Privacy policy



The controller within the meaning of the European General Data Protection Regulation (GDPR) and other national data protection laws as well as other data protection provisions is:

Embassy of Music Shop

Tonpool Medien GmbH

Managing Directors: Kurt Erping, Matthias Martinsohn

Im Klint 12

30938 Burgwedel

Tel: +49 (0)5139-98249-0

Email: info@embassyofmusic.shop

 

 The controller's data protection officer is:

JMK Media & Consulting GmbH

Managing Director: Sven Kaiser

Jakobikirchhof 9

20095 Hamburg

Tel: +49 (0)40-32527766

Email: sven.kaiser@jmk.de

 

 

I. Provision of our website and log files


     

    1. Scope of the processing of personal data


    When you access our website, your browser establishes a connection to our web server. This generates connection data, which are stored in so-called log files by us or on our behalf by our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.

     

    Log files contain the

     

    • IP address of the device with which you access our website,
    • the type of browser with which you access it,
    • your system configuration
    • the website you visited previously, and
    • the date and time of your access.

     

    1. Purpose of the data processing

    We use the data to display and deliver our content and for statistical purposes.

     

    1. Legal basis for the processing


    The legal basis for the temporary storage of the data and the log files is Art. 6(1)(f) GDPR.

     

    1. Storage period


    Your IP address is stored for a maximum of 7 days for the purpose of detecting and defending against attacks and is anonymised thereafter for statistical purposes.

     

    1. Possibility of objection and removal


    The collection of data for the provision of the website and the storage of data in log files is strictly necessary for the operation of the website. Consequently, the user has no possibility of objection.

     

    II. Registration



      1. Scope of the processing of personal data

      On our website we offer users the possibility of registering by providing personal data and thereby setting up an account. The data are entered into an input form, transmitted to us and stored by us or on our behalf by our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland. No further disclosure of the data to third parties takes place in the context of registration. The following data are collected and stored in this process:

       

      • First name, surname
      • Email address
      • Password (encrypted)

       

      If your email address contains personal data other than those listed above, these data will also be collected by us.

       

      After registration, you can supplement your registration data with further personal data under the menu item “My user account”, make purchases via your account and/or subscribe to our newsletter. In your account you can – irrespective of any actual purchase from us – transmit the following additional personal data to us, so that we collect and store them:

       

      • Your name
      • Your telephone number
      • Your own address including street, postcode, city and country.
      • Addresses to which you wish orders to be sent

       

      Placing an order with us means that the data of that order (order number, order date, product, price, payment status) are also stored in your account. We only disclose the data you have provided in your account insofar as this is necessary for the processing of your order.

       

      You may of course also purchase goods from us without first registering with us and creating a user account. The purchase is then made via a so-called guest checkout.

       

      1. Purpose of the data processing


      The collection and storage of data in the context of mere registration takes place for the purpose of pre-contractual measures.

       

      1. Legal basis for the processing

       

      The legal basis for the processing of data in the case of mere registration – without an order -  is, given your consent, Art. 6(1)(a) GDPR.

       

      1. Storage period

      We store the data for as long as you maintain your registration.

       

      1. Possibility of objection and removal


      You can send us an email at any time at info@embassyofmusic.shop in order to have the data stored in your account deleted in full and/or in part and thereby withdraw your consent; you can also make changes and partial deletions yourself via your user account. If the data have become necessary for the performance of a contract or for the implementation of pre-contractual measures, early complete deletion of the data is only possible insofar as contractual and statutory obligations do not preclude deletion. This may be the case, for example, if you have placed an order.

       

      III. Newsletter subscription

      1. Scope of the processing of personal data

      On our website you can subscribe to a free newsletter in your account. When you subscribe to the newsletter, your email address from the input form is transmitted to Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland, hilfe@shopify.de with which we have concluded a data processing agreement and which sends the newsletter on our behalf.

       

      Your consent to the processing of the data is obtained during the subscription process and reference is made to this privacy policy.

       

      If you purchase goods and/or services on our website and provide your email address in doing so, this may subsequently also be used by us to send you a newsletter. In this case, the newsletter will be used exclusively to send direct advertising for our own products.

       

      1. Purpose of the data processing


      The processed data are used exclusively for sending our newsletter.

       

      1. Legal basis for the processing


      The legal basis for the processing of the data after you have subscribed to the newsletter is Art. 6(1)(a) GDPR. The legal basis for sending the newsletter as a result of the purchase of goods and/or services is Section 7(3) of the German Act against Unfair Competition (UWG).

       

      1. Storage period


      The data are deleted as soon as they are no longer required to achieve the purpose for which they were collected. Accordingly, the email address is stored for as long as the newsletter subscription is active.

       

      1. Possibility of objection and removal


      You may cancel your newsletter subscription at any time. For this purpose, every newsletter contains a corresponding link. This also stops the sending of newsletters if you receive them as a result of purchasing goods and/or services from us.

       

      1. Use of cookies
      2. General description


      Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is accessed again. 

      We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a change of page. The following data are stored and transmitted in the cookies:

       

      - Items in a shopping basket

      - Items viewed

      - Log-in information relating to your user account

       

      1. Purpose of the data processing

       

      The purpose of using these technically necessary cookies is to make it easier for users to use websites. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a change of page.

       

      1. Legal basis for the processing


      The legal basis for the processing of personal data using cookies is Art. 6(1)(f) GDPR.

       

      1. Storage period, possibility of objection and removal

       

      Cookies are stored on the user's computer and transmitted by it to our site. As a user, you therefore also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

       

      1. Orders
      2. Scope of the processing of personal data

      When you place an order with us, we collect the following data – insofar as we do not already have them as a result of your own registration via a user account –

       

      • Your name and, where applicable, the name of the company on whose behalf you are placing an order
      • Your email address
      • Your address including street, postcode, city and country.
      • Addresses to which you wish orders to be sent
      • Your telephone number

       

      The data are stored by us or by our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland.

       

      a.) Shipping


      The personal data you provide when ordering goods are disclosed by us to third parties exclusively to the service partners we involve in the performance of the contract, namely our logistics partner OK Logistics GmbH & Co. KG, Itzehoer Str. 31-33, D-24594 Hohenwestedt, which is involved both in the shipping process and in the accounting-related invoicing process and which in turn engages DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn for national shipping purposes and UPS Europa, Avenue Ariane 5, 1200 Brussels, Belgium for international shipping purposes.

       

      b.) Payment processing

      In the context of payment processing, personal data are processed by us or our processor Shopify International Ltd., 2nd Floor 1-2 Victoria Buildings, Haddington Road, Dublin 4, D04 XN32, Ireland, or by a payment service provider engaged by us. The exact personal data processed vary depending on the payment method.

      1. We offer PayPal as a payment method. PayPal is an online payment service provider independent of us. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also performs escrow functions and offers buyer protection services. PayPal's European operating company is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

      If you select PayPal as your payment option, your data will be transmitted to PayPal automatically. The personal data transmitted to PayPal are usually first name, surname, address, email address, IP address, telephone number, mobile telephone number or other data necessary for payment processing. Personal data relating to the respective order are also necessary for the processing of the purchase contract. In return, as part of the payment processing, PayPal for its part communicates to us any data you may have stored there, such as first name, surname, address, email address and telephone number.

      PayPal may pass on the personal data to affiliated companies and service providers or subcontractors insofar as this is necessary to fulfil contractual obligations or the data are to be processed on its behalf.

      bb.Furthermore, we offer payment methods via the payment service provider Klarna. Klarna is operated by Klarna Bank AB (publ.) Sveavägen 46, 111 34 Stockholm. Sweden. You can find information about Klarna here: www.klarna.com

      If you choose Klarna SOFORT bank transfer when making payment, your contact data will be transmitted to Klarna GmbH, Theresienhöhe 12, 80339 Munich, https:/www.sofort.de . 

      The personal data transmitted to Klarna GmbH are mostly first name, surname, address, telephone number, IP address, email address, or other data required for order processing, as well as data relating to the order, such as number of items, item number, invoice amount and taxes as a percentage, invoice information, etc.

      Online banking access data such as your PIN and transaction-related authorisation data are entered exclusively in the secure payment form of Klarna GmbH and not on our site. This ensures, with this payment method, that we do not come into contact with your sensitive data (such as PIN and other transaction-related authorisation data/TAN). Data transfers to Klarna GmbH take place via connections secured with up to AES 256-bit encryption. Klarna GmbH itself does not store sensitive data such as PIN and transaction-related authorisation data/TAN and executes the transaction solely as a technical payment service provider. Online banking access data such as PIN and transaction-related authorisation data/TAN cannot at any time be viewed by employees of Klarna GmbH or from outside.

      Via Klarna we also offer purchase on account. The personal data transmitted to Klarna are mostly first name, surname, address, telephone number, IP address, email address, or other data required for order processing, as well as data relating to the order, such as number of items, item number, invoice amount and taxes as a percentage, invoice information, etc.

      When purchasing on account, you will be redirected to Klarna's pages during checkout. There, Klarna will explain to you accordingly which personal data Klarna collects, stores and processes.

      In certain circumstances, the personal data transmitted by us to Klarna may be transmitted by Klarna to credit reference agencies. This transmission serves the purpose of verifying identity and creditworthiness in relation to the order you have placed.

       

      1. In our shop we also use the payment service Amazon Payments of Amazon Payments Europe s.c.a. (38 avenue John F. Kennedy, L-1855 Luxembourg. In order to integrate this payment service, it is necessary for Amazon Payments to collect, store and analyse data (e.g. IP address, device type, operating system, browser type, location of your device) when the website is accessed. Cookies may also be used for this purpose. The cookies enable your browser to be recognised.  

      When you select and use “Amazon Payments”, the data required for payment processing are transmitted to Amazon Payments so that the contract with you can be performed using the selected payment method. Amazon Payments does not share any credit card, debit card or bank account numbers with us, but only the information necessary to complete and carry out the transaction, such as your name, your email address or your delivery address.

      During the payment process via Amazon Payments, you may be redirected to the website of your bank or card issuer in order to verify your credit or debit card payment. 

       

      Further information on data processing when using the Amazon Payments payment service can be found in the associated privacy policy at: https://pay.amazon.com/de/help/201212490

       

      1. Purpose of the data processing

       

      The data are collected and stored in order to be able to identify you as a customer, to process, fulfil and handle your order including payment, to conduct any correspondence or telephone calls with you, to issue invoices and to handle claims against you.

       

      1. Legal basis for the processing

       

      The data processing takes place in response to your order pursuant to Art. 6(1)(b) GDPR.

       

      1. Storage period

       

      We store the data for you for as long as your account with us exists to this extent and/or until the expiry of the statutory retention obligation.

       

      1. Possibility of objection and removal

       

      Even if you delete your account, deletion of the order data is only possible insofar as contractual and statutory obligations do not preclude deletion.

        

      1. Email contact

       

      1. Description and scope of the data processing


      You can contact us via the email address provided in the legal notice: info@embassyofmusic.shop . In this case, the personal data transmitted with the email will be stored by us.

       

      In this context, the data are not disclosed to third parties. The data are used exclusively for processing the conversation.

       

      1. Legal basis for the data processing


      The legal basis for the processing of data transmitted in the course of sending an email is Art. 6(1)(f) GDPR. If the email contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR.

       

      1. Purpose of the data processing


      We process the personal data from the input form solely to handle the contact. Where contact is made by email, this also constitutes the necessary legitimate interest in the processing of the data.

       

      1. Storage period


      The data are deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended when it can be inferred from the circumstances that the matter concerned has been conclusively resolved.

       

      1. Possibility of objection and removal


      You have the possibility to withdraw your consent to the processing of personal data at any time. If you contact us by email, you can object to the storage of your personal data at any time. In such a case, however, the conversation cannot be continued.

       

      The withdrawal of consent and the objection to storage can be made by email. 

      In this case, all personal data stored in the course of the contact will be deleted.

       

      VII. Your rights

      If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us as the controller:

       

      1. Right of access


      You may request confirmation from the controller as to whether personal data concerning you are being processed by us. Where such processing is taking place, you may request access to the following information from the controller:

      (1)       the purposes for which the personal data are processed;

      (2)       the categories of personal data being processed;

      (3)       the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

      (4)       the envisaged period for which the personal data concerning you will be stored or, if specific information on this is not possible, the criteria used to determine that period;

      (5)       the existence of the right to request rectification or erasure of personal data concerning you, the right to request restriction of processing by the controller or the right to object to such processing;

      (6)       the right to lodge a complaint with a supervisory authority;

      (7)       where the personal data are not collected from the data subject, any available information as to their source;

      (8)       the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

       

      You have the right to request information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

       

      1. Right to rectification


      You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller must carry out the rectification without undue delay.

       

      1. Right to restriction of processing


      You may 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 the controller to verify the accuracy of the personal data;

      (2)       the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

      (3)       the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or

      (4)       if you have objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

       

      Where the processing of personal data concerning you has been restricted, such data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If the processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

       

      1. Right to erasure

       

      1. Obligation to erase


      You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase these data without undue delay where one of the following grounds applies:

      (1)       The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

      (2)       You withdraw the consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.

      (3)       You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.

      (4)       The personal data concerning you have been unlawfully processed.

      (5)       The erasure of the personal data concerning you is required for compliance with a legal obligation under Union or Member State law to which the controller is subject.

      (6)       The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

       

      1. Information to third parties

      Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) GDPR to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by them of any links to, or copies or replications of, those personal data.

       

      1. Exceptions

      The right to erasure does not apply to the extent that processing is necessary

      (1)       for exercising the right of freedom of expression and information;

      (2)       for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

      (3)       for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) and Art. 9(3) GDPR;

      (4)       for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR, in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

      (5)       for the establishment, exercise or defence of legal claims.

       

      1. Right to be informed

      If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right vis-à-vis the controller to be informed about those recipients.

       

      1. Right to data portability


      You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

       

      (1)       the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and

      (2)       the processing is carried out by automated means.

       

      In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be adversely affected by this. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

       

      1. Right to object

       

      You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The controller shall no longer process the personal data concerning you unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.

      Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling to the extent that it is related to such direct marketing.

      If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

      In the context of the use of information society services – and notwithstanding Directive 2002/58/EC – you may exercise your right to object by automated means using technical specifications.

       

      1. Right to withdraw the declaration of consent under data protection law

       

      You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

       

      1. Automated individual decision-making, 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 entering into, or the performance of, a contract between you and the controller,

      (2)       is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or

      (3)       is based on your explicit consent.

      However, these decisions must not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard the rights and freedoms and your legitimate interests are in place. In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard the rights and freedoms and your legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

       

      1. Right to lodge a complaint with 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 habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.