm_medium=callout&utm_campaign=new_privacy_checkup

Google’s privacy policy can be accessed here:
http://www.google.de/intl/de/policies/privacy.

Google stores the data in Ireland but reserves the right to also process data on servers in the USA and, in this respect, has the EU standard contractual clauses and further protective measures (such as transfer Impact Assessment) applied, which are intended to guarantee an adequate level of data protection (Art. 46 (2) c) GDPR). The USA is currently considered a country with an inadequate level of data protection because data subjects do not provide of rights and remedies comparable to those in the EU to protect their personal data.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, to analyse how you use our website. The information generated by the cookie about your visit to this website will be transmitted to and stored by Google on servers, based in the EU and also in the United States. Google uses this information to evaluate your use of the website, to draft reports on website activity for us and to provide us with other services related to website activity and internet usage. We are joint controllers with Google and have entered into a joint control agreement specified by Google through our account with Google (Google Controller-Controller Data ProtectionTerms (safety.google).

Summary of the Joint Control Agreement with Google:

– Each party is responsible for ensuring that a legal basis exists for the respective data processing.

– Data subject rights are performed by Google, insofar as this does not relate to data processing separately performed by us. However, to assert your data protection rights, you can contact us and/or Google.

– The notification of data protection breaches in accordance with Art. 33 GDPR is handled by Google.  We are obliged to report immediately if we suspect a data protection breach.

To ensure an anonymized collection of IP addresses, the source code of Google Analytics has been extended by the code “_anonymizeIp” so that IP addresses are only processed in abbreviated form in order to exclude the possibility of personal references. You can also prevent the storage of these cookies by setting your browser accordingly. You can also prevent the collection of data generated by the cookie and related to your use of our website (incl. your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link:

http://tools.google.com/dlpage/gaoptout?hl=de

Alternatively, you can prevent the collection and use of your data by Google by clicking on the following link:

Deactivate Google Universal Analytics

Clicking this link sets an opt-out cookie that prevents your data from being collected by Google.

For more information on Google’s terms of use and privacy policy for this service, please visit the following links:

http://www.google.com/analytics/terms/de.html

http://www.google.com/intl/de/analytics/learn/privacy.html

Data by Google is collected among others from users of a Gmail account, as Google is also offering this service. You can change your advertising settings for this at https://adssettings.google.com/authenticated so that no more activities and information are collected for personalized advertising.

8. Contact form and chat function

When using our contact form, which can be accessed via the “Contact” link, you will be asked to provide certain data (such as title, surname, first name, e-mail address, telephone number, and message to us). The information marked with an asterisk is mandatory. All information is used to process your request. We use the data to process your enquiry and thus for pre-contractual measures or the purposes of our legitimate interests to enable inquiries about us and to respond to them (Art. 6 para. 1 s. 1 b), f) GDPR).

Without providing the mandatory information, you will unfortunately not receive a response from us. Failure to provide voluntary information will have no effect.

Moreover, as a customer you have the opportunity to contact your DJ directly and chat with him. The processing of this data serves for contractual purposes (art. 6 para 1 s. 1 b) GDPR).

9. Disclosure of your data

We will only disclose your data to third parties if we are entitled or obliged to do so under applicable law.

An entitlement will exist if you give us consent or third parties process the data on our behalf: If we do not carry out our business activities (e.g. operating the website, product customisation, creating and sending advertising material, data analysis and, where applicable, data cleansing) ourselves, but have them carried out by other companies, and these activities involve the processing of your data, we have previously contractually obliged these companies to use the data only for the purposes for which we are legally permitted to do so. We are authorised to monitor these companies in this respect.

In individual cases, we may be legally obliged to pass on personal data to authorities or courts. The associated data processing is thus based on a legal obligation.

Data is passed on to Google on the basis of joint data processing, insofar as you have given us consent to use these services (see section 5. of this DataPrivacy Policy).

10. Storage periods and deletion of your data

The data that you have provided in the context of an order will be deleted after contract processing, unless there are statutory storage obligations. In this case, this data will be kept for up to 10 years. Your data will be blocked for any other use except for email advertising, if applicable. The data that you provide as part of the creation of your account will be and will remain stored until you or we cancel the account. Your e-mail address, which you have provided to Mixgate exclusively in connection with a registration for our newsletter, will be deleted by Mixgate as soon as you have unsubscribed from it or otherwise revoked your consent and have not ordered goods from us at the same time. The data that you provide to us when using our contact form will be deleted as soon as the communication has ended or your request has been fully clarified and this data has not been collected for contractual purposes at the same time. Communication on legal claims is stored for the duration of the regular limitation period. Log files are deleted 7 days after collection. For cookie data see the list above in Section 5. Chat communication will be deleted if your order has been cancelled or performed.

11. Your rights (objection, revocation, information, correction, restriction of processing, deletion, transfer, complaint)

11.1 Objection

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data by us. To do this, you can use the contact options specified in Section 1 above. If you object, we will no longer process your personal data, unless we are able to demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms.

11.2 Revocation

In addition, you have the right to revoke any consent given with effect for the future. The lawfulness of the processing activities based on your consent will, however, not be affected up to the exercise of the right of revocation.

11.3 Other rights

You have the right, free of charge, to be provided with information regarding your personal data stored by us, to correct inaccurate data, and to have data blocked or deleted. You also have the right to be provided with your data in a structured, commonly used and machine-readable format and to have your data transmitted by us to another person. Finally, you have the right to lodge a complaint with a supervisory authority.

With the exception of your right to lodge a complaint with a supervisory authority, you may address your relevant request to the contact details specified in section 1 above.

11. Data security

This website is SSL-encrypted to protect your data. Mixgatealso takes appropriate technical and organisational measures within the meaning of Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the likelihood and severity of the risk to the rights and freedoms of natural persons. Furthermore, we ensure the confidentiality, integrity, availability and resilience of the systems and services in connection with the processing, as well as the rapid restoration of the availability of personal data in the event of a physical or technical incident.

Please note that, while we endeavour to create a secure and reliable website for users, the absolute confidentiality of messages or materials transmitted to, or from, the Website cannot be guaranteed.