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General Business Terms and Conditions
General Business Terms and Conditions for Germany of
Musikkonzept getyourmusic
Vor dem Dorfe 19
D-37127 Löwenhagen

e-mail: service(at)getyourmusic.de
Telefax: 05502 - 9998014
Tax number: 20/127/02117
Managing director: Dr. Jörg Linnenbrügger

Please use the above mentioned contact data or our contact form also for questions, complaints and suggestions.

The following terms and conditions apply to shipments within the Federal Republic of Germany. Special international terms and conditions apply to shipments to other countries and to customers with a usual place of residence in other countries of the European Union (EU) and other foreign countries.
 

I. Conclusion of the Agreement, Confirmation of the Receipt of the Order, Storage

1. The other party to the agreement is Musikkonzept getyourmusic. Agreements can be concluded in German and English at present in our Internet shop. Our product offers are non-binding if they do not become the content of a contractual agreement.

2. An opportunity exists to review and correct the data input by you before your purchase order is submitted. You submit a binding declaration of agreement when your purchase order is sent. The receipt of the purchase order will be immediately confirmed after your purchase order is received with no technical problems.

A binding agreement will come about when we accept your purchase order. Our acceptance can be provided in the following ways:

- We accept your purchase order via notification of delivery, notification of the date that the account is debited in the case of a direct debit or via a separate declaration of acceptance within 7 days or
- You take advantage of our offer and complete your purchase order via authorization of the payment through the on-line payment service "Prepayment" (bank transfer) or PayPal or via a credit card payment (the completion of payment corresponds to the conclusion of the agreement) or
- You receive the goods that were ordered without the agreement having been concluded in one of the ways mentioned above.

You will be bound by your order for at most 7 days - subject to a statutory right of cancellation.

3. We will keep these general business terms and conditions and the other contractual provisions with the data of your purchase order available for retrieval in the ordering process. You can simply archive this information there by either downloading the general business terms and conditions and storing the data collected in the Internet shop in the ordering process with the aid of the functions of your browser or waiting for the automatic confirmation of the receipt of the purchase order, which we will additionally send to you at the address specified by you after your purchase order is completed. This e-mail indicating confirmation of the receipt of the purchase order will once again include the provisions of the agreement with the data of your purchase order, and it can easily be printed out or saved with your e-mail program.
 

II. Prices, Shipping Costs

The prices listed in the offer at the point in time of the purchase order will apply to purchase orders in our Internet shop. The prices shown are total prices. You can find details on the shipping costs that may be added in the information in the offer.
 

III. Payments, Delivery, Reservations Regarding Delivery

1. You have the possibility of paying as follows:

Payment by prepayment (cash in advance. You will receive an e-mail with all payment information immediately after your order. Upon receipt of your money transfer to our account, we deliver your order.)
Payment by credit card (Visa, MasterCard) (Note: Your credit card will be charged immediately after transmission of the payment data and completion of the purchase order.)
Payment by PayPal (You pay the invoice amount via the on-line provider PayPal. You have to be registered there or, as the case may be, initially register, provide proof of identity with your access data and confirm the payment instruction to us. You will receive further instructions on how to get to the site of the payment provider during the ordering process. Your PayPal account will be charged when you send the purchase order.)

2. We will deliver the ordered goods without delay, but within 7 days after the receipt of the purchase order or the advance payment at the latest. Please refer to the offers for information on deviating delivery times. The delivery obligation will not apply if deliveries are not made to us correctly and in a timely manner and we are not responsible for the lack of availability. When the goods are not available, we will immediately notify you and any advance payment that may have been made will be refunded without delay.

3. The delivery time will be extended in an appropriate fashion when there are strike and lockout actions interfering with the delivery or other circumstances for which we are not responsible, especially in cases of delivery delays because of force majeure. We will notify the purchaser without delay of the start and end of difficulties of that type.

4. We reserve the right to only offer the conclusion of an agreement in household quantities for limited availability items and special offers.

5. We use Deutsche Post, DHL and HERMES for postal shipments. You will receive a message from us when the goods have left our company. If delivery is not possible, you will receive a message from the carrier that indicates other possibilities.
 

IV. Warranty

1. A statutory right with regard to liability for defects (warranty) exists for the customer when goods are defective.

2. We attach a great deal of importance to customer satisfaction. You can turn to us at any time via one of the contact methods provided at the outset. We will strive to review your request as quickly as possible and will get in touch with you with regard to this after receipt of the documents or your request or complaint. Give us some time, though, because the manufacturer frequently has to be involved in warranty cases. When there are complaints, you will help us when you describe the problem as precisely as possible and turn over a copy of purchase order documents, if applicable, or at least provide the order number, customer number etc. If you do not receive a reaction from us within 14 days, please inquire about it. In rare cases, e-mails could be in spam filters at our company or get "stuck" with you, or a message will not reach you in another way or will not be sent by mistake.
 

V. Retention of Title

The goods that are delivered will remain our property until complete payment has been made.
 

VI. Data protection

You can find details on the collection and use of your personal data in our Privacy policy.
 

VII. Jurisdiction, Partial Invalidity, Applicable Law

1. Our place of business is agreed to be the jurisdiction for all legal disputes concerning these business terms and conditions and individual agreements concluded under their scope of applicability, including disputes about bills of exchange and checks, in business transactions with business persons and with legal entities under public law. We are also entitled in this case to bring a legal action at the domicile location of the customer. Any exclusive jurisdiction will remain unaffected by the provision indicated above.

2. When individual provisions of the delivery agreement or of these general business terms and conditions are ineffective, the remaining provisions will continue to be effective.

3. The law of the Federal Republic of Germany will apply to any and all legal transactions or other legal relations with us. The UN Sales Convention (CISG) and any other inter-governmental treaties will not apply, even after being adopted in German law. This choice of law includes the qualification that customers with a usual place of residence in one of the States of the EU or Switzerland will not be deprived of granted protection following from the mandatory regulations of the law of this State.
 

Your Musikkonzept getyourmusic (01.05.2017)
 

Instructions on withdrawal
Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

Musikkonzept getyourmusic
Vor dem Dorfe 19
37127 Löwenhagen
Germany

E-Mail: service(at)getyourmusic.de
Telefax: 05502 - 9998014
Tax number: 20/127/02117
Managing director: Dr. Jörg Linnenbrügger

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions from the right of withdrawal in the Sale of Goods

Statutory exceptions exist to the right of withdrawal (§ 312g BGB [German Civil Code]); we reserve the right to invoke the following regulations in relation to you: A right of withdrawal does not exist for agreements to deliver goods that are not prefabricated and that require an individual selection or determination by the consumer for their production or that are clearly custom-made for the personal requirements of the consumer. It can expire prematurely in the case of agreements to deliver goods if they were inseparably mixed with other goods after the delivery because of their nature and in the case of agreements to deliver audio or video recordings or computer software in sealed packaging if the seal was removed after the delivery.
 

General Business Terms and Conditions for Customers with a Usual Place of Residence in the EU States and Other Foreign Countries of
Musikkonzept getyourmusic
Vor dem Dorfe 19
D-37127 Löwenhagen

e-mail: service(at)getyourmusic.de
Telefax: +49 5502 - 9998014
Tax number: 20/127/02117
Managing director: Dr. Jörg Linnenbrügger

Please use the above mentioned contact data or our contact form also for questions, complaints and suggestions.

The following conditions apply to customers with a usual place of residence in the European Union (EU) and other foreign countries outside of the Federal Republic of Germany..
 

I. Conclusion of the Agreement, Confirmation of the Receipt of Purchase Orders, Storage

1. The other party to the agreement is Musikkonzept getyourmusic. Agreements can be concluded in German and English at present in our Internet shop. Our product offers are non-binding if they do not become the content of a contractual agreement.

2. An opportunity exists to review and correct the data input by you before your purchase order is submitted. You submit a binding declaration of agreement when your purchase order is sent. The receipt of the purchase order will be immediately confirmed after your purchase order is received with no technical problems.

A binding agreement will come about when we accept your purchase order. Our acceptance can be provided in the following ways:

- We accept your purchase order via notification of delivery or via a separate declaration of acceptance within the delivery period or
- You take advantage of our offer and complete your purchase order via payment through the on-line payment service "Prepayment" (cash in advance, bank transfer) or PayPal or via a credit card payment (the completion of payment corresponds to the conclusion of the agreement) or
- You receive the goods that were ordered without the agreement having been concluded in one of the ways mentioned above.

You will remain bound to your purchase order for at most 7 days.

3. We will keep these general business terms and conditions and the other contractual provisions with the data of your purchase order available for retrieval in the ordering process. You can simply archive this information there by either downloading the general business terms and conditions and storing the data collected in the Internet shop in the ordering process with the aid of the functions of your browser or waiting for the automatic confirmation of the receipt of the purchase order, which we will additionally send to you at the address specified by you after your purchase order is completed. This e-mail indicating confirmation of the receipt of the purchase order will once again include the provisions of the agreement with the data of your purchase order, and it can easily be printed out or saved with your e-mail program.
 

II. Prices, Shipping Costs, Return Costs

1. The prices listed in the offer at the point in time of the purchase order will apply to purchase orders in our Internet shop. The prices shown are total prices.

2. You can find details on the shipping costs that may be added in the information in the shop.

3. Further costs can arise for importation into a third country (customs duties, possible customs fees and import sales taxes) in the case of deliveries outside of Germany. The customer has to pay these further costs.
 

III. Payments, Delivery, Reservations Regarding Delivery

1. You have the possibility of paying as follows:

Payment by credit card (Visa, MasterCard) (Note: Your credit card will be charged immediately after transmission of the payment data and completion of the purchase order.)
Payment by PayPal (You pay the invoice amount via the on-line provider PayPal. You have to be registered there or, as the case may be, initially register, provide proof of identity with your access data and confirm the payment instruction to us. You will receive further instructions on how to get to the site of the payment provider during the ordering process. Your PayPal account will be charged when you send the purchase order.)
Payment by prepayment (cash in advance. You will receive an e-mail with all payment information immediately after your order. Upon receipt of your money transfer to our account, we deliver your order.)

2. We will deliver the ordered goods without delay, but within 7 days after the receipt of the purchase order or the advance payment at the latest. Please refer to the offers for information on deviating delivery times. The delivery obligation will not apply if deliveries are not made to us correctly and in a timely manner and we are not responsible for the lack of availability. When the goods are not available, we will immediately notify you and any advance payment that may have been made will be refunded without delay.

3. The delivery time will be extended in an appropriate fashion when there are strike and lockout actions interfering with the delivery or other circumstances for which we are not responsible, especially in cases of delivery delays because of force majeure. We will notify the purchaser without delay of the start and end of difficulties of that type.

4. We reserve the right to only offer the conclusion of an agreement in household quantities for limited availability items and special offers.

5. We use Deutsche Post, DHL and HERMES for postal shipments. You will receive a message from us when the goods have left our company.
 

IV. Warranty

1. The warranty is provided according to the statutory regulations of the Federal Republic of Germany. A statutory right with regard to liability for defects exists for the customer.

2. When a defect is remedied in business transactions with clients who have not ordered for private purposes, we will only pay the transport costs in so far as they are not increased by the fact that the purchased item is brought to a different place than the place of performance.

We attach a great deal of importance to customer satisfaction. You can turn to us at any time via one of the contact methods provided at the outset. We will strive to review your request as quickly as possible and will get in touch with you with regard to this after receipt of the documents or your request or complaint. Give us some time, though, because the manufacturer frequently has to be involved in warranty cases. When there are complaints, you will help us when you describe the problem as precisely as possible and turn over a copy of purchase order documents, if applicable, or at least provide the order number, customer number etc. If you do not receive a reaction from us within 14 days, please inquire about it. In rare cases, e-mails could be in spam filters at our company or get "stuck" with you, or a message will not reach you in another way or will not be sent by mistake.
 

V. Retention of Title

The goods that are delivered will remain our property until complete payment has been made.
 

VI. Data protection

You can find details on the collection and use of your personal data in our Privacy policy.
 

VII. Jurisdiction, Partial Invalidity, Applicable Law

1. Our place of business is agreed to be the jurisdiction for all legal disputes concerning these business terms and conditions and individual agreements concluded under their scope of applicability, including disputes about bills of exchange and checks, in business transactions with business persons and with legal entities under public law. We are also entitled in this case to bring a legal action at the domicile location of the customer. Any exclusive jurisdiction will remain unaffected by the provision indicated above.

2. When individual provisions of the delivery agreement or of these general business terms and conditions are ineffective, the remaining provisions will continue to be effective.

3. The law of the Federal Republic of Germany will apply to any and all legal transactions or other legal relations with us. The UN Sales Convention (CISG) and any other inter-governmental treaties will not apply, even after being adopted in German law. The provision in III. Item 1, 2nd paragraph will remain unaffected. This choice of law includes the qualification that customers with a usual place of residence in one of the States of the EU or Switzerland will not be deprived of granted protection following from the mandatory regulations of the law of this State.
 

Your Musikkonzept getyourmusic (01.05.2017)
 

Instructions on withdrawal
Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

Musikkonzept getyourmusic
Vor dem Dorfe 19
37127 Löwenhagen
Germany

E-Mail: service(at)getyourmusic.de
Telefax: +49 5502 - 9998014
Tax number: 20/127/02117
Managing director: Dr. Jörg Linnenbrügger

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions from the right of withdrawal in the Sale of Goods

Statutory exceptions exist to the right of withdrawal (§ 312g BGB [German Civil Code]); we reserve the right to invoke the following regulations in relation to you: A right of withdrawal does not exist for agreements to deliver goods that are not prefabricated and that require an individual selection or determination by the consumer for their production or that are clearly custom-made for the personal requirements of the consumer. It can expire prematurely in the case of agreements to deliver goods if they were inseparably mixed with other goods after the delivery because of their nature and in the case of agreements to deliver audio or video recordings or computer software in sealed packaging if the seal was removed after the delivery.
 

Privacy Policy
Data Protection at www.getyourmusic.de and associated sub-domains
General information

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Musikkonzept getyourmusic. The use of the Internet pages of Musikkonzept getyourmusic is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website (online shop order, contact by email, seller registration), processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations (BDSG, TMG, UWG) applicable to Musikkonzept getyourmusic. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Musikkonzept has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

Definitions

The data protection declaration of Musikkonzept is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Musikkonzept getyourmusic
Vor dem Dorfe 19
37127 Löwenhagen
Germany

eMail: info@getyourmusic.de
Website:www.getyourmusic.de

Cookies

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

On the website of Musikkonzept getyourmusic cookies are used only for the shopping cart in the online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. These cookies are deleted automatically after finishing an online shop order.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

Collection of general data and information (Logfiles)

The website of Musikkonzept getyourmusic collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Musikkonzept does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Musikkonzept analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Online shop orders

We clarify that the provision of personal data is in part required by law (for example, by tax regulations) or may result from contractual arrangements (such as details of the contractor). When ordering a product in the online shop on the website of Musikkonzept getyourmusic, a contract is concluded that requires that an affected person provide us with personal data that must subsequently be processed by us. Which personal data are transmitted to the controller results from the input mask used for this purpose. If personal data are not provided, the contract with the person concerned can not be closed.

If in doubt, the person concerned may contact one of our employees before providing personal data. The employee informs on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and about the consequences of the non-provision of the personal data.

The criterion for the duration of the storage of personal data in case of an online shop order is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.

Personal data, which are collected and processed in case of an online shop order, generally remain with Musikkonzept getyourmusic and will not be passed on to third parties. Exempted from this is the transfer to processors such as postal or parcel delivery companies (goods dispatch) as well as bank and credit card companies (payment processing) to fulfill the contract between the customer and Musikkonzept getyourmusic.

Seller registration, CD registration

On the Musikkonzept getyourmusic website, musicians, artists and bands have the opportunity to register as CD seller and to offer and set up their own CDs for sale on the Musikkonzept getyourmusic website. During this registration precesses personal data will be processed and stored by Musikkonzept getyourmusic. The provision of personal data is sometimes required by law or results from contractual arrangements (such as details of the contractor, the CD article to be sold). The personal data that is transmitted to the controller for this purpose is derived from the input masks used for this purpose.

If in doubt, the person concerned may contact one of our employees before providing personal data. The employee informs on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and about the consequences of the non-provision of the personal data.

Personal data that is processed in the context of a seller and CD registration, remain generally at Musikkonzept getyourmusic and will not be disclosed to third parties. Likewise, no publication of personal data takes place. Only data will be published, which are necessary for the sales of the CD articles setup by the provider (article name, name of the interpreter). Further data for publication within the framework of a CD offer can be voluntarily transmitted by the provider (CD information texts, the artist, URL of his own website, Facebook page, Youtube channel).

The criterion for the duration of the storage of personal data in case of an online shop order is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.

Contact possibility via the website

The website of Musikkonzept getyourmusic contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

Rights of the data subject

Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Musikkonzept getyourmusic, he or she may, at any time, contact any employee of the controller. An employee of Musikkonzept shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of Musikkonzept getyourmusic will arrange the necessary measures in individual cases.

Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Musikkonzept getyourmusic, he or she may at any time contact any employee of the controller. The employee of the Musikkonzept will arrange the restriction of the processing.

Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of Musikkonzept getyourmusic.

Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

Musikkonzept getyourmusic shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If Musikkonzept getyourmusic processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Musikkonzept to the processing for direct marketing purposes, the Musikkonzept will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Musikkonzept for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the Musikkonzept. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Musikkonzept shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Musikkonzept getyourmusic.

Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Musikkonzept getyourmusic.

Web analytics services

As a responsible company Musikkonzept getyourmusic completely relinquishes the use of web analytics services like Google Analytics etc.

Existence of automated decision-making (Profiling)

As a responsible company, we do not use automatic decision-making or profiling.

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

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