Privacy Policy

This privacy policy states which of your personal data we collect, process and use. Therefore, we kindly ask you to carefully read the following statements.

§1 Controller

Bitwig GmbH, Schwedter Str.13, 10119 Berlin, Germany, (hereinafter: "We") is the operator of the website https://www.bitwig.com and therefore the controller of the personal data of the users (hereinafter: "You") of the website in terms of the General Data Protection Regulation (GDPR) and the German Data Protection Act ("BDSG- neu").

§2 Contact Data Protection Officer

Fredrik Astevall, Bitwig GmbH, Schwedter Str. 13, 10119 Berlin, contact@bitwig.com.

§3 General References and Personal Data

(1) We protect your privacy and your personal data. We collect, process and use your personal data in accordance with the content of these data protection regulations and the applicable German data protection laws, including but not limited to the German Data Protection Act (“BDSG- neu”).

(2) Personal data in the sense of this internet privacy means any information relating to an identified or identifiable natural person. This includes but is not limited to your name, your e-mail address and possibly your address and your telephone number as well as your credit card and bank details and your value added tax specifications, should you be a registered trader.

(3) Personal data also include information about your usage of our website. In this context, we collect your personal data as follows: information about your visits to our website, such as the extent of the data transfer, the location from which you retrieve data from our website as well as other connection data and sources that you retrieve. For more detailed information see § 7 and § 8.

§4 Legal Basis for the Processing of Your Data

(1) Some personal data may only be processed with your consent in accordance with Art. 6 para. 1 lit. a GDPR. You can withdraw this consent at any time for the future. "For the future" means that your withdrawal has no effect on the processing of data that we have made between the granting of your consent and your withdrawal. You do not have to justify your withdrawal. An informal message via e-mail to contact@bitwig.com is sufficient.

(2) We process personal data that we require to fulfill or conclude a contract with you or to carry out pre-contractual measures on the basis of Art. 6 para. 1 lit. b GDPR.

(3) Other personal data we process according to Art. 6 para. 1 lit. f. GDPR for the protection of our legitimate interests, e.g. for the technically error-free and optimized provision of our services.

(4) In addition, it may be necessary to process personal data in order to fulfill a legal obligation that we are subject to (Article 6 para. 1 lit. c GDPR) or to protect your vital interests (Article 6 para. 1 lit. d GDPR).

§5 Duration of Storage

We delete or block your data as soon as the respective purpose of the storage is omitted. However, it may happen that the European or national legislator requires a longer storage period. In these cases, the data is not deleted or locked until the corresponding retention period has expired.

§6 No Disclosure of Your Personal Data

We will not disclose your personal data to third parties, except if you have consented to the data transfer or if we are authorized or obliged to transfer data due to legal provisions and/or official or court directions. This may refer to cases including but not limited to the provision of information for the purposes of law enforcement, danger prevention or the enforcement of intellectual property rights.

§7 Processing of Server Log Files

(1) Whenever you access our website, we collect the following information about your computer:

- Your computer’s IP-address
- Product and version information about the browser used
- The request from your browser
- The time of that request
- The status of that request
- The quantity of the transferred data with respect to that request
- The URL of the website from which you accessed our website
- The URL of the websites you access from our website.

(2) The legal basis for this is Art. 6 para. 1 lit. f GDPR. The operator of a website has a legitimate interest in the storage of this data because he needs it to detect and eliminate errors of the website, to determine the utilization of the website or to make improvements.

(3) The purpose of this type of data processing follows from our legitimate interest mentioned above: This data is processed to detect and eliminate website errors in order to determine the utilization of the website or to make improvements.

(4) The data will be deleted within 7 days.

§8 Cookies

(1) We use cookies on our website. These are small text files that are stored on your device and that store certain settings and data for sharing with our system through your browser.

A cookie usually contains the name of the domain from which the cookie data was sent, as well as information about the age of the cookie and an alphanumeric identifier. Cookies allow our systems to recognize the user's device and make any presets available immediately. As soon as a user accesses the website, a cookie is transmitted to the hard disk of the respective user's device.

We use cookies, that are technically necessary and that process data such as language and Log-In information. In addition, we use cookies, that are not technically necessary, and that allow the processing of information about e.g. the frequency of website views and the use of certain website functions.

The cookies we use will only store the information about your use of the website as explained above. This is not done by an assignment to you personally, but by assigning an identification number to the cookie ("Cookie ID"). A combination of the cookie ID with your name, your IP address or similar data that would allow a mapping of the cookie to you does not occur.

(2) The legal basis for the processing of personal data using cookies is Article 6 para. 1 lit. f GDPR, as we have a legitimate interest in improving the operation of our website and using the data for direct marketing purposes.

(3) We use the data that we process using cookies that are technically necessary in order to optimize our website and simplify its use.

We use the data that we process using cookies that are not technically necessary to align our website with your individual interests.

(4) The duration of storage varies depending on whether the cookies are session cookies or temporary cookies. Session cookies are automatically deleted after you leave our website. Temporary cookies are stored on your device for a certain period. Cookies that we use for statistical purposes are automatically deleted after a defined period.

(5) As a user you have full control over the use of cookies and the data processed in this way. If you do not want to use cookies, you can set your browser so that the storage of cookies will not be accepted. Please note that in this case you may be able to use our website only partially or not at all.

§9 Purchase of the Software via Verifone

To offer you simple and convenient transactions, we have teamed up with Verifone (formerly 2checkout, formerly Avangate) to provide a secure and reliable platform for selling our software products online. The entire order process is carried out by Verifone; all personal data collected in this context is processed by Verifone. Verifone undertakes to comply with the requirements of the GDPR.

Further information can be found here: https://www.verifone.com/en/us/gdpr-privacy-policy

You can find Verifone's privacy policy here: https://www.verifone.com/privacy

§10 Sale of physical goods and merchandise

When purchasing physical goods and merchandise from us, we collect the following personal data:
- E-mail
- First and last name
- Shipping address.

We do this to be able to communicate with you regarding the purchase (e.g. to confirm the order) and to ship the goods to your address.

To simplify the payment process for our sales of physical goods and merchandise, the payment process is carried out by Bandcamp; all personal data collected in this context is processed by Bandcamp.
Further information can be found here: https://bandcamp.com/privacy

In addition we will provide your address to the selected delivery service, so they may transport our package to you. We are using the services of DHL Paket GmbH ("DHL") and Deutsche Post AG ("Deutsche Post"). You may find DHL’s privacy statement here: https://www.dhl.de/en/toolbar/footer/privacy-notice.html and Deutsche Post’s privacy statement here: https://www.deutschepost.de/en/f/footer/data-protection-and-cookies.html and here (in German): https://www.deutschepost.de/de/f/footer/datenschutz.html.

§11 Setting up a User Account

(1) In order to make full use of our services, you must create a user account on our website. To do this, you must enter the following data in the input mask:

- E-mail
- First and last name
- Username
- Password
- Country.

We have no access to your password. Changing the password is only possible by means of a password reset process.

(2) Since we require the data to be able to fulfil our contract with you, the legal basis is Art. 6 para. 1 lit. b GDPR.

Furthermore, the processing of data from your user account serves our legitimate interest, so that the processing is also based on Art. 6 para. 1 lit. f GDPR.

(3) Setting up a user account and the data transmitted to us in this context are essential for providing you with our services in full. You need to set up a user account in order to activate the software and receive free upgrades and a notification as soon as the eligibility expires.

Your user account’s data also enable us to determine whether you are the holder of a valid license and whether you comply with its terms, in particular whether you activate the software on no more than three computers.

§12 Activation of the Software’s Final Version / Download an Update

(1) Each time the final version of the software is activated, Bitwig GmbH installs an encrypted file which refers to the respective terminal device’s serial number in order to link the final version to that particular device (challenge-response authentication). Furthermore, when you activate the Bitwig software or install updates, we collect information about:

- Your device (operating system, local user name, hardware device ID)
- The software itself (version, date of activation, successful and unsuccessful updates)
- The serial number of your Bitwig product

(2) We use this data exclusively to activate the software and to provide you with updates.

(3) Since this data is necessary for the performance of the contract regarding the use of our Software, the legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

(4) The information will be stored for as long as you have an active account.

§13 Crash Report

(1) In case of a crash of the software you have the possibility to send us a crash report and thus inform us about the issue. In this case your description of the issue and further background information about the issue will be transmitted to us.

(2) The legal basis for this is Art. 6 para. 1 lit. f GDPR. The stored data enables us to fix the issue and provide you with a functioning software.

(3) We use this data solely to fix the issue.

(4) The data will be stored for as long as we need to fix the software.

§14 Newsletter

(1) If you are interested in receiving our newsletter, you can inform us by activating the respective checkbox when setting up your user account. By doing so, you grant us your consent to use your e-mail for sending our newsletter.

We use MailChimp, a service of Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. The data we need from you for the newsletter distribution will be stored on the servers of MailChimp in the USA. The data is synchronized in real time with our database. Furthermore, MailChimp enables an analysis of our newsletter campaigns. For example, we can see which users have opened our newsletter and how often.

MailChimp guarantees compliance with European data protection standards in the USA through certification according to the "EU-US-Privacy-Shield". Furthermore, we have concluded a data processing agreement with MailChimp, in which MailChimp pledges to protect the data of our customers and not to pass it on to third parties.

You can find MailChimp's privacy policy here: https://mailchimp.com/legal/terms/

(2) The processing takes place only with your consent and therefore on the basis of Art. 6 para. 1 lit a GDPR. You can withdraw your consent at any time for the future and thus unsubscribe from the newsletter. "For the future" means that your withdrawal has no effect on the processing of data that we have made between the granting of your consent and your withdrawal. You do not have to justify your withdrawal. An informal message by e-mail to contact@bitwig.com is sufficient.

(3) We process the data exclusively in order to send you our newsletter.

(4) The data that we have stored in order to send you the newsletter will be deleted as soon as you cancel the newsletter.

§15 Contact Form

(1) In case of technical problems with the software you have the possibility to contact us via the contact form. You must enter the following data:

- Your first and last name
- Your phone number
- Your email address
- The subject of your inquiry
- Your inquiry.

(2) We process this data only with your consent and therefore on the basis of Art. 6 para. 1 lit. a GDPR.

(3) We store this data in order to answer your inquiry and, if necessary, follow-up questions. In addition, we store the data to provide you with technical support and to ensure the usability of our product.

(4) We store the data you enter in the contact form until your request has been processed or for as long as it is necessary to ensure the usability of our product.

§16 Follow Us on Facebook

We have embedded the "Follow us on Facebook" plug-in on our website. This is a plug-in from the social network "Facebook", provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA.

Regardless of whether you have a Facebook account and are logged in or not, the plug-in establishes a direct connection between your browser and the Facebook server and informs Facebook that you are visiting our website with your IP address.

Depending on which page of our website the plug-in is embedded, you will be directed to a corresponding Facebook page by clicking the "Follow us on Facebook" plug-in. If you are logged into your Facebook account during this process, Facebook can associate your visit to our website directly with your Facebook account. If you do not wish to do so, you must log out of your Facebook account before visiting our website.

The exact content of the data transmitted to Facebook and how they are used by Facebook, eludes our knowledge. The privacy policy of Facebook can be found here: https://de-de.facebook.com/policy.php

§17 Follow Us on Twitter

We have embedded a Twitter plug-in on our website. This is a feature of the Twitter social network, Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

Regardless of whether you have a Twitter account and are logged in or not, the plug-in establishes a direct connection between your browser and the Twitter server and informs Twitter that you are visiting our website with your IP address.

Depending on which page of our website the plug-in is embedded, you will be directed to a corresponding Twitter page by clicking the "Follow us on Twitter" plug-in. If you are logged into your Twitter account during this process, Twitter can associate your visit to our website directly with your Twitter account. If you do not wish to do so, you must log out of your Twitter account before visiting our website.

The exact content of the data transmitted to Twitter and how it is used by Twitter eludes our knowledge. The privacy policy of Twitter can be found here: https://twitter.com/privacy

§18 Follow Us on YouTube

We have embedded the "Follow us on YouTube" plug-in on our website. This is a feature of the social network YouTube offered by YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.

Regardless of whether you have a YouTube account and are logged in or not, the plug-in establishes a direct connection between your browser and the YouTube server and informs YouTube that you are visiting our website with your IP address.

Depending on which page of our website the plug-in is embedded, you will be directed to a corresponding YouTube page by clicking the "Follow us on YouTube" plug-in. If you are logged into your YouTube account during this process, YouTube can associate your visit to our website directly with your YouTube account. If you do not wish to do so, you must log out of your YouTube account before visiting our website.

The exact content of the data transmitted to YouTube and how it is used by YouTube eludes our knowledge. The privacy policy of YouTube can be found here: https://www.google.de/intl/de/policies/privacy.

§19 YouTube Videos

We have embedded YouTube videos on our website. This is a feature of the social network YouTube offered by YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.

Regardless of whether you have a YouTube account and are logged in or not, a direct connection between your browser and the YouTube server is established by embedding the videos and YouTube receives the information that you have visited our website with your IP address.

The exact content of the data submitted to YouTube in this way and how it is used by YouTube eludes our knowledge. You can find YouTube's privacy policy here: https://www.google.de/intl/de/policies/privacy.

§20 SoundCloud

We have embedded several SoundCloud plug-ins on our website. This is a feature of the SoundCloud social network operated by SoundCloud Limited, Berners House, 47-48 Berners Street, London W1T 3NF, UK.

Regardless of whether you have a SoundCloud account and are logged in to it or not, a direct connection between your browser and the SoundCloud server is established by embedding the plug-ins and SoundCloud receives the information that you have visited our website with your IP address.

Depending on which page of our website the plug-ins are embedded, you will be directed to a corresponding SoundCloud page by clicking on a plug-in. If you are logged into your SoundCloud account during this process, SoundCloud can map your visit to our website directly to your SoundCloud account. If you do not wish to do so, you must log out of your SoundCloud account before visiting our website.

The exact content of the data transmitted to SoundCloud in this way and how it is used by SoundCloud eludes our knowledge. You can find SoundCloud's privacy policy here: https://soundcloud.com/pages/privacy.

§21 Instagram

We have embedded an Instagram plug-in on our website. This is a feature of the Instagram social network operated by Instagram Inc, 1601 Willow Road, Menlo Park, CA 94025, USA.

Whether you have an Instagram account and are logged in or not, the integration of the plug-in establishes a direct connection between your browser and the Instagram server and sends Instagram the information that you have visited our website using your IP address.

Depending on which page of our website the plug-in is embedded, you will be directed to a corresponding Instagram page by clicking the plug-in. If you are logged into your Instagram account during this process, Instagram can map your visit to our website directly to your Instagram account. If you do not wish to do so, you must log out of your Instagram account before visiting our website.

The exact content of the data transmitted to Instagram in this way and how it is used by Instagram eludes our knowledge. Instagram's privacy policy can be found here: https://instagram.com/about/legal/privacy/.

§22 Google Analytics

(1) Our website uses Google Analytics. This is an analysis tool provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. We use this technology to make your website more interesting. Google Analytics uses text files, so-called "cookies", which are stored on your computer and allow an analysis of the use of the website. The information provided by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IT anonymization is activated on this website, Google will shorten its IP address beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.

Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the activities on this website and to provide other services related to the use of the website and the use of the Internet to the operators of the website. The IP address provided by Google Analytics within the framework of Google Analytics will not be merged with other data provided by Google.

Google Analytics ensures compliance with European privacy standards, in particular with the GDPR. For more information please visit: https://privacy.google.com/intl/en_uk/businesses/compliance/#?modal_active=none

Google's privacy policy can be found here: https://policies.google.com/privacy?hl=en

(2) This kind of processing of your personal data is based on Art. 6 para. 1 lit. f GDPR, as we have a legitimate interest in improving the services of our website and our advertising.

(3) The purpose of the processing is our legitimate interest in improving the services of our website and our advertising.

(4) If you only want to accept our own cookies, but not the cookies of our service providers and partners, you can choose the setting in your browser "block third-party cookies".

§23 Data Security

We protect our website and other systems by technical and organisational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons. In particular, these measures are :
- Application Firewall
- System Level Firewall
- Communication to all systems are encrypted (SSL, SSH, VPN)
- All user passwords are encrypted
- Access rights to data and all systems inside Bitwig are limited by use of a rights management system.

§24 Data Protection and Third-Party Websites

(1) This website may contain hyperlinks to or from third-party websites. If you follow a hyperlink to one of these websites, please note that we cannot assume any responsibility or guarantee for external contents or data protection conditions. Please verify the respective applicable data protection provisions before you transfer personal data to these websites.

(2) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are not liable for the constant and uninterrupted availability of our trading system.

§25 Amendments of this Privacy Policy

We reserve the right to amend this privacy policy at any time with future effect. The respective latest version is available at all time on the website. Please access the website regularly to find out about the applicable privacy policy.

§26 Your Rights and Contact Information

(1) Right to withdraw your consent acc. Art. 7 para. 3 GDPR: In cases where the processing of your personal data is only possible with your consent, you can revoke this consent at any time in the future. "For the Future" means that your revocation has no effect on the processing of data that we have made between the granting of your consent and your revocation. You do not have to justify your withdrawal. An informal message via e-mail to contact@bitwig.com is sufficient.

(2) Right of access by the data subject in acc. Art. 15 GDPR: You may request confirmation from us at any time whether we process personal information concerning you. In this case, you have the right to request information about:

- The purposes for which we process your personal information
- The categories of personal data we process
- The recipients or categories of recipients to whom we have disclosed or will disclose the data
- The storage duration (as far as possible)
- The right of rectification, erasure or restriction of our processing, as well as the right of opposition to such processing
- The existence of a right of appeal to a supervisory authority
- The origin of your data, as far as they were not collected by us
- The existence of automated decision-making including profiling and, where appropriate, detailed information on the logic, scope and impact of such processing.

For this purpose and / or for more information, please contact us via contact@bitwig.com. If you have any questions, comments or inquiries regarding the processing of your personal data, please also contact us at the contact details provided.

(3) Right to rectification acc. Art. 16 GDPR: You can view your personal data at any time free of charge and, if necessary, request their correction and supplementation.

(4) Right to erasure acc. Art. 17 GDPR: You can view your personal data at any time free of charge and request cancellation if:

- These are no longer needed for the purpose for which they were processed
- You have revoked your consent and there is no other legal basis for the processing
- You have filed an objection against the processing of your data acc. Art. 21 GDPR
- We have processed your data unlawfully
- The deletion is required to fulfill a legal obligation under EU or national law.

(5) Right to restriction of processing acc. Art. 18 GDPR: You can view your personal data at any time free of charge and, if necessary, request their blocking if:

- You deny their accuracy,
- The processing is illegal, but you reject the deletion of the data
- We no longer need the data, but you need it for the assertion, exercise or defense of legal claims
- You have filed an objection against the processing of your data acc. Art. 21 GDPR, but it is not yet certain whether our interests in processing outweigh your interests.

(6) Right to data portability acc. Art. 20 GDPR: At our request, we are required to provide you with data that we process automatically based on your consent or in fulfillment of a contract in a portable and secure format. The direct transfer of data to another person responsible is also possible at your request. However, it only takes place if technically feasible.

(7) Right to object acc. Art. 21 GDPR: In cases where we use your data on the basis of Art. 6 para. 1 lit. f GDPR, you have the right to appeal against the processing, as far as there are reasons for this, which result from your particular situation or the objection against direct mailing.

(8) Right to lodge a complaint with a supervisory authority acc. Art. 77 GPDPR: If we have violated data protection regulations, you can contact the country's regulatory authority for data protection in the non-public area. The responsibility depends on the location of our company. For companies based in Berlin, the following entity is the responsible supervisory authority:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstraße 219
10969 Berlin
Besuchereingang: Puttkamer Straße 16 - 18 (5. Etage)
Telefon: 030/138 89-0
Telefax: 030/215 50 50
E-Mail: mailbox@datenschutz-berlin.de