Information on the conclusion of licence agreements via the GEMA Online Portal

The following information shall apply for licence agreements for the use of musical works that are concluded via the GEMA Online Portal (www.gema.de/portal) between

Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, Bayreuther Straße. 37, 10787 Berlin, Phone: + 49 (0) 30 21245-00, kontakt@gema.de

(hereinafter referred to as “GEMA”)

and

the licensee mentioned in item 2.

 

1. Scope of application, definitions

(1) The following information applies to the business relationship between GEMA and its licensees and becomes part of the licence agreement concluded between GEMA and the licensees via the Online Portal. The General Terms and Conditions which are also agreed upon when a licence agreement is concluded between GEMA and the licensee, shall remain unaffected.

(2) Licensees are considered to be users insofar as they conclude a licence agreement with GEMA for purposes that can predominantly be attributed to neither their commercial nor their independent professional activities. Licensees are, however, considered to be businesses insofar as they conclude a licence agreement with GEMA while acting in their commercial or independent professional activities.

 

2. Concluding an agreement via the Online Portal

(1) GEMA offers its licensees to conclude a licence agreement via the GEMA Online Portal.  Licensees can indicate the purpose or occasion they wish to use the musical works for. On the basis of their information, GEMA will propose the appropriate tariff offered by it. The tariff offered by GEMA constitutes a binding offer to conclude a licence agreement.

(2) If the licensees agree to the proposed tariff, they can, by submitting additional details regarding the use (e.g. time, place/venue, room size, admission/ticket price, type of music use) have the total price determined for the licence fees as part of the licence agreement (including Value-Added-Tax and, where applicable, remuneration payable for other collective management organisations). By clicking on the button “accept contract offer with obligation to pay”, licensees make a binding declaration that they accept the offer of GEMA to conclude a licence agreement subject to the conditions set out in the course of their order.  Prior to sending their notice of acceptance, licensees can change and view the data at any time. The offer can, however, only be accepted and transmitted if licensees accept the General Terms and Conditions of GEMA for concluding a licence agreement by clicking on the button “accept GTCs” and thus have incorporated them into their notice of acceptance. Once the order has been completed by the licensees, the licence agreement between GEMA and the licensees has been made.

(3) GEMA then sends the licensees an automatic confirmation of receipt by e-mail which lists the details of the licensees and selected tariff once more and which can be printed by the licensees via the “print” function.  In this or a separate e-mail, GEMA will send the contractual text (consisting of the order and the GTCs) to the licensees on a durable data storage medium (e-mail). The contractual text will also be stored subject to data protection regulations. Licensees also have the option to view the contractual text in the Online Portal and to save it on their terminal devices.

(4) The agreement shall be concluded in German.

 

3. Awards

All prices which are shown in the Online Portal are deemed to include the respective VAT and any remuneration that GEMA collects on behalf of other collective management organisations.

 

4. Methods of payment

The payment of the licence fee as agreed in the licence agreement shall be made on account. The invoice will be sent to the licensees after the licence agreement has been concluded by post or e-mail. Terms and conditions of payment, particularly the deadline for the settlement of the invoice are set out in the invoice and the General Terms and Conditions.

 

5. Right of revocation

Insofar as licensees conclude the licence agreement as users within the meaning of item 1 (2), they shall have a statutory right of revocation.

The statutory right of revocation shall give licensees the right to revoke the licence agreement within fourteen days without stating any reasons.

The period for revocation shall be fourteen days from the day of the conclusion of the contract.

Licensees can exercise their right of revocation by informing GEMA ([Postanschrift Kunden Center], kontakt@gema.de) by making an unequivocal declaration (e.g. a letter sent by post or an e-mail) about their decision to revoke the licence agreement. Licensees can use the revocation template but it is not mandatory.

To adhere to the period for revocation it is sufficient if licensees send the notice of exercising the right of revocation before the end of the period for revocation.

Consequences of revocation

If licensees revoke the licence agreement, GEMA must reimburse all payments that it received from them until then without delay and no later than within fourteen days from the day that GEMA received the notice of your revocation of this contract.  GEMA shall use the same payment method which was used for the original transaction unless it had expressly agreed upon a different payment method with the licensees; under no circumstances is GEMA going to charge costs because of these reimbursements.

Expiry of the right of revocation

The statutory right of revocation shall expire when GEMA has fully performed the licensing process. The licence is fully issued by GEMA with the conclusion of the licence agreement provided that the licensees have given their express agreement to the licence being issued and have, at the same time, confirmed that they are aware of losing their right of revocation once the licence has been fully issued.

 

6. Contact options for the licensees

Regarding any questions on the licence agreement or general queries or claims, licensees can contact the GEMA customer centre at the following addresses:

                        GEMA customer centre

                        D-11506 Berlin

                        Phone: +49(0) 30 588 58 999

                        E-mail: kontakt@gema.de

 

INFORMATION ON PROCESSING DATA OF LICENSEES
(ART. 13, 14 GDPR)

 

GEMA and its subsidiary companies (hereinafter jointly referred to as: “the company”, “we” or “us”) takes the protection of your personal data very seriously. We would like to inform you on the protection of your personal data in our company in the following.

Pursuant to Article 13 and 14 of the General Data Protection Regulation (GDPR), we are obliged, to the extent that we decide either alone or with others on the purposes and means of data processing, to inform you transparently about the nature, scope, duration and legal basis of the processing.

Said data protection information serves to inform you about the way in which we process your personal data as a licensee. In order to guarantee that you are fully informed about the processing of your personal data, we ask you to take not of the following information.

 

1. RESPONSIBLE OFFICE

The controller for the processing of your personal data is the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA)

Postal address: Rosenheimer Str. 11, 81667 Munich

E-mail: datenschutz@gema.de

 

 

2. DATA PROTECTION OFFICER

If you have any questions regarding data protection, you can contact our data protection officer, Dr. Sebastian Kraska, using the contact details below:

Postal address:          Marienplatz 2, 80331 München

E-mail:                         datenschutzbeauftragter@gema.de

Telephone:                  +49 89 1891-7360

 

 

3. CATEGORIES OF PERSONAL DATA/DATA SOURCES IN QUESTION

We only process such data that is relevant for the forming, the conclusion and execution of the licence agreement for the music use as well as for the distribution to our members. This is data about you, your company and your music uses/exploitations.

We process personal data provided by you for the purpose of forming and concluding the licence agreement or created by us in the course of the performance of the licence agreement. On top of that, we also receive information from our service providers on public music usages which we process for the purpose of rights management, in particular the forming and conclusion of a licence agreement.

 

What data is processed:

 

Nature of personal dataHow is the personal data obtained?Is this “special category of personal data”? (Y/N)
Data about your company and your personal data and contact details - name of the company, name of the contact person, address, phone number and email address, website addressYou provide us with this data for the forming and the conclusion of a licence agreement or we obtain such data from service providers which notify us of a public music use.No
Specific details on your company and your personal data - your contact details, tax number, affiliation with a general agreement partner, name and contact details of a holder of an authorisation/power of attorney.You provide this data when concluding a licence agreement.No
Your customer details - customer number, invoice numbersSaid data will be allocated to you when you conclude the licence agreement and whenever an invoice / demand is issued by us.No
Information on the subject of the licence - type, place and time of the music use, where applicable, number of the event audience, admission fees/ticket prices.You provide us with this data for the forming and the conclusion of a licence agreement or when submitting an event notification, or we obtain such data from service providers which notify us of a public music use.No
Where applicable, usage information - name and contact details of the performers, type of instrumentationYou or a third party (e.g. The performer) provide us with this data after a live event has been held.No

 

 

4. PURPOSES AND LEGAL BASIS OF DATA PROCESSING

We process the aforementioned personal data insofar as it is necessary for the forming, conclusion and execution of the licence agreement. The legal basis for this is Article 6 para. 1 (b) GDPR. In addition, data is processed on the basis of your consent pursuant to Article 6 para. 1 (a) GDPR and insofar as this is necessary to fulfil a legal obligation pursuant to Article 6 para. 1 (c) GDPR or to protect our legitimate interests pursuant to Article 6 para. 1 (f) GDPR. We only process your personal data within the legally permissible scope.

The following table lists the purposes and legal bases for and subject to which we process your personal data:

 

Purpose of the data processingJustification for / legal basis of [data] processingStorage period
Managing the business relationship: Concluding the licence agreement, getting in touch, answering enquiries, managing the customer account, general licensee information, processing complaints

The

  • fulfilment of the licence agreement (Article 6 (1) b GDPR),
  • protection of the legitimate interest of the company (business operations and licensee management, Article 6 (1) f GDPR)

shall be considered as the basis for processing.

Up to 10 years after the end of the licence agreement
Licensing of music usage: Calculating licence fees, dispatching invoices, processing claims, assertion of and defence against claims

The

  • fulfilment of the licence agreement (Article 6 (1) b GDPR),
  • fulfilment of a statutory/legal obligation (Article 6 (1) c GDPR)
  • protection of the legitimate interest of the company (assertion of and defence of claims, Article 6 (1) f GDPR)

shall be considered as the basis for processing.

Up to 10 years after the last invoice / demand has been issued
Royalty distribution to GEMA members:  reconciliation and allocation of usage information, assertion and defence of claims

The

  • fulfilment of the Deed of Assignment with GEMA members (Article 6 para. 1 (b) GDPR),
  • fulfilment of a statutory/legal obligation (Article 6 (1) c GDPR)
  • protection of the legitimate interest of the company (assertion of and defence of claims, Article 6 (1) f GDPR)

shall be considered as the basis for processing.

Up to 10 years after the payout was made

 

 

5. RETENTION PERIOD

We store your personal data in accordance with the applicable data protection regulations only as long as this is necessary for the fulfilment of our obligations, in particular those arising from the licence agreement, and only for as long as this is necessary to achieve the purposes for which your personal data was collected. Due to commercial and tax law provisions, we may be obliged to store your personal data for longer, than is necessary for the aforementioned purposes. You can find out about the respective regular storage period for the purposes we pursue in processing your personal data in the table shown under item 4. If we determine that there is no longer a need or requirement to retain your personal data, we will discontinue to process that data and will delete it from our systems and/or take steps to properly anonymise it in accordance with applicable laws or internal policies, unless we need to retain your data to comply with legal or regulatory requirements to which we are subject.

 

6. RECIPIENTS AND AUTHORISED PERSONS

We only pass on your personal data within our company to those areas and persons who require this data for the forming, the conclusion and execution of the licence agreement as well as for the assertion or defence of claims (e.g. staff of the Licensing Departments, Legal Departments, Finance and Accounting Departments).

Otherwise, data will only be forwarded to recipients outside the company if this is permitted or required by law, if the forwarding is necessary for the forming, conclusion and execution of the licence agreement, if we have your consent, if we are authorised to provide information or if the transfer is made to protect the legitimate interests of the company. Your personal data will not be transferred to service providers outside the European Union.

In addition, your personal data is also processed on our behalf on the basis of order processing contracts pursuant to Article 28 of the GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR.

 

The categories of recipients can thus be:

 

Recipient or category of recipientPurpose of the data processingWhat safeguards are in place for international [data] transfer when the recipient is located outside the European Economic Area?
Service providers such as financial service providers, IT service providers, postal service providers, call centres, consulting, data analysts, auditors, legal advisors, security officers, temp agenciesProcessing is carried out for compliance with legal requirements and/or if the legitimate interest of the company (business operation, licensee management, business segment development) exists.No transfer of data to recipients outside the European Economic Area.
Service providers for the determination of public music uses and conclusion of licence agreements, including customer advisers, distribution partnersProcessing is carried out for compliance with legal requirements and on the basis of a legitimate interest of the company (rights management)No transfer of data to recipients outside the European Economic Area.

 

7. AUTOMATED DECISION MAKING

Currently there is no automated decision making.

 

8. YOUR RIGHTS

The data protection provisions (GDPR, BDSG [German Data Protection Act]) grant you, as a data subject, the rights described below. You can exercise these rights by notifying the company (in person, by e-mail or post) to the contact addresses listed under item 1 of the company or the contact addresses of the data protection officer listed under item 2. These rights - with the exception of the right to withdraw consent - are not absolute but may depend on the circumstances of the individual case.
 

Right to be informed

You have the right to ask for information whether personal data about you are being processed. If this is the case, you may request information about the personal data, such as the purposes or the processing, the categories of the respective personal data and the recipients or categories of recipients, to whom the personal data is disclosed. You have the right to receive a copy of the personal data which are undergoing processing.
 

Right to rectification

You have the right to ask us to correct any inaccurate personal data about you. Depending on the purpose of the processing, you have the right to demand the completion of incomplete personal data, also by way of a supplementary declaration.
 

Right to erasure

In specific cases, you have the right to request that we delete your personal data and we may be obliged to delete your personal data in individual cases.
 

Right to restriction of processing

Under certain conditions, you have the right to request us to restrict processing of your personal data. If this is the case, we will mark the respective data accordingly and only process it for certain purposes.
 

Right to data portability

In certain cases, you have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. If this right exists, you also have the right to transfer this personal data to another data controller/responsible party without hindrance from us.
 

Right to object to processing

You have the right to object to the processing of your personal data by us at any time for reasons arising from your particular situation, insofar as the processing of your personal data is carried out on the basis of Article 6 (1) e or f GDPR. We may be obliged to stop processing your personal data.
 

Revocation of consent

Insofar as you have given us consent for certain processing activities, you may revoke this consent at any time with effect for the future. This revocation shall, however, not affect the lawfulness of the data processing which has taken place prior to the time of revocation. If you wish to withdraw your consent, please send an e-mail to our data protection officer, whose contact details can be found in item 2 above.
 

Right to complain

Furthermore, you have the right to contact the data protection supervisory authorities, the Bayerische Landesamt für Datenschutzaufsicht  [Bavarian State Office for Data Protection Supervision] with regards to complaints about the processing of your personal data.