Data protection declaration

Data protection declaration

Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.


Server log files
You can use our websites without submitting personal data. 
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
 
Your data will be transferred to Canada, among other countries. Data transfers to Canada are subject to an adequacy decision by the EU Commission.

Contact

Responsible person
Contact us at any time. The person responsible for data processing is: MusicMerch GmbH, Alfred-Kästner-Str. 44, 04275 Leipzig DE, +44 20 45251605, shop@musicmerch.info


Proactive contact of the customer by e-mail
If you make contact with us proactively via email, we shall collect your personal data (name, email address, message text) only to the extent provided by you. The purpose of the data processing is to handle and respond to your contact request.
If the initial contact serves to implement pre-contractual measures (e.g. consultation in the case of purchase interest, order creation) or concerns an agreement already concluded between you and us, this data processing takes place on the basis of Article 6(1)(b) GDPR.
If the initial contact occurs for other reasons, this data processing takes place on the basis of Article 6(1)(f) GDPR for the purposes of our overriding, legitimate interest in handling and responding to your request. In this case, on grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out on the basis of Article 6(1)(f) GDPR.
We will only use your email address to process your request. Your data will subsequently be deleted in compliance with statutory retention periods, unless you have agreed to further processing and use.
 

Customer account      Orders      

Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
 
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you. 
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
 
Your data will be transferred to Canada, among other countries. Data transfers to Canada are subject to an adequacy decision by the EU Commission.


Shipping companies       Merchandise management      

Forwarding of your email address to shipping companies for information on shipping status
We forward your email address to the shipping company in the course of contractual processing, if you have explicitly agreed to this in the order process. The forwarding is for the purpose of informing you by email on the shipping status of your order. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us or the transport company without affecting the legality of the processing carried out with your consent up to the withdrawal.
 
Use of an external merchandise management system
We use a merchandise management system in the course of order processing for the purposes of contractual processing. For this purpose your personal data as collected in the course of the order will be sent to
JTL-Software-GmbH, Rheinstr. 7, 41836 Hückelhoven, Germany 


Payment service providers      

The use of PayPal Check-Out
We use the PayPal Check-Out payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The data processing serves the purpose of being able to offer you payment via the payment service. With the selection and use of payment via PayPal, credit card via PayPal, direct debit via PayPal or "Pay Later" via PayPal, the data required for payment processing is transmitted to PayPal in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO.

Credit card via PayPal, direct debit via PayPal & "Pay later" via PayPal.
For individual payment methods such as credit card via PayPal, direct debit via PayPal or "Pay later" via PayPal, PayPal reserves the right, if necessary, to obtain credit information on the basis of mathematical-statistical methods using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received about the statistical probability of a payment default for a weighed decision on the establishment, implementation or termination of the contractual relationship. The credit information may include probability values (score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and in the calculation of which, among other things, address data are included. Your interests worthy of protection are taken into account in accordance with the statutory provisions. The data processing serves the purpose of credit assessment for a contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO for our overriding legitimate interest in protecting against payment default when PayPal makes advance payments.
You have the right to object at any time to this processing of personal data relating to you based on Art. 6 (1) (f) DSGVO for reasons arising from your particular situation by notifying PayPal. The provision of the data is necessary for the conclusion of the contract with the payment method requested by you. Failure to provide it will result in the contract not being concluded with the payment method you have chosen.

Local third-party providers
When paying via the payment method of a local third-party provider, the data required for payment processing is transmitted to PayPal. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO.  For the execution of this payment method, the data may then be forwarded by PayPal to the respective provider. This processing takes place on the basis of Art. 6 para. 1 lit. b DSGVO. Local third-party providers may be, for example:

- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany).
- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, Germany)

Purchase on account via PayPal
When paying via the payment method purchase on account, the data required to process the payment is first transmitted to PayPal. For the execution of this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to be able to fulfill the contract with you with the selected payment method. This processing is based on Art. 6 para. 1 lit. b DSGVO. Ratepay may conduct a credit check on the basis of mathematical-statistical methods using credit agencies according to the procedure already described above. The data processing serves the purpose of credit assessment for contract initiation. The processing is carried out on the basis of Art. 6 (1) lit. f DSGVO from our overriding legitimate interest in protecting against payment default when Ratepay makes advance payments. For more information on data protection and which credit agencies Ratpay uses, please visit https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.

For more information on data processing when using PayPal, please see the associated privacy policy at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.


Use of SOFORT
On our website we use the payment service provider SOFORT GmbH, (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT") for payment processing. Sofort GmbH is part of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden). The data processing serves the purpose of allowing us to offer you various payment methods by processing payments via the payment service provider SOFORT. Once you have chosen the payment option, the data required to process the payment will be transmitted to SOFORT. This data processing is carried out on the basis of Article 6 para. 1 lit. b GDPR. For more information on data processing in connection with the use of the payment service provider SOFORT, please visit https://www.sofort.com/1.0/shared/content/legal/terms/de-DE/SOFORT/ and https://www.klarna.com/sofort/.


Use of the payment service provider Stripe
On our website we use the Stripe payment service of Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). The data processing serves the purpose of offering you payment via the payment service. By selecting and using Stripe, the data required for payment processing is transmitted to Stripe in order to be able to fulfil the contract with you with of the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
If required, Stripe reserves the right to obtain a credit report on the basis of mathematical-statistical procedures using credit rating agencies. For this purpose, Stripe transmits the personal data required for credit assessment to a credit rating agency and uses the obtained information on the statistical probability of payment default in order to reach a reasonable decision on the establishment, implementation or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit check for  contract initiation. The processing is carried out on the basis of Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Stripe pays in advance.
For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR at any time by notifying Stripe. The provision of the data is necessary for the conclusion of the contract with the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method you have selected.
All Stripe transactions are subject to Stripe Privacy Policy. You can find these at https://stripe.com/de/privacy



Cookies 

Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.


Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac


technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.

The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.

You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.

Use of Consentmanager
Our website uses the consent management tool Consentmanager from 
Consentmanager AB (Håltegelvägen 1b, 72348 Västerås, Sweden; "Consentmanager").
The tool enables you to grant consents to data processing via the website, in particular the placing of cookies, and to make use of your right of revocation for consents already granted.
The processing of data serves the purpose of obtaining necessary consents for data processing and to document these, thereby complying with statutory obligations.
Cookies may be deployed for this purpose. In this process the following information, inter alia, can be collected and transmitted to Consentmanager: Date and time of the page retrieval, information on the browser and device you are using, anonymised IP address, opt-in and opt-out data. This data will not be forwarded to other third parties.
The data processing is carried out on the basis of Article 6(1)(c) GDPR to comply with a legal obligation.
More information on data protection at Consentmanager can be found at: https://www.consentmanager.net/privacy.php



Advertising tracking      

Use of Google Analytics 4
We use the Google Analytics web analytics service provided by Google Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website.
The data processing serves the purpose of analyzing this website and its visitors as well as for marketing and advertising purposes. To this end, Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. 
In this context, the following information may be collected, among others: IP address, date and time of page view, click path, information about the browser you are using and the device you are using (device), pages visited, referrer URL (website from which you accessed our website), location data, purchase activity. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google.
Google uses technologies such as cookies, web storage in the browser and tracking pixels that enable an analysis of your use of the website. 
The information generated by this about your use of this website is usually transferred to a Google server in the USA and stored there. There is no adequacy decision of the EU Commission for the USA. The data transfer takes place, among other things, on the basis of standard contractual clauses as appropriate guarantees for the protection of personal data, viewable at: https://policies.google.com/privacy/frameworks. Both Google and US government agencies have access to your data. Your data may be linked by Google to other data, such as your search history, your personal accounts, your usage data from other devices, and any other data Google may have about you.
When using Google Analytics 4, the IP address transmitted by your website is automatically collected and processed in anonymized form. The IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. 
The processing of your personal data is based on Art. 6 para. 1 lit. f GDPR due to our overriding legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you.
You can also prevent the collection of the data (including your IP address) generated by Google Analytics and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent the data collection and storage by Google Analytics across multiple devices you can place an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit this website. You need to implement the opt-out on all systems and devices that you are using, so that this works comprehensively. If you delete the opt-out cookie, requests will be transmitted to Google again. When you click here the opt-out cookie will be placed: Deactivate Google Analytics
For more information on terms of use and data protection, please visit https://policies.google.com/technologies/partner-sites and https://policies.google.com/privacy?hl=de&gl=de.
 
Use of Facebook Pixel
Our website uses the remarketing function "Custom Audiences" by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland "Facebook").

Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
This application serves to address the visitor to the website with interest-related advertising on the social network Facebook.
We have implemented Facebook’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook’s servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://www.facebook.com/legal/EU_data_transfer_addendum
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the remarketing function "Custom Audiences" 
here.
You can find more detailed information on Facebook’s collection and use of data and your associated rights and options for protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.


Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads customers.
The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users.
Your data may be transmitted to Google LLC servers in the USA. No adequacy decision of the EU Commission is available for the USA. The data transfer takes place, among other things, on the basis of standard contractual clauses as appropriate guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adscontrollerterms/.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate personalised advertising in Google’s advertising settings. Instructions for this can be found at https://support.google.com/ads/answer/2662922?hl=de.
Alternatively, you can prevent the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You then won’t be included in the conversion tracking statistics.
You can find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/


Use of Google AdSense
Our website uses the AdSense function by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
The data processing serves the purpose of renting out advertising space on the website and using these to address visitors to the website with targeted, interest-related advertising.
This function displays personalised, interest-related adverts from the Google display network to visitors to the website. Google Analytics uses cookies, which make it possible to analyse your use of the website.
The information generated by the cookie regarding your use of this website is usually transferred to a Google server in the USA and stored there. Your data may also be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adscontrollerterms/.
 Google may also transmit this data to third parties if this is required by law or the third party is processing the data on behalf of Google. On no account will Google associate your IP address with other Google data. 
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can permanently deactivate the use of cookies by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de.
Alternatively, you can prevent the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You will find more information as well as Google’s data privacy policy at: https://www.google.com/policies/technologies/ads/ and https://www.google.de/policies/privacy/


Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
This application serves to analyse visitor behaviour and visitor interests.
Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the use of cookies with permanent effect by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de
Alternatively, you can deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You can find more detailed information on Google remarketing as well as the associated data privacy policy at: https://www.google.com/privacy/ads/



Rights of persons affected and storage duration

Duration of storage 
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
 
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
 
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
 
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Sächsischer Datenschutzbeauftragter
Devrientstraße 5
01067 Dresden
Tel.: +49 351 85471101
Fax: +49 351 85471109
E-Mail: saechsdsb@slt.sachsen.de

Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
 
last update: 29.11.2022