The person responsible in terms of data protection law for the operation of the website taptape.de/musicards.eu is Peter Rullmann, Hellwigstr. 9, 66121 Saarbrücken, Germany (hereinafter: Provider), Tel.: +49/681/41096778, E-Mail: email@example.com.
The person responsible with regard to the content provided when using a Tape is the respective publisher of the Tape (customer of the Provider); names and contact details can be found in the respective imprint of the publisher of the Tape.
The provider is not itself responsible for the content made available by the tape publisher and only acts for the tape publisher within the framework of an data processing agreement, unless the provider processes data for its own purposes (e.g. to improve the user experience).
2) Data collection when visiting our website
When you use our website for information purposes only, i.e. if you do not register or send us any other information, we only collect the data that your browser sends to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the time of access
- Amount of data sent in bytes
- Source/reference from which you reached the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.
In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your terminal device and enable us or our partner companies (third-party cookies) to recognize your browser the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. The duration of the respective cookie storage can be found in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). Insofar as personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 Para. 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 Para. 1 lit. a GDPR in the case of consent given or in accordance with Art. 6 Para. 1 lit. f GDPR to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the site visit.
We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your terminal device when you visit our website (third-party cookies). If we cooperate with aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the paragraphs below.
Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the
respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Please note that if you do not accept cookies, the functionality of our website may be limited.
4) Contacting us
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR. Your data will be deleted after final processing of your request. This is the case when the circumstances indicate that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
5) Data processing when opening a customer account and for contract execution.
Pursuant to Art. 6 Para. 1 lit. b GDPR, personal data will continue to be processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further use of data was reserved by us.
6) Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will send you regular information about our offers. Mandatory data for sending the newsletter is only your e-mail address. The provision of further data is voluntary and will be used to address you personally. For sending the newsletter we use the so-called double opt-in procedure. This means that we will only send you an e-mail newsletter after you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in the future by clicking on an appropriate link.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Para. 1 lit. a GDPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter will be used exclusively for the purpose of advertising the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the person responsible mentioned at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data in a manner that goes beyond this, which is permitted by law and about which we inform you in this declaration.
7) Sending the e-mail newsletter to existing customers.
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you e-mail offers for similar goods or services to those already purchased from our range. In accordance with Section 7 Para. 3 of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 Para. 1 lit. f GDPR. If you have initially objected to the use of your e-mail address for this purpose, no e-mails will be sent by us. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. For this, you will only incur transmission costs according to the prime rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
8) Data processing for order processing
In order to process your order, we work together with the service provider(s) listed below, who support us in whole or in part in the execution of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.
The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for the transfer of data is Art. 6 Para. 1 lit. b GDPR.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent
necessary for payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Art. 6 Para. 1 lit. f GDPR on the basis of PayPal’s legitimate interest in determining your solvency. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal’s data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
If you choose a payment method of the payment service provider Stripe, the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to which we pass on your information provided during the ordering process together with information about your order (name, address, account number, bank code, credit card number, if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 Para. 1 lit. b GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. You can find more information about Stripe’s data protection at the URL: https://stripe.com/de/privacy.
9) Rights of the data subject
The applicable data protection law grants you comprehensive data subject rights vis-à-vis the controller with regard to the processing of your personal data, namely a right to information about your personal data processed by us, a right to rectification, restriction of processing, information and data portability.
You have the right to revoke your consent to the processing of data at any time with effect for the future.
You also have a right to lodge a complaint with a supervisory authority.
IF, IN THE CONTEXT OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSES OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH MARKETING. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.
10) Duration of the storage of personal data
The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When processing personal data on the basis of explicit consent pursuant to Art. 6 Para. 1 lit. a GDPR, this data is stored until the data subject revokes his/her consent.
If there are legal retention periods for data that is processed within the scope of legal business or similar obligations on the basis of Art. 6 Para. 1 lit. b GDPR, this data will be routinely deleted after the retention periods have expired, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract and/or there is no legitimate interest on our part to continue storing it.
When processing personal data on the basis of Art. 6 Para. 1 lit. f GDPR, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21 Para. 1 GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Article 6 Para. 1 lit. f GDPR, this data will be stored until the data subject exercises his or her right to object pursuant to Article 21 Para. 2 GDPR.
Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.
11) Data processing in the context of the use of a tape
In order for the relevant content to be made available to the user of the Service, it is necessary for certain data relating to the user to be processed. The use of a tape requires in this respect that the tape used by the User is authenticated so that the content can subsequently be retrieved. For this purpose, a cookie with an individual user ID is also stored on the user’s terminal device so that it can be tracked which tapes the user has already scanned (authorized); this serves in particular the usability of the service so that the tape does not have to be reauthorized each time for subsequent uses and the user can view an overview of the tapes he or she has most recently scanned. The data will not be disclosed to third parties.
11.2) Creation and use of a user profile
It is possible for the user to create a user profile. If the user agrees to this, his profile data (name, avatar image and optionally an e-mail address) will be stored. The user is not obliged to provide real data and can also use a pseudonymous nickname.
When using the chat function, the user’s chat messages are visible to other users in the chat room and to the publisher of the tape. After the chat is finished, the chat messages will be deleted. When using the comment function, the comments are visible for other owners of similar tapes as well as the publisher of the tape. The comments are generally stored for an unlimited period of time.
The user can also save individual tapes or content as favorites to his user profile.
When using the video conference function, the external service of 8×8.com is used; the use of the service is based on the voluntary decision of the user.
11.3) Collection and anonymized analysis of visitor data
The responsible person is provided with weekly reports (statistics) on visitor behavior with cumulative data. These reportings are carried out exclusively on the server side, in anonymized form, and do not allow any conclusions to be drawn about individual users. The source data logged for this purpose is usually deleted automatically immediately after the reports are generated, but no later than 31 days later. The serial number of the tape, the authorization status, the user ID, the name of the tape (which album/audiobook/movie), a timestamp, action, user agent information and the shortened anonymized IP address are recorded.
The reportings contain the following information in cumulative form: Number of users, countries of origin and browser language of the accesses, times of day and days of the week of the accesses, dwell time of the visits, number of actions of the visits, browser (incl. version) / operating system (incl. version) / device type (and brand) of the users, number and time intervals of recurring visits, number of users of the same tapes (through how many hands does a tape go on average), which contents of the tapes of the tapes are accessed how often, playing time of the audio / video contents, number of playbacks, popular tracks and media segments.
11.4) Advanced tracking to improve usability
The Provider processes internal error messages of the App for purposes of error analysis. The error messages are stored on a dedicated Sentry.io server.
Navigation behavior such as mouse movements and clicks are stored in order to improve the usability of the services.
Under no circumstances are conclusions drawn about the individual user. The data collected is processed in anonymous form. The collection and subsequent anonymization of data for the above purposes is based on legitimate interests (improvement of the user experience, stability and security of the service).
11.5) Special functions
If implemented, the User may use additional special functions such as the integration of third-party content or location-based content. These special functions require the prior consent of the user (for example, permission to access the user’s GPS position).