data protection
§ 1. General
Your personal data (e.g. title, name, address, email address, telephone number, bank details, credit card number) will only be processed by us in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). In addition to the processing purposes, recipients, legal bases, storage periods, the following regulations also inform you about your rights and who is responsible for your data processing. This data protection declaration only applies to our websites. If you are redirected to other sites via links on our pages, please inform yourself there about how your data is handled.
§ 2 Data processing to fulfill the contract
(1) Purpose of processing
The personal data you provide to us during the ordering process is required to conclude a contract with us. You are not obliged to provide your personal data. However, we cannot send you the goods without providing your address. For some payment methods, we require the necessary payment data in order to pass it on to a payment service provider commissioned by us. The data entered in the ordering process will be processed for the purpose of fulfilling the contract.
If you send us an inquiry by email, via a contact form, etc. before concluding a contract, we will process the data received in this way to carry out pre-contractual measures and, for example, answer your questions about our products.
(2) Legal basis
The legal basis for this processing is Article 6 Paragraph 1 b) GDPR.
(3) Recipient categories
Payment service providers, shipping service providers, hosting providers, if applicable merchandise management system, if necessary suppliers (dropshipping).
(4) Storage period
We store the data required to process the contract until the statutory warranty and, if applicable, contractual guarantee periods expire.
We retain the data required by commercial and tax law for the legally specified periods, usually ten years (see Section 257 HGB, Section 147 AO).
The data processed to carry out pre-contractual measures will be deleted as soon as the measures have been carried out and it is clear that a contract will not be concluded.
§ 3 Comments
(1) Purpose of processing
It is possible to write a comment. Your data (e.g. name/pseudonym, email address, website) will then only be processed for the purpose of publishing your comment.
(2) Legal basis
The legal basis for this processing is Article 6 Paragraph 1 f) GDPR.
(3) Legitimate interest
Our legitimate interest is the public exchange of user opinions on certain topics and products. The publication serves, among other things, transparency and opinion formation. Your interest in data protection is protected because you can publish your comment under a pseudonym.
(4) Storage period
A specific storage period is not provided. You can request that your comment be deleted at any time.
(5) RIGHT TO OBJECT
You have the right to object at any time to data processing that is carried out on the basis of Article 6 Paragraph 1 f) GDPR and is not used for direct advertising for reasons arising from your particular situation.
In the case of direct advertising, however, you can object to the processing at any time without giving reasons.
§ 4 Information about cookies
(1) Purpose of processing
Technically necessary cookies are used on this website. These are small text files that are stored in or by your Internet browser on your computer system. These cookies enable, for example, the insertion of several products into a shopping cart.
(2) Legal basis
The legal basis for this processing is Article 6 Paragraph 1 f) GDPR.
(3) Legitimate interest
Our legitimate interest is the functionality of our website. The user data collected through technically necessary cookies is not used to create user profiles. This protects your interest in data protection.
(4) Storage period
The technically necessary cookies are usually deleted when you close the browser. Permanently stored cookies have a varying lifespan, from a few minutes to several years.
(5) RIGHT TO OBJECT
If you do not want these cookies to be stored, please deactivate the acceptance of these cookies in your internet browser. However, this may result in a functional restriction on our website. You can also delete permanently stored cookies at any time via your browser.
§ 5 Newsletter
(1) Purpose of processing
When you register for the newsletter, your email address will be used for advertising purposes, meaning that as part of the newsletter we will inform you in particular about products from our range. For statistical purposes, we can evaluate which links in the newsletter are clicked. We cannot see which specific person clicked. You have given the following consent separately or, if necessary, expressly during the ordering process: Subscribe to the free ACTION MUSIC newsletter and never miss any more news or promotions.
(2) Legal basis
The legal basis for this processing is Article 6 Paragraph 1 a) GDPR.
(3) Recipient categories
If necessary, newsletter delivery provider
(4) Storage period
Your email address will only be saved for the newsletter dispatch for the duration of the desired registration.
(5) Right of withdrawal
You can revoke your consent at any time with future effect. If you no longer wish to receive the newsletter, you can unsubscribe as follows: By email
§ 6 Rights of the data subject
If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards us:
1. Right to information
You can request confirmation from us as to whether personal data concerning you is being processed by us.
If such processing occurs, you can request information from us about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right to restrict processing by us or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to rectification and/or completion if the personal data processed concerning you is incorrect or incomplete. We must make the correction immediately.
3. Right to restriction of processing
You can request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) if we no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or
(4) if you have objected to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons to which we are entitled outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above-mentioned conditions, we will inform you before the restriction is lifted.
4. Right to deletion
a) Obligation to delete
You may request that we delete the personal data relating to you immediately, and we are obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Article 21 Paragraph 1 of the GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 Paragraph 2 of the GDPR.
(4) The personal data concerning you were processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.
(6) The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
b) Information to third parties
If we have made the personal data concerning you public and we are obliged to delete it in accordance with Article 17 Para. 1 GDPR, we will take appropriate measures, including technical measures, to those responsible for data processing, taking into account the available technology and the implementation costs to inform those processing the personal data that you, as the data subject, have requested them to delete all links to that personal data or copies or replications of that personal data.
c) Exceptions
There is no right to deletion if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) in order to comply with a legal obligation requiring processing under Union or Member State law to which we are subject, or in order to carry out a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR, insofar as the law referred to in section a) is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have asserted the right to correction, deletion or restriction of processing against us, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves disproportionate effort.
You have the right to be informed about these recipients.
6. Right to data portability
You have the right to receive the personal data relating to you that you have provided to us in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance, provided that
(1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR and
(2) the processing takes place using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another person responsible, to the extent that this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Article 6 (1) (e) or (f) of the GDPR; This also applies to profiling based on these provisions.
We will then no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.
In connection with the use of information society services - regardless of Directive 2002/58/EC - you have the opportunity to exercise your right to object using automated procedures that use technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
9. Automated decision-making in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is permitted by Union or Member State law to which we are subject and such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests or
(3) takes place with your express consent.
However, these decisions may not be based on special categories of personal data according to Article 9 Paragraph 1 GDPR, unless Article 9 Paragraph 2 Letters a or g applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), we take appropriate measures to protect your rights and freedoms as well as your legitimate interests.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your personal data is contrary to violates the GDPR.
The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.
Person responsible for data processing:
ACTION MUSIC Thomas Mayer
Lower Stegwiesen 14
88447 Warthausen
Telephone: 07351 - 5 38 18 82
post@action-music.eu