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Data Protection Declaration

1. Introduction

Thank you for visiting our website. We take data protection very seriously and strive to protect your personal data within the scope of our website.

By personal data we understand all data about the personal and factual circumstances of a natural person. Personal data collected on our website is used exclusively for our own purposes.

2. Persons in Charge

MUSIC STORE professional GmbH
Data Retention
Istanbul Straße 22-26
D-51103 Cologne
Phone: +49 (0)221 88840
E-mail: datenschutz@musicstore.de
Legal representative: Michael Sauer

3. Rights Concerned

Within the scope of our data processing, your personal data will be processed by us. You are entitled to the rights from the third chapter of the DS GMO in relation to our company.

Right to Information

You have the right to a request to confirm whether we are processing personal data concerning you. If this is the case, you have a right to information about this personal data as well as to the following information:

a) Processing purposes;
b) The categories of personal data being processed;
c) The recipients or categories of recipients by whom the personal data has been disclosed or are still being disclosed, in particular recipients in third countries or international organisations;
d) If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
e) The existence of a right to have your personal data corrected or deleted or to have the data controller restrict or object to such processing;
f) The existence of a right of appeal to a supervisory authority;
g) Where the personal data is not collected from the data subject, all available information on the origin of the data;
h) The existence of automated decision-making, including profiling in accordance with Article 22 (1) and (4) and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

When personal data is transferred to a third country or an international organisation, you have the right to be informed of the appropriate guarantees under Article 46 DS-GMO in relation to the transfer.

We will provide you with a copy of the personal data that is the subject of the processing. We may charge an appropriate fee based on administrative costs for any additional copies you request. If you request information electronically, we must make the information available in a common electronic format, unless you specify otherwise.

The right to receive a copy shall not prejudice the rights and freedoms of others.

Right to Correction

You also have the right to request that any inaccurate personal data concerning you be corrected immediately. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

Right to Erasure

You also have the right to request us to immediately delete personal data relating to you. We are also obliged to delete personal data immediately if one of the following conditions applies:

(a) The personal data is no longer necessary for the purposes for which they were collected or otherwise processed.
(b) You withdraw your consent, on which the processing was based in accordance with Article 6 I(a) DS-GMO or Article 9(2)(a), and there is no other legal basis for the processing.
(c) You oppose processing in accordance with Article 21(1) and there are no overriding legitimate grounds for processing or oppose processing in accordance with Article 21(2).
(d) The personal data has been processed unlawfully.
(e) The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
(f) The personal data has been collected in relation to information offered by services provided in accordance with Article 8(1).

(2) If we have made the personal data public and we are obliged to delete them in accordance with paragraph 1, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you have requested the deletion of all links to this personal data or of copies or replications of this personal data. This shall not apply where processing is necessary a) to exercise the right to freedom of expression and information; b) to fulfil a legal obligation required for processing under the law of the Union or of the Member States to which we are subject, or to perform a task in the public interest or in the exercise of official authority conferred on us; c) for reasons of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3); d) for archiving purposes of public interest, scientific or historical research purposes or for statistical purposes referred to in Article 89(1), where the right referred to in paragraph 1 is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing; or e) for the enforcement, pursuit or defence of claims.

Right to Limitation of Processing

(1) You have the right to request us to restrict processing if

a) The accuracy of your personal data is disputed for a period of time that enables us to verify the accuracy of the personal data;
b) The processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
c) We no longer need the personal data for the purposes of processing, but you do need them to assert, exercise or defend legal claims, or
d) You have lodged an objection to the processing referred to in Article 21(1) until it is established whether our legitimate reasoning outweighs yours.

(2) Where the processing referred to in paragraph 1 has been restricted, such personal data may only be processed with your consent or for the purpose of asserting, exercising or defending rights or for the protection of the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State, other than their storage. 4.5.2016 L 119/44 Official Journal of the European Union DE

(3) A data subject who has obtained a restriction on processing in accordance with paragraph 1 shall be informed by the data controller before the restriction is lifted.

Right to Data Transferability

(1) You have the right to receive the personal data concerning you that you have provided to us in a structured, current and machine-readable format, and you have the right to transmit this data to another person without hindrance by us, provided that

a) processing is based on the consent referred to in Article 6(1)(a) or Article 9(2)(a) or with a contract referred to in Article 6(1)(b); and
b) processing is carried out by means of automated methods.

(2) When exercising your right to data transferability in accordance with paragraph 1, you have the right to request that the personal data be transferred directly by us to another responsible person, insofar as this is technically feasible.

(3) The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. This right shall not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

(4) The right referred to in paragraph 2 shall not hinder the rights and freedoms of other persons.

You also have the right to consult our data protection officer regarding the aforementioned rights as well as all questions in connection with the processing of your personal data.

Right of Appeal

You may also exercise your right of appeal to the relevant regulatory authorities.

Right of Objection

You have the right to object at any time to the processing of personal data concerning you on the basis of Art. 6 I e) or f for reasons arising from your particular situation; this also applies to profiling based on this provision. The data controller will then no longer process the personal data, unless they can prove compelling grounds for processing that outweigh the interests, rights and freedoms of your person or the processing serves to assert, exercise or defend legal claims and you can also assert your right of appeal to the relevant regulatory authorities.

4. Log Files

In the context of the use of our Internet services, the connection information is stored in the server log files.

This information includes:
IP address of the client system
Browser information such as operating system and screen resolution used
Requested web page
Website of origin
Time of the request

The web server logs are processed for security purposes only. We use the log data only for statistical evaluations for the purpose of planning, security and optimisation. However, we reserve the right to study the log data if subsequently there is a justified suspicion of illegal use based on concrete evidence.

5. Cookies

This website uses cookies. Cookies are text files that are stored on your end device. Cookies can be read, transferred and modified by the website when the website is accessed. We use cookies only with random, pseudonymous identification numbers. These identification numbers are used to evaluate your usage behaviour on our website. At no time is the user profile assigned to the name of a natural person. If you use special functions (such as the shopping cart or "remain logged in") of our website, cookies are also used for these functions.

It is possible at any time to object to the use of cookies by changing the setting in your Internet browser accordingly. Cookies can be deleted. Please note that if cookies are deactivated, not all functions of our website may be fully usable.

6. Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files on the user’s computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will restrict your IP address beforehand within Member States of the European Union or in other countries party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA 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 website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookies and relating to your use of the website (including your IP address) and from processing this data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

You can prevent Google from collecting the data generated by the cookies and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en

As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is stored on your mobile device. If you delete your cookies, you must click the link again.

We have entered a service contract agreement with Google Germany GmbH - GOOGLE ANALYTICS DEUTSCHLAND, which ensures that personal data is processed exclusively in accordance with our instructions as a rule within Europe. IP anonymisation (IP mask method) is activated on our website, which automatically makes the IP address anonymous.

Further information on Google Analytics and data protection can be found on the website https://www.google.com/intl/en/analytics/privacyoverview.html.

Google Tag Manager

We use Google Tag Manager. It is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create user profiles, store cookies or perform any independent analysis. It is used only to manage and display the tools it integrates. However, the Google Tag Manager does collect your IP address, which may also be transmitted to Google's parent company in the United States.

The use of Google Tag Manager is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in quickly and easily integrating and managing various tools on its website. If consent has been obtained, the processing is based solely on Art. 6 para. 1 lit. a GDPR; consent may be revoked at any time.

7. Klarna

In order to be able to offer you Klarna's payment methods, we may pass on your personal data in the form of contact and order data during checkout to Klarna so that Klarna can assess whether you are eligible for their payment methods and to adapt these payment methods for you. Your transmitted personal data will be processed in accordance with Klarna's privacy policy

8. The application of the retargeting technology of The Trade Desk

Our website uses retargeting technology provided by The Trade Desk, Inc. ("The Trade Desk"). This function is used to present interest-based advertisements to website visitors as part of The Trade Desk advertising network. The browser of the website visitor stores, if this cookie use has been consented to in our Cookie Consent sub-category "Marketing", so-called "cookies", text files which are stored on your computer and which make it possible to recognise the visitor when they visit websites which are part of The Trade Desk's advertising network. On these pages, the visitor may then be presented with advertisements that relate to content that the visitor has previously accessed on websites that use The Trade Desk's retargeting technology. According to its own information, The Trade Desk collects pseudonymised data during this process.

 If you do not wish to allow the use of this retargeting function, you can deactivate it. Please note that deactivation must be carried out separately for each browser or for each device using one of the following methods:

 - Via the deactivation in our Cookie-Consent subcategory "Marketing"

- Via the AdChoices icon in the advertising banner

- Via https://www.youronlinechoices.com

- Directly on The Trade Desk here: https://www.adsrvr.org

- On mobile apps: https://www.networkadvertising.org/mobile-choice and https://www.aboutads.info/choices

 More information on The Trade Desk's retargeting technology, The Trade Desk's privacy policy and opt-out options can be found at: https://www.thetradedesk.com/general/privacy

9. Econda

For the demand-oriented design and optimisation of this website, anonymised data is collected and stored by solutions and technologies from Econda GmbH http://www.econda.de/en/ and user profiles are created from this data using pseudonyms. For this purpose, cookies may be used that enable the recognition of an Internet browser. However, user profiles are not merged with data about the bearer of the pseudonym without the express consent of the visitor. In particular, IP addresses are made unrecognizable immediately after receipt, which makes it impossible to assign user profiles to IP addresses. Visitors to this website may object to the collection and storage of data here at any time in the future.

10. Use of Facebook Plug-ins

Our website uses so-called social plug-ins from the social network Facebook, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA. The plug-ins are marked with a Facebook logo or with the addition of "Facebook Social Plug-in" or "Facebook Social Plug-in".

When you access a page of our website that contains such a plug-in, your browser establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the page. Through this integration Facebook receives the information that your browser has called up the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged on to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plug-ins, for example by clicking the "I like" button or making a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of your privacy can be found in the data protection information of Facebook: http://www.facebook.com/policy.php/

If you do not want Facebook to associate the data collected via our website directly with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the Facebook plug-ins from loading with add-ons for your browser, e.g. with the "Facebook Blocker".

11. Use of Twitter plug-ins (e.g. "Twitter" button)

Our website uses so-called social plug-ins ("plug-ins") of the microblogging service Twitter, which is operated by Twitter Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plug-ins are marked with a Twitter logo, for example in the form of a blue "Twitter bird". An overview of the Twitter plug-ins and their appearance can be found here: https://about.twitter.com/en_gb/company/brand-resources.html

When you access a page of our website that contains such a plug-in, your browser establishes a direct connection to Twitter's servers. The content of the plug-in is transmitted directly from Twitter to your browser and integrated into the page. The integration gives Twitter the information that your browser has called up the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is transmitted directly from your browser to a Twitter server in the USA and stored there.

If you are logged in to Twitter, Twitter can immediately associate your visit to our website with your Twitter account. If you interact with the plug-ins, for example by pressing the "Twitter" button, the corresponding information is also transmitted directly to a Twitter server and stored there. The information will also be published on your Twitter account and displayed to your contacts.

The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your relevant rights and setting options for the protection of your privacy can be found in the Twitter data protection information: https://twitter.com/privacy

If you do not want Twitter to associate the data collected via our website directly with your Twitter account, you must log out of Twitter before visiting our website. You can also completely prevent the Twitter plug-ins from loading with add-ons for your browser, e.g. with the script blocker "NoScript" (http://noscript.net/).

12. Contact Form

In the context of the contact form, you have the possibility to send any data to us. The data is forwarded by our web server via e-mail to our company's e-mail inbox. Please note that communication via the contact form is not encrypted. Please use a secure communication channel for confidential communication in your own interest.

13. Order

The personal data that you provide us, e.g. when placing an order or by e-mail (e.g. your name and your contact data), will only be processed for correspondence with you and only for the purpose for which you have made the data available to us. We use the data provided by you to fulfil and process your order. For the fulfilment of the contract we pass on your data to the shipping company commissioned with the delivery, as far as this is necessary for the delivery of ordered goods. For the processing of payments we pass on the payment data required for this to the credit institution commissioned with the payment and, if applicable, to the payment service provider commissioned by us or to the payment service selected by you in the order process.

Personal data that we receive as part of an order will be stored by us for the duration of the statutory retention periods.

14. Preparation of the Statistical Extrapolation

We reserve the right to process invoice data for internal testing purposes. For this purpose, invoice data is analysed and a statistical extrapolation of the risk of default is created. We have commissioned Experian GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany, to prepare the statistical extrapolation. Experian GmbH acts as a commissioned data processor. In this respect, we have entered into an agreement in accordance with Art. 28 GDPR. The statistics compiled are anonymised. It is therefore not possible to identify individual customers.

The data is processed in accordance with our legitimate interest pursuant to Art. 6 para. 1 lit. f) GDPR.

Further information can be found in Experian's privacy policy: https://www.experian.de/legal/datenschutz

15. Transmission to infoscore Consumer Data GmbH

Customer data may be transmitted to the credit agency infoscore Consumer Data GmbH (ICD), Rheinstraße 99, 76532 Baden-Baden, Germany, Commercial Register: Mannheim Local Court, HRB 201953, in connection with an order.

This data is transmitted to infoscore Consumer Data GmbH if one of the following conditions is met:

  • The claim has been established by a final judgement or a judgement declared provisionally enforceable or there is a debt instrument in accordance with Section 794 of the German Code of Civil Procedure.
  • The claim has been established in accordance with section 178 of the Insolvency Code and has not been disputed by the debtor at the verification meeting.
  • The person concerned has expressly recognised the claim.
  • The person concerned has been sent at least two written reminders after the claim became due, the first reminder was sent at least four weeks ago, the person concerned has been informed in advance, but not before the first reminder, about a possible consideration by a credit agency and the person concerned has not disputed the claim.
  • The contractual relationship on which the claim is based can be cancelled without notice due to payment arrears and the person concerned has previously been informed of possible consideration by a credit agency.

The transmission takes place exclusively via negative data. Negative data refers to negative payment experiences or non-contractual behaviour. This involves the transmission of identification data (e.g. name, address, date of birth ) and data on non-contractual behaviour are transmitted.

The data is processed on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f) GDPR.

Further information on infoscore Consumer Data GmbH can be found at: https://www.experian.de/icd-infoblatt

16. Newsletters

We also use your e-mail address if you have subscribed to our newsletter via Double-OptIn in order to send you our newsletter and for information which may contain interesting current information about our shop, special offers and promotions.

If you do not (no longer) wish to receive the newsletter, you can click on the link "Unsubscribe newsletter" free of charge and at any time in the newsletter and you will no longer receive any further newsletters. If you no longer wish to receive information letters, catalogues and flyers, you can unsubscribe at any time and free of charge by sending an e-mail to datenschutz@musicstore.de You can revoke your consent to the use of your data mentioned here at any time with effect for the future.

17. Legal Basis of Processing

The legal basis of data processing within the framework of the EU basic data protection regulation for our data processing results from Art. 6 DS-GMO. In detail, depending on the situation in which we process your data, different legal bases may arise.

Acquiescence

Where your consent has been obtained for the processing of personal data, Article 6 I (a) DS-GMO is the legal basis for data processing. Given consent can be revoked at any time with effect for the future.

Contract

For the processing of personal data collected for the fulfilment of a contract to which you are a party, Article 6 I b) DS-GMO is the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Legal Requirements

As far as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Article 6 I c) DS-GMO serves as legal basis.

Vital Interests

In the event that vital interests of you or another natural person require the processing of personal data, Article 6 I (d) DS-GMO is the legal basis.

Justifiable Interest

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 I f) DS-GMO serves as the legal basis for processing. The legitimate interest of our company lies in the implementation of our business activities.

18. Data Protection Officer

Our data security representative is provided by the SICODA GmbH www.sicoda.de You can contact the data protection officer at any time in questions of data protection:

SICODA GmbH
Impekovener STR. 55
Phone: 0228 286 140 60
53347 Alfter
E-mail: datenschutz@musicstore.de