Legal

EFFECTIVE DATE: February 27, 2019

Terms of Use

These Terms of Use ("Terms") cover your use and access to the services, client software and websites ("Services") provided by SCHNALZ GmbH Our Privacy Policy explains how we collect and use your data.

  • By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy policies. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization. By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement.
  • If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.
  • SCHNALZ offers you a service (Software as a service) which allows you to modify your existing creative material. By using our platform you are acknowledging that your "content," is your own intellectual property and not the intellectual property of another person or entity. This material is not claimed by SCHNALZ, and the intellectual property and copyright of your works remain yours when using our service.
  • You may not copy, upload or share content that is not your intellectual property. Should you violate someone else’s copyright or intellectual property rights when using our service, SCHNALZ is not liable for any damages incurred by you for such violations, and by using our platform you give us the right to terminate or suspend your account for violations.
  • By using our service you accept that SCHNALZ will be hosting, sharing, and modifying your intellectual property for a reasonable amount of time while you are using our platform, and you consent to us and all our trusted 3rd parties we work with to back up and store/share your work with you.
  • Using our platform requires the use of personal email verification or authentication to maintain privacy for your account.
  • By using the platform you agree to use it as an individual, with your own intellectual property, and not as an institution or group of individuals operating through a single account.
  • If at any time we feel your account does not abide by the Privacy Policy and Terms of Use, or threatens the confidentiality or intellectual property rights of other persons and/or entities we reserve the right to terminate your account and/or remove other content you have contributed to the platform. Termination can also result if your activity or account subjects us to legal liability, hampers the service for other users or negatively impacts other users.
  • 1. MODIFICATION AND TERMINATION OF THE SITE

    SCHNALZ is constantly improving the application. Accordingly, SCHNALZ reserves the right to make changes to its site at any time. We also reserve the right to stop or terminate the site altogether. If we stop or terminate the service, we will give you advance notice.

  • 2. DISCLAIMER OF WARRANTIES

    SCHNALZ's services, including without limitation our website, applications, plugins, social media pages, all services provided through or by our website or other apps, and all information, materials, product, content, and other services included on or otherwise made available to you by SCHNALZ are provided "as is".

  • 3. IDEMNIFICATION

    By using our service you agree to defend, indemnify, and hold harmless SCHNALZ and its subsidiaries, employees, related parties, advertisers, directors, advisors, shareholders, officers and affiliates (collectively, "Affiliated Parties") against and from any and all claims, demands, costs, expenses, liabilities, and damages, including legal fees, arising from your use of the site, a violation by you of these Terms of Use or other policies, and/or any intellectual property infringement or violation made by you or your account on the site.

  • 4. THIRD PARTY DISCLAIMER

    By using our platform you understand that the material and opinions shared by third party sources on our platform are not representative of SCHNALZ and its affiliates. This third party content then does not represent SCHNALZ nor does it reflect our opinions. Any third party content shared on our platform represents solely the thoughts of the original creator and is in no way endorsed by us. SCHNALZ does not assume any responsibility for any such content.

  • 5. UNLAWFUL PRACTICES

    If at any time we feel that any aspects of this agreement are being violated we reserve the right to investigate violations or actions and take whatever actions we see fit.

  • 6. APPLICABLE LAW

    By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the Federal Republic of Germany without regard to principles of conflict of laws, will govern the Terms of Use and any claim or dispute of any kind that has arisen or may arise between you and SCHNALZ.

  • 7. SEVERABILITY

    If any of the above Terms of Use are deemed unenforceable, void, or invalid, that terms shall be deemed severable and shall not affect the enforceability and validity of any remaining terms of service.

  • 8. GENERAL

    No aspect of this agreement constitutes a partnership or joint venture of any kind between you and SCHNALZ, its subsidiaries, employees, 3rd parties, directors, advisors, shareholders, officers and/or affiliates.

  • 9. INDIVIDUAL ACCOUNT USE AND DECLARATION

    Accounts created and used within the platform are available solely for individual use. They are restricted to single individuals, and cannot be used by other people, entities or members of an institution that purchases an account.

  • 10. FREE ACCOUNTS

    SCHNALZ offers a FREE ACCOUNT per user to after signing up. Users can use the service for FREE but SCHNALZ reserves the right to deactivate and block accounts in case of abuse, evident fraud or any other activities that either conflict with the laws of the Federal Republic of Germany or with it´s Terms of Service. Free Accounts that are not active longer than three months can be deleted or the uploaded material and content might be erased by SCHNALZ.

  • 11. ACCOUNT CANCELLATION

    Users can cancel their account at any time. After cancelling an account SCHNALZ will delete the user and the from the associated account instantly if the user is in the free plan SCHNALZ TO GO. Should the user be in the paid plan SCHNALZ PLAN or SCHNALZ PROJECT then the user and all the data from the associated account will be deleted after the end of the billing cycle of this plan. SCHNALZ does not take any responsibilty for data that has been uploaded or mastered by SCHNALZ after the user has cancelled their account and cannot provide backups or copy of data of any kind for cancelled accounts.

  • 12. REMOVAL OF INACTIVE ACCOUNTS

    Free Accounts that are not active longer than three months can be deleted or the uploaded material and content might be erased by SCHNALZ. In case the free account SCHNALZ TO GO might contain material that was mastered either in SCHNALZ TO GO or any other plan, the mastered versions of the material will remain on the account until the user cancels it. SCHNALZ reserves the right to notify the user due to inactiviy and delete all the material and the account within 1 month upon notification of the user by sending an email to the adress that the user registered / signed up with.

  • 13. FAIR USE POLICY

    SCHNALZ offers a FREE account where users can process and master an unlimited amount of tracks (fair use) in a given time. Fair use means that SCHNALZ reserves the right to limit the amount of processed tracks iif the user should clearly exceed the usage over a normal level and stress the server infrastructure in a way that could hinder other users to flawlessly use the service, or if the user e.g. offers the SCHNALZ service to a third party as a service in a commercial way.

Last Update: February 27, 2019

Privacy Policy

SCHNALZ Audio GmbH takes privacy seriously.

The following principles underpin our approach to respecting your privacy:

  1. We value the trust that you place in us by giving us your personal information. We will always use your personal information in a way that is fair and worthy of that trust.
  2. We will provide clear information about how we use your personal information. We shall always be transparent with you about what information we collect, what we do with it, with whom we share it and who you should contact if you have any concerns.
  3. We will take all reasonable steps to protect your information from misuse and keep it secure.
  4. We will comply with all applicable data protection laws and regulations and we will co-operate with data protection authorities.
  • What does this Privacy Notice apply to?

    This Privacy Notice applies to personal information collected by SCHNALZ Audio GmbH in connection with the services we offer. This includes information collected offline through our direct marketing campaigns, sweepstakes and competitions, and online through our websites, applications and branded pages on third party platforms and applications accessed or used through such websites or third party platforms ("SCHNALZ Sites"). This Privacy Notice also applies to targeted SCHNALZ content, including offers and advertisements for SCHNALZ Audio GmbH products and services, which we (or a service provider acting on our behalf) may send to you on third party websites, platforms and applications ("Third Party Sites") based on your Site Usage Information (as defined below). These Third Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third Party Sites. This Privacy Notice is hereby incorporated into and forms part of the terms and conditions of use of the applicable SCHNALZ Site. For information about the SCHNALZ Group company responsible for protecting your personal information, see "Your privacy rights and who to contact" below.

  • LEGAL BASIS FOR DATA PROCESSING

    By using a SCHNALZ Site, you are consenting to the relevant SCHNALZ Audio GmbH collecting, using and disclosing your personal information in accordance with this Privacy Notice. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use the SCHNALZ Sites or otherwise provide the relevant SCHNALZ Audio GmbH company with your personal information. SCHNALZ will only collect, use or disclose your personal information where it is fair and lawful to do so. In most cases, we will ask for your consent explicitly but, in some cases, we may infer consent from your actions and behaviour. We may ask you to provide additional consent if we need to use your personal information for purposes not covered by this Privacy Notice. You are not obliged to provide such consent but if you decide not to then your participation in certain activities may be restricted. If you provide additional consent, the terms of that consent shall prevail in the event of any conflict with the terms of this Privacy Notice. Please note, however, that we may process your personal information without consent if we have a legitimate reason to do so (as described below), provided that such use will not have a prejudicial effect on your own rights, freedoms and interests. Any such use shall be in accordance with the SCHNALZ Privacy Principles set out above. You have a right to object to us processing your information where we process your personal information based on a legitimate interest (or those of a third party), however, we may be entitled to continue processing your information where our legitimate interest does not have a prejudicial effect on your own rights, freedoms and interests.

  • Children protection

    The majority of SCHNALZ Sites are designed and intended for use by adults. Where a SCHNALZ Site is intended for use by a younger audience, we will obtain consent from a parent or guardian before we collect personal information where we feel it is appropriate to do so or where it is required by applicable laws and regulations (the age at which consent is necessary varies from country to country). If you are a child over the age where parental consent is required in your country, you should review the terms of this Privacy Notice with your parent or guardian to make sure you understand and accept them. If we discover that we have collected information from a child without consent from a parent or guardian where such consent should have been obtained, we will delete that information as soon as possible. Access to certain parts of the SCHNALZ Sites and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. We may use your personal information to carry out age verification checks and enforce any such age restrictions.

  • What information do we collect?

    In this Privacy Notice, your "personal information" means information or pieces of information that could allow you to be identified. This typically includes information such as your name, address, screen name, profile picture, email address, and telephone number, but can also include other information such as IP address, shopping habits, information about your lifestyle or preferences such as your hobbies and interests. We may collect personal information about you from different sources, including:

    Information you give us directly
    We may collect information from you directly when you provide us with personal information, e.g. when you register, sign up to receive information, use applications, buy a product or service from us, fill out a survey, or make a comment or enquiry. The types of information we may collect from you directly include your:

    • Name
    • Address
    • Email address
    • User name
    • Telephone number
    • Date of birth
    • Credit card or other payment informations
    • Gender
    • User-generated content and other content you submit to SCHNALZ Sites

    Information collected automatically when you use the SCHNALZ Sites
    We (and third party service providers acting on our behalf) use cookies and other tools (such as web analytic tools and pixel tags) to automatically collect information about you when you use SCHNALZ Sites, subject to the terms of this Privacy Notice and applicable data laws and regulations. The types of information collected automatically may include:

    • Your IP address
    • Information about the type of browser you use
    • Details of the web pages you have viewed from SCHNALZ Sites
    • The hyperlinks you have clicked
    • Your user name, profile picture, gender, networks and any other information you choose to share when using Third Party Sites (such as when you use the "Like" functionality on Facebook or the +1 functionality on Google+)
    • The websites you visited before arriving at a SCHNALZ Site
  • How do we use your personal information?

    • We may use your personal information to improve our products and your experience on the SCHNALZ Sites.
    • To contact you regarding products and services which may be of interest to you, provided you have given us consent to do so or you have previously requested a product or service from us and the communication is relevant or related to that prior request and made within any timeframes established by applicable laws.
    • To provide you with products or services that you request from us.
  • HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION

    We generally keep your personal information as needed to provide our services, to achieve purposes for which the personal information is processed and to comply with mandatory legal regulations. When we find that your personal information is no longer necessary for any of the purposes for which it was processed, we discard it.

  • Who do we share your personal information with?

    As a global business, SCHNALZ Audio GmbH may share your personal information with SCHNALZ Sites and trusted third parties such as infrastructure providers, affiliate partners, etc. based outside the country in which you live so that they may process that data on our behalf.

    We may also share your personal information with companies, organisations or individuals outside of the SCHNALZ Audio GmbH such as e.g. tax and legal authorities if we believe that disclosure of the information is necessary for legal reasons.

  • Transferring your personal information

    We may transfer your personal information to servers located outside the country in which you live or to affiliates or other trusted third parties based in other countries so that they may process personal information on our behalf. By using a SCHNALZ Site or otherwise providing SCHNALZ Audio GmbH with personal information, you agree to us doing so in accordance with the terms of this Privacy Notice and applicable data protection laws and regulations. You should be aware that while your personal information is in another country, it may be accessed by the courts, law enforcement and national security authorities in that country in accordance with its laws. Subject to such lawful access requests, we promise that anyone processing your personal information outside your country of origin is required to implement measures to protect it and is only entitled to process it in accordance with our instructions..

  • Safeguarding your personal information

    We take all reasonable precautions to keep your personal information secure and require any third parties that handle or process your personal information for us to do the same. Access to your personal information is restricted to prevent unauthorised access, modification or misuse and is only permitted among our employees and agents on a need-to-know basis.

  • Your privacy rights and who to contact

    In general, you as a data subject have in particular the following privacy rights:

    • You can get an overview of what personal data do we have about you
    • You have a right to portability of your personal information
    • You can get an update or correction to your personal information
    • You can request us to delete or destroy your personal information, where appropriate
    • You can require us to stop or to restrict processing your personal information, where appropriate (for example if you want us to establish its accuracy)
    • You may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered
    • If you have granted consent to processing your personal information, you can withdraw your consent at any time; your withdrawal will not affect the lawfulness of the processing carried out before the withdrawal of your consent
    • You can submit a complaint about how we process your personal data to a relevant Data Protection Office in your country.

    If you have any questions, comments or concerns about how we handle your personal information, then you may contact us by clicking the Contact Us link on the SCHNALZ Site that directed you to this Privacy Notice or by sending a message to info@schnalz.com. Your request will be directed to the appropriate SCHNALZ Audio GmbH department.

  • Changes to our Privacy Notice

    We may change this Privacy Notice from time to time by posting the updated version of the Privacy Policy on the SCHNALZ Sites. We will give you reasonable notice of any material change. We encourage you to visit frequently to stay informed about how we use your personal information.

  • Other SCHNALZ privacy notices

    In addition to this Privacy Notice, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you.

Last update: November 1, 2018