Privacy Policy

The protection of your personal data is very important to us. In the following we would like to inform you in detail about the type, scope and purpose of the processing of your personal data when visiting our website (“Website”) and using any of our software products (the “Software”). Personal data means any information relating to you or another identifiable natural person.

Data controller / Responsibility

Data controller, meaning the entity which determines the purposes and means of the processing of your personal data:

Legal Basis of Processing Personal Data

We only collect or otherwise process your personal data for certain purposes and if we have a legal basis under applicable law to do so. Such legal bases include:

• Performance of a Contract: When it's necessary for us (or a third party) to process your personal data to:
  • comply with obligations under a contract with you. This includes our obligations under our EULA to provide you with our Software (as also defined in our EULA), or
  • verify information before a new contract with you begins.
• Legitimate Interest: When we or a third party have an interest in using your personal data in a certain way, which is necessary and justified considering any possible risks to you and other users. Please contact us if you want to understand a specific justification.
• Consent: When we ask you to actively indicate your agreement to our use of your personal data for a certain purpose. For example, when you decide to sign up for our newsletter.
• Compliance with Legal Obligations: When we must process your personal data to comply with a law.

Collection of Personal Data When Visiting Our Website; Use of Cookies

When you visit our Website (https://timeoff.audio including any subdomains) for informational purposes only, i.e., if you do not send us information elsewhere, we only collect the personal data that your browser sends to our server. If you wish to view our Website, we collect the following data, which are technically necessary for us to display our Website and to ensure its stability and security (legal basis: “Legitimate Interest” and in some cases “Performance of a Contract”):

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time ("GMT")
• Content of the request ("concrete page")
• Access Status/ HTTP Status Code
• Amount of data transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software

Our Website is hosted by the service provider Vercel Inc., thus any data collected via our website, including e-mails, is stored on Vercel Inc.’s servers which are located at various locations across the globe, subject to a data processing agreement to manage and protect your data in accordance with this privacy policy.

Use of Cookies

Cookies are used on our Website in order to make visiting our Website attractive and to enable the use of certain functions. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. If a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is visited again.

We use necessary (essential, absolutely necessary) cookies. These cookies are absolutely necessary for the operation of a website, for example to store logins or other user entries or for security reasons (legal basis: “Legitimate Interest” and in some cases “Performance of a Contract”).

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our Website cannot be offered without the use of cookies. It is necessary that the browser is recognized even after a page change. The collected necessary Cookies are not used to create user profiles (legal basis: “Legitimate Interest” and in some cases “Performance of a Contract”).

You as a user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of non-essential cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our Website, it is possible that not all functions of the Website can be used to their full extent.

Non-essential cookies and other technologies are only placed on your computer or device if you have consented to us doing so.

Collection of Personal Data When Contacting Us by E-mail

When you contact us by e-mail, the data you provide (i.e., e-mail address, name, telephone number, etc.) will be stored by us in order to answer your inquiry. The data will be used exclusively for processing the conversation.

The legal basis for the processing of the data is your “Consent” by sending your information. If the e-mail contact aims at the conclusion of a contract (e.g., obtaining information about our services), the legal basis for the processing is “Performance of a Contract”.

Collection of Personal Data When Creating a User Login Account

If you wish to obtain a license to our Software, you must register on our Website with the required information (registration data), which may include:

• First and last name
• Email address
• Mailing address
• Phone number
• Username and password
• License key

During the checkout process, you will be asked to set up an account with the third-party e-commerce provider Moonbase. Please note that Moonbase acts as an (independent) data controller, so any information provided by you to Moonbase will be subject to Moonbase’s privacy policy (https://moonbase.sh/privacy-policy/). Therefore, any requests concerning your data stored on the Moonbase platform will need to be made directly to Moonbase as further explained in Moonbase’s privacy policy.

After entering your registration data, this data is stored in Moonbase’s registration database together with a license key, which we will have access to. To use the Software, the Software must be authorized in an online process in order to activate it. In addition to the requested data, you can voluntarily provide further data in your account settings. As part of the registration process, we obtain your consent to the processing of your registration data and other data. If you have given your consent, the legal basis for processing your registration data and other data is “Consent”. If the registration serves to fulfill a contract to which you are a party or to carry out pre-contractual measures, the legal basis for processing your registration data and other data is also “Performance of a Contract”.

We use the registration data for the establishment and processing of user registrations, in particular for your unique identification, for the creation and management of your user account, for the authorization of the Software license and for contacting you when necessary.

Your registration data and all other personal data can be deleted if you send a corresponding request via https://timeoff.audio/support or by email to [email protected]. Your request for deletion will then be confirmed and carried out.

If your registration data and the other data are required to fulfill a contract to which you are a party or to carry out pre-contractual measures, the data will only be deleted when they are no longer required for the fulfillment of the contract or pre-contractual measures. However, we would like to point out that it may be necessary to save your registration data even after the contract has been fulfilled in order to meet contractual or legal obligations.

You can revoke your consent to the processing of your registration data and other data at any time with effect for the future. The legality of the processing of your registration data based on your consent up to the point of revocation is not affected. If your registration data is required to fulfill a contract or to carry out pre-contractual measures, (premature) deletion of your data is only possible if there are no contractual or legal obligations to prevent deletion.

Collection of Personal Data When Using the Software

When using the Software, we collect information about your Software license, information about your interactions with the Software, inferences drawn about your interests and preferences based on your usage of the Software and certain technical data (e.g., online identifiers including cookie data and IP addresses, information about the types of devices you are using, device type, operating system, installed version of our Software) (collectively “Usage Data”). Processing of such Usage Data is necessary to provide and personalize the Software, to provide you with and install the most recent version of the Software, to understand, diagnose, troubleshoot, and fix issues with the Software, and to fulfill our contractual obligations described in our EULA (legal basis: “Performance of a Contract” and in some cases “Legitimate Interest”).

Collection of Personal Data for Receiving Our Newsletter

You have the option of subscribing to our free newsletter via our Website by entering your email address. When you register to receive our newsletter, we obtain your consent to the processing of your data for such purpose.

The legal basis for processing your data after registering for our newsletter is “Consent”.

We will only use the email address you provided to send our newsletter to you.

The email address you provide will only be stored by us for as long as you would like to receive our newsletter. You can revoke your consent to us at any time and thereby unsubscribe from the newsletter with effect for the future. You can also revoke your consent by clicking on the unsubscribe link in the footer of each newsletter. Withdrawing your consent does not affect the legality of the processing of your data for the receipt of the newsletter based on your consent up to the point of withdrawal.

The legal basis for this is “Consent”.

Disclosure of Personal Data to Third Parties

Your personal data will not be transferred to third parties for purposes other than those mentioned above. We will also only share your personal data to third parties if:

• you have given your “Consent” as defined by applicable law,
• the disclosure pursuant to our “Legitimate Interest” is necessary to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
• in the event that there is a legal obligation to disclose the data in “Compliance with a Legal Obligations”, and
• this is legally permissible and should be necessary for the “Performance of a Contract”.

General Data Deletion and Storage Period

Your personal data will be deleted or blocked as soon as the purpose of the data storage no longer applies and there is no need for store the data. A requirement for the storage of personal data exists in particular if the data is still needed to fulfill contractual services, to check and grant or ward off warranty and guarantee claims. In the case of legal storage obligations, deletion only comes into consideration after expiry of the respective storage obligation. Furthermore, storage can be carried out if this has been provided for by an applicable legislator. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary to continue storing the data for the conclusion or fulfillment of a contract.

Automated Decision Making, Profiling

Automated decision-making including profiling does not take place.

Links to Other Websites

If we provide links to websites of other companies, private individuals or organizations, this privacy policy does not apply to the processing of personal data by this organization. We therefore recommend that you read the data protection notices on the other websites you visit.

Your Rights as a Data Subject

To the extent permitted by applicable law:

• You have the right of access to personal data concerning you. You can contact us for information at any time. In the case of a request for information that is not made in writing, we kindly ask for your understanding that we may ask you to provide evidence that proves that you are the person you claim to be.
• You have the right to rectification, erasure (“Right to be forgotten”), or restriction of processing, as far as you are legally entitled to do so.
• You have a right to object to processing, insofar as the processing of data is based on our Legitimate Interest.
• You also have a right to data portability to the extent technically feasible.
• If you have given your consent to process your data, you can revoke it at any time. Such a revocation influences the permissibility of processing your personal data after you have given it to us.
• Insofar as we base the processing of your personal data on the weighing of interests, you may object to the processing. This is the case if the processing is not necessary for the fulfillment of a contract with you, which is described by us in the following description of the functions. In the event of such an objection, please explain the reasons why we should not process your personal data. In the event of your justified objection, we will examine the situation and will either stop or adapt the data processing or inform you of our compelling reasons for continuing the processing.
• You also have the right to lodge a complaint about the processing of personal data by us to a data protection authority, including the Office of the Privacy Commissioner of Canada (OPC) and the Commission d’accès à l’information du Québec (CAI). However, we encourage you to reach out to us first to give us the chance to react appropriately to any requests or concerns you may have.

Status: August 05, 2024