Responsible:
Bmusik Veranstaltungstechnik GmbH & Co. KG
Sportfliegerstraße 6
12487 Berlin, Deutschland
Commercial Register/Nr.: HRA 47802 B
Managing Directors: Robert Schlegel, Jean Wuthe
Phone number: +49 30 – 536 0722-0
Email-address: info@b-musik.de
Data Protection Officer:
E-Mail: datenschutz@b-musik.de
Dated: 24.05.2018
1. basic information on data processing and legal bases
1.1. This data protection declaration clarifies the type, scope and purpose of the processing of personal data within our online offer and the websites, functions and contents connected with it (hereinafter jointly referred to as „online offer“ or „website“). The data protection declaration applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which the online offer is executed.
1.2 The terms used, such as „personal data“ or their „processing“, we refer to the definitions in Article 4 of the Basic Data Protection Regulation „Datenschutzgrundverordnung“ (DSGVO).
1.3 The personal data of users processed within the scope of this online offer includes inventory data (e.g., names and addresses of customers), usage data (e.g., the web pages of our online offer visited, interest in our products) and content data (e.g., entries in the contact form).
1.4 The term ‚users‘ covers all categories of persons affected by the processing of data. They include our business partners, customers, interested parties and other visitors to our online offer. The terms used, e.g. „user“, are to be understood in a gender-neutral way.
1.5 We process personal data of users only in compliance with the relevant data protection regulations. This means that user data will only be processed if legal permission has been granted. This means, in particular, if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, the consent of the users is present, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO, in particular in the measurement of reach, the creation of profiles for advertising and marketing purposes as well as the collection of access data and the use of third-party services.
1.6 We would like to point out that the legal basis of the consent is Art. 6 para. 1 lit. a. and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures is Art. 6 para. 1 lit. b. DSGVO, the legal basis for processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c. DSGVO, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f. DSGVO.
2. security measures
2.1 We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
2.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
3. transfer of data to third parties and third party providers
3.1 Data will only be passed on to third parties within the framework of the legal requirements. We will only pass on user data to third parties if this is necessary for contractual purposes, e.g. on the basis of Art. 6 Para. 1 lit. b) DSGVO or on the basis of justified interests in accordance with Art. 6 Para. 1 lit. f. DSGVO in the economic and effective operation of our business.
3.2 If we use subcontractors to provide our services, we will take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
3.3 If, in the context of this privacy policy, content, tools or other means of other providers (hereinafter jointly referred to as „Third Party Providers“) are used and their registered office is located in a third country, it is to be assumed that a data transfer to the countries where the Third Party Providers are located will take place. Third countries are countries in which the DSGVO is not a directly applicable law, i.e. generally countries outside the EU or the European Economic Area. Data is transferred to third countries either if there is an appropriate level of data protection, user consent or other legal permission.
4. provision of contractual services
4.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 paragraph 1 lit b. DSGVO.
4.2 In the context of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
4.3 We process usage data (e.g., the visited websites of our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, e.g. in order to show the user product information based on their previously used services.
5. contacting
5.1 When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
5.2 The user’s details may be stored in our customer relationship management system („CRM system“) or a comparable enquiry organisation.
5.3 We use the CRM system „Epirent“ of the provider EPI Development Frank Juling, Langhansstr 63, 13086 Berlin on the basis of our legitimate interests (efficient and fast processing of user inquiries). For this purpose, we have concluded a contract with Epirent with so-called standard contract clauses in which Epirent undertakes to process user data only in accordance with our instructions and to comply with the EU data protection level.
6. comments and contributions
6.1 If users leave comments or other contributions, their IP addresses will be stored on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO for 7 days.
6.2 This is done for our security, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.) In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
7. collection of access data and log files
7.1 On the basis of our legitimate interests within the meaning of Article 6 para. 1 lit. f. DSGVO, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.
7.2 For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until the respective incident has been finally clarified.
8. cookies & range measurement
8.1 Cookies are information that is transferred from our web server or web servers of third parties to the web browsers of the users and stored there for later retrieval. Cookies can be small files or other types of information storage.
8.2 Users will be informed about the use of cookies in the context of pseudonymous range measurement within the scope of this data protection declaration.
8.3 If the users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
8.4 You can object to the use of cookies, which serve to measure reach and advertising purposes, via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and additionally the US-American website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
9. Google Analytics
9.1 If you have given your consent, this website uses Google Analytics, a web analytics service provided by Google Ireland Limited („Google“). The use includes the operating mode „Universal Analytics“. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus to analyse the activities of a user across multiple devices.
9.2 Google Analytics uses „cookies“, which are text files placed on your 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, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. We would like to point out that on this website Google Analytics has been extended by IP anonymisation in order to ensure anonymous recording of IP addresses (so-called IP masking). The IP address transmitted by your browser within the scope of Google Analytics is not merged with other data from Google. Further information on terms of use and data protection can be found at https://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=de.
9.3 Purposes of processing: 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 activities and to provide further services to the website operator in connection with website and internet use.
9.4 Legal basis: The legal basis for the use of Google Analytics is your consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO.
9.5 Recipients / categories of recipients: The recipient of the collected data is Google.
9.6 Transfer to third countries: Personal data is transferred to the USA under the EU-US Privacy Shield on the basis of the European Commission’s adequacy decision. You can download the certificate here.
9.7 Duration of data storage: The data sent by us and linked to cookies, user IDs (e.g. User ID) or advertising IDs are automatically deleted after 14 months. Data whose retention period has been reached will be automatically deleted once a month.
9.8 Affected parties‘ rights: You can revoke your consent at any time with effect for the future by preventing the storage of cookies by means of a corresponding setting in your browser software; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.
9.9 You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser add-on. Opt-out cookies prevent the future collection of your data when visiting this website. To prevent Universal Analytics from collecting data across multiple devices, you must opt-out on all systems in use. Click here to set the opt-out cookie: Disable Google Analytics
10. Google-Re/Marketing-Services
10.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the marketing and remarketing services (in short „Google Marketing Services“) of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, („Google“).
10.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active ).
10.3 Google’s marketing services allow us to display ads for and on our website in a more targeted manner so that we only show users ads that potentially match their interests. For example, if a user is shown ads for products that he or she has been interested in on other websites, this is called „remarketing“. For these purposes, when you access our and other websites on which Google marketing services are active, Google will execute code directly by Google and (re)marketing tags (invisible graphics or code, also known as „web beacons“) will be embedded in the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (instead of cookies, comparable technologies can also be used). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content he is interested in and which offers he has clicked on, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other states that are party to the Agreement on the European Economic Area and only in exceptional cases is it transferred in full to a Google server in the USA and shortened there. The IP address is not merged with user data within other Google offers. Google may also combine the above-mentioned information with information from other sources. If the user subsequently visits other websites, the ads tailored to his interests can be displayed.
10.4 The data of the users are processed pseudonymously within the framework of the Google marketing services. This means that Google does not store and process e.g. the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. I.e. from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google’s servers in the USA.
10.5 The Google marketing services used by us include the online advertising program „Google AdWords“. In the case of Google AdWords, each AdWords customer receives a different „conversion cookie“. Cookies can therefore not be tracked through the websites of AdWords customers. The information collected through the cookie is used to compile conversion statistics for AdWords customers who have opted in to conversion tracking. AdWords advertisers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
10.6 We may include third-party ads based on Google’s „DoubleClick“ marketing service. DoubleClick uses cookies to enable Google and its partner sites to serve ads based on users‘ visits to that site or other sites on the Internet.
10.7 We may include third party advertisements based on the Google marketing service „AdSense“. AdSense uses cookies to enable Google and its partner websites to serve ads based on users‘ visits to this website or other websites on the Internet.
10.8 We may also use the „Google Optimizer“ service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to input fields, design, etc.) within the framework of so-called „A/B testing“. For these test purposes, cookies are stored on the users‘ devices. Only pseudonymous user data is processed.
10.9 Furthermore, we can use the „Google Tag Manager“ to integrate and manage the Google analysis and marketing services in our website.
10.10. Further information on the use of data for marketing purposes by Google can be found on the overview page: https://www.google.com/policies/technologies/ads, Google’s privacy policy is available at https://www.google.com/policies/privacy.
10.11. If you wish to opt-out of interest-based advertising through Google marketing services, you can use the setting and opt-out options provided by Google: http://www.google.com/ads/preferences .
11. newsletter
11.1 With the following information, we will inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
11.2 Contents of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter „newsletter“) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our products, offers, promotions and our company.
11.3 Double-Opt-In and logging: The registration to our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the dispatch service provider are also logged.
11.4. dispatch service provider: With newsletter software Newsletter2Go your data will be transmitted to Newsletter2Go GmbH. Newsletter2Go is not allowed to sell your data or use it for any other purpose than for sending newsletters. Newsletter2Go is a German, certified provider, selected according to the requirements of the Data Protection Basic Regulation and the Federal Data Protection Act.
You can find further information here: https://www.newsletter2go.de/informationen-newsletter-empfaenger/
11.5 Furthermore, the dispatch service provider may, according to its own information, use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for technical optimisation of the dispatch and the presentation of the newsletter or for statistical purposes to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
11.6 Registration data: In order to subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name for personal contact in the newsletter.
11.7 Statistical survey and analyses – The newsletters contain a so-called „web beacon“, i.e. a pixel-sized file which is retrieved from the server of the dispatch service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our nor the dispatch service provider’s intention to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
11.8 The use of the shipping service provider, the performance of statistical surveys and analyses and the logging of the registration procedure shall be based on our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests and meets the expectations of the users.
11.9 Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. Your consent to the dispatch of the newsletter by the dispatch service provider and the statistical analyses will expire at the same time. A separate cancellation of the dispatch by the dispatch service provider or the statistical analysis is unfortunately not possible. You will find a link to cancel the newsletter at the end of each newsletter. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
12. integration of third party services and content
12.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 paragraph 1 lit. f. DSGVO), in our online offer we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as „content“). This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as „web beacons“) for statistical or marketing purposes. The „pixel tags“ can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.
12.2 The following presentation offers an overview of third party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, the possibility to object (so-called opt-out):
– External fonts from Google, Inc. https://www.google.com/fonts („Google Fonts“). The integration of the Google Fonts is done by a server call at Google (usually in the USA). Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/ .
– Maps of the „Google Maps“ service provided by the third party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/ .
– Videos from the „YouTube“ platform of the third-party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/ .
– External code of the JavaScript framework „jQuery“, provided by the third-party provider jQuery Foundation, https://jquery.org.
13. users‘ rights
13.1 Users have the right to request information free of charge about the personal data we have stored about them.
13.2 In addition, users have the right to correct incorrect data, restrict the processing and delete their personal data, if applicable, to exercise their rights to data portability and, in case of suspected unlawful data processing, to lodge a complaint with the competent supervisory authority.
13.3 Users may also withdraw their consent, in principle with consequences for the future.
14. deletion of data
14.1 The data stored with us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the users‘ data are not deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax law reasons.
14.2 In accordance with legal requirements, data is stored for 6 years in accordance with § 257 Para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 Para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
15. right of objection
Users can object to the future processing of their personal data in accordance with the legal requirements at any time. The objection may in particular be made against processing for the purposes of direct advertising.
16. amendments to the data protection declaration
16.1 We reserve the right to amend the Privacy Policy in order to adapt it to changes in the law, or in the event of changes to the Service and data processing. However, this only applies with regard to declarations on data processing. Insofar as the consent of the users is required or components of the data protection declaration contain regulations of the contractual relationship with the users, the changes will only be made with the consent of the users.
16.2 Users are asked to inform themselves regularly about the content of the data protection declaration.