PRIVACY POLICY

Below we inform you about the type, scope and purpose of processing your personal data when using our shop at https://recordsale.de. Personal data is all information relating to an identified or identifiable natural person.

 

1. PERSON RESPONSIBLE

The person responsible within the meaning of the EU Basic Data Protection Regulation (DSGVO) is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data. For the personal data processed in this shop, the person responsible within the meaning of the DSGVO is: recordsale & musicberlin GmbH, Hertzstraße 63a, Haus 1, 13158 Berlin, telephone 030-549069363, e-mail: [email protected] (hereinafter “we”).

2. When you visit our website

When you visit our website, our server collects the following information from your end device: browser type and version, operating system, the previously visited website ("referrer"), IP address and time of page view.

We collect and process this data to ensure the trouble-free operation of our website and to be able to detect, ward off and pursue any misuse of our services. Furthermore, we use the collected data for statistical purposes, for example to evaluate which end devices and browsers are used to access our shop in order to adapt and improve our offer to the needs of the users on an ongoing basis. This data processing is based on article 6 paragraph 1 letter f DSGVO.

We delete all the above-mentioned personal data no later than twelve months after it has been collected.

3. When you place an order

When you place an order in our shop, we process your name, the delivery address and your e-mail address as you enter them during the ordering process. If you voluntarily provide further data when placing an order (e.g. a different billing address or a telephone number), we will also process this data.

We process this data electronically for the proper fulfilment of the contract, in particular for delivery, invoicing, booking of payments and processing of returns and complaints. This data processing is based on article 6 paragraph 1 letter b DSGVO.

We will keep this data stored until all mutual claims arising from the respective contractual relationship with you have been fully settled and the retention periods under commercial and tax law to which we are subject have expired.

For a conclusion of a contract between you and us, it is necessary that we receive your name, the delivery address and your e-mail address. The necessity of providing this data results from legal regulations (such as § 312i para. 1 number 3 BGB, § 14 para. 4 UStG). Without the provision of this data, you can therefore not conclude a contract with us.

When deciding on the conclusion of a contract, we refrain from automated decision-making and profiling.

4. Customer Account

You can, optionally, create a customer account in our online shop. The data required for this and processed by us result from the input mask for opening the customer account. The customer account is set up exclusively at your request. The legal basis is therefore your consent in accordance with article 6 paragraph 1 letter a DSGVO. We will keep the personal data associated with the customer account until you delete the customer account or you ask us to delete it. For personal data from contracts already concluded, the retention periods as set out in the section "When you order from us" remain the same, regardless of the existence of the customer account.

5. Shipping and Payment

When we send physical goods on the basis of the purchase contract, we will transmit the name and address of the recipient and, if you have consented to this, your e-mail address to Deutsche Post (Deutsche Post AG, 53113 Bonn) or DHL (DHL Paket GmbH, 53113 Bonn) as the shipping service provider, for the purpose of delivering the shipment, including, if applicable, prior e-mail notification of the expected delivery time, and for the purpose of a possible return of your shipment to us on the basis of Article 6 paragraph 1 letter b DSGVO.

In order to pay for your purchase, the payment service provider you have chosen will collect and process your name, e-mail address, card or account number and/or other data, insofar as this is necessary for the payment method you have chosen. In this respect, the contractual and data protection provisions of the payment service provider selected by you shall apply additionally.

We also enable you to pay via the payment service provider Stripe (Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland), to whom we pass on the information you provide during the ordering process together with the information about your order (name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Art. 6 paragraph 1 letter b DSGVO. Stripe also uses cookies on our website to secure payment transactions, among other things, against fraudulent activities. Your data will only be passed on for the purpose of payment processing. You can find more information about Stripe's data protection at: https://stripe.com/en/privacy#translation.

When we receive a payment, we process the data that the payment service provider sends us. Which data this is depends on the payment service provider you have chosen.

The processing is based on article 6 paragraph 1 letter b DSGVO. We keep this data until all mutual claims arising from the respective contractual relationship with you have been settled in full and the retention periods under commercial and tax law to which we are subject have expired.

6. Processors

We use the following services to support our merchandise management (order management, invoicing, accounting, delivery and, if necessary, returns processing):

a) Accounting: nerdgeschoss GmbH, Kottbusser Damm 72, 10967 Berlin,

b) Shipping service provider: Versandservice Wilde Konrad Wilde, Hertzstraße 63a, 13158 Berlin,

to which we transmit the data specified in the section "When you order from us" for order processing in accordance with Article 28 DSGVO.

7. Contacting us

If you send us a message by e-mail, we save your message with the sender data transmitted with it (name, e-mail address and any other information added by your e-mail program and the transmitting servers). For the receipt, storage and transmission of e-mails, we use an e-mail provider who acts on our behalf as a processor in accordance with Article 28 DSGVO. In particular, we use the Mailchimp/Mandrill service of The Rocket Science Group ("Mailchimp"), LLC 675 Ponce de Leon Ave NE Suite 5000. Atlanta, GA 30308, USA. We have concluded a contract with Mailchimp (article 28 DSGVO) including the so-called EU standard contract clauses (article 46 DSGVO).

We will process the sender's data provided by you using the Customer Relationship Management (CRM) service of Zendesk Inc. (hereinafter "Zendesk"), 989 Market Street #300, San Francisco, CA 94102, USA. For more information, please refer to the Zendesk Privacy Policy: https://www.zendesk.de/company/customers-partners/privacy-policy.

We have concluded a contract processing agreement with Zendesk which includes the so-called EU standard contract clauses. In addition, Zendesk Binding Corporate Rules (binding internal data protection regulations; Art. 46 para. 2 letter b, Art. 47 DSGVO) exist for internal data transfers to third countries (e.g. USA).

The legal basis for this data processing is our legitimate interest in answering your message and also in being able to respond to any follow-up questions from you (Article 6 paragraph 1 letter f DSGVO). We will delete the data collected with your message at the latest twelve months after the last communication with you regarding your request, subject to the provisions of the following paragraph.

If you send us a legally relevant declaration on the contractual relationship (e.g. a revocation or a complaint), the legal basis for the processing, regardless of the means of transmission, is also Article 6 paragraph 1 letter b DSGVO. In such a case, we will delete the data associated with your declaration as soon as all mutual claims arising from the contractual relationship have been finally settled and the retention periods under commercial and tax law have expired.

8. NEWSLETTER AND "FOLLOW" FUNCTION

If you have subscribed to our newsletter or have signed up for the "Follow" function, we will inform you by e-mail about new offers and functions of our shop. You will not receive more than one newsletter per week. You can informally object to the use of your e-mail address for advertising purposes at any time without incurring any costs other than the transmission costs according to the basic rates.

This data processing is based on your consent in accordance with Article 6 paragraph 1 letter a DSGVO. If you withdraw your consent to the use of your e-mail address for advertising purposes, we will delete your e-mail address from our newsletter distribution list and/or from our "follow" service.

As a technical service provider for sending our newsletter and for sending information as part of our "follow" function, we use the Mailchimp/Mandrill service of The Rocket Science Group ("Mailchimp"), LLC 675 Ponce de Leon Ave NE Suite 5000. Atlanta, GA 30308, USA. We have concluded an order processing contract with Mailchimp (article 28 DSGVO) including the so-called EU standard contract clauses (article 46 DSGVO)

9. Use of Cookies

If you have agreed to the use of cookies, we will place one or more "cookies" on your terminal device. A cookie is a small text file that enables us to recognise your device when you visit our shop again at a later date. Cookies also enable us to analyse certain user behaviour, e.g. which products you look at, how long you stay on our site and when and how often you return to our shop. Cookies stored by us are deleted at the latest twelve months after your last visit to our shop.

This data processing takes place on the basis of your consent in accordance with Article 6 paragraph 1 letter a DSGVO and Article 6 paragraph 1 letter f DSGVO for the purpose of better tailoring our product range to the wishes of our shop visitors and optimising the functions of our shop and the efficiency of advertising measures.

Independently of whether you have consented to the use of cookies on our website, you can prevent cookies from being stored by going to the cookie settings of your Internet browser and object to the storage of cookies there for our website or for all websites. There you can also delete cookies that have already been stored.

10. Cloudflare

We use on this website services provided by Cloudflare, Inc. (101 Townsend St., San Francisco, CA 94107, USA - hereinafter "Cloudflare") to make our website faster and more secure. In addition to the fast delivery of our web pages, Cloudflare takes over various security services for us, such as DDoS protection.

For security reasons Cloudflare uses user data and cookies (e.g. the cookie "__cfduid") to identify individual website users behind a shared IP address and to apply security settings for each individual user. Cloudflare only stores data logs for as long as necessary and this data is deleted within 24 hours in most cases. You can find out which data is stored for how long at https://www.cloudflare.com/application/privacypolicy

The legal basis for data processing by Cloudflare is article 6 paragraph 1 letter f DSGVO, namely our predominant legitimate interest in the secure and functional operation of our website.

Cloudflare stores your data mainly in the USA and the European Economic Area. We have concluded a contract with Cloudflare (Art. 28 DSGVO) including the so-called EU standard contract clauses (Art. 46 DSGVO).

11. Google Services

We use certain services of Google for our shop. If you are visiting our Shop from a location in the European Union, Norway, Iceland, Liechtenstein or Switzerland, "Google" means Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, otherwise Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

For general information about Google's use of data, please visit https://policies.google.com/technologies/partner-sites ("How we use data from websites or apps on which our services are used").

12. Google Analytics

We use Google Analytics, a web analysis service from Google. Google places cookies on your end device. These cookies enable Google to collect information on how you use our website. This information is transferred to a Google server, evaluated there and made available to us. The legal basis for this is your consent in accordance with Article 6 paragraph 1 letter a DSGVO and Article 6 paragraph 1 letter f DSGVO, namely our legitimate interest in the evaluation and optimisation of our Internet offering.

We use Google Analytics with activated IP anonymisation. This means that your IP address is usually shortened within the scope of the DSGVO in such a way that the IP can no longer be used to identify you. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. The IP address transmitted by your browser is not combined with other data from Google. You can prevent the storage of cookies by adjusting your browser software accordingly.

13. Social Media

Social media buttons may be displayed in our shop; they can be recognised by the logos of the social media platforms (hereinafter "platforms") (e.g. Facebook: "f" logo, Twitter: bird silhouette, Pinterest: "p"). A click on such a button calls up the website of the respective platform, whereby the IP address of the calling terminal and the address of the page from which the link is made ("referrer") are transmitted to the called platform. However, no data is collected or processed by us in connection with the social media buttons.

13. Your Rights

You have the following rights with regard to the personal data we process about you:

You have the right to ask us to confirm whether we are processing personal data concerning you. If this is the case, we will inform you of the personal data stored about you and the further information in accordance with Article 15, paragraphs 1 and 2 of the DSGVO.

You have the right to have incorrect personal data concerning you corrected without delay. Taking into account the purposes of the processing, you also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

You can demand that we delete the personal data relating to you without delay under the conditions of Article 17 paragraph 1 DSGVO, insofar as their processing is not required under Article 17 paragraph 3 DSGVO.

You can request us to restrict the processing of your data if one of the conditions of Article 18 paragraph 1 DSGVO applies. In particular, you can demand the restriction instead of deletion.

We will notify all recipients to whom we have disclosed personal data relating to you of any correction or deletion of your personal data and of any restriction on processing, unless this proves impossible or involves a disproportionate effort. We will also inform you of these recipients if you so request.

You have the right to receive the personal data you have provided us with in a structured, common and machine-readable format and may request that we transfer this data to another person in charge without hindrance as far as this is technically possible.

If data processing is based on your consent, you have the right to revoke your consent at any time. Revocation of your consent does not affect the lawfulness of the data processing that has taken place until your revocation.

RIGHT OF OBJECTION: FOR REASONS ARISING FROM YOUR SPECIFIC SITUATION, YOU MAY OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU; this right of objection applies to data processing carried out on the basis of Article 6 paragraph 1 letter f of the DPA in order to safeguard legitimate interests on our part or on the part of a third party, unless your interests or fundamental rights and freedoms, which require the protection of personal data, outweigh the processing. If you exercise your right of objection, we will no longer process the data concerned unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES (E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULT THAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.

If you believe that the processing of your personal data is in breach of the DPA, you may lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the alleged breach. This does not preclude other administrative or judicial remedies.