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Privacy Policy

DATA PROTECTION


DATA PROTECTION POLICY


Unless otherwise stated below, the provision of your personal data is neither legally nor contractually required, nor necessary for the conclusion of a contract. You are not obligated to provide the data. Failure to provide it will have no consequences. This only applies if no other information is provided during subsequent processing operations.


"Personal data" is all information relating to an identified or identifiable natural person.


SERVER LOG FILES


You can visit our websites without providing any personal information.


Every time you access our website, usage data is transmitted to us or our web host/IT service provider via your internet browser and stored in log data (so-called server log files). This stored data includes, for example, the name of the page accessed, the date and time of access, the IP address, the amount of data transferred, and the requesting provider.


Processing is based on Art. 6 (1) (f) GDPR, based on our overriding legitimate interest in ensuring the smooth operation of our website and improving our offering.


CONTACT


CONTROLLER


Please contact us upon request. The controller for data processing is:


Christian Hutmacher,

Höhenstr. 59,

51381 Leverkusen, Germany,

+49(0)173 4796675,

kontakt@spellbound-records.de


UNITIATIVE CUSTOMER CONTACT BY EMAIL


If you initiate business contact with us by email, we will only collect your personal data (name, email address, message text) to the extent provided by you. The data processing serves to process and respond to your contact request.


If the contact is for the purpose of implementing pre-contractual measures (e.g., advice in the event of a purchase interest, preparation of an offer) or concerns a contract already concluded between you and us, this data processing is carried out on the basis of Art. 6 (1) (b) GDPR.


If the contact is made for other reasons, this data processing is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in processing and responding to your inquiry. In this case, you have the right to object to this processing of personal data concerning you based on Art. 6 (1) (f) GDPR at any time for reasons arising from your particular situation.


We will only use your email address to process your inquiry. Your data will then be deleted in compliance with statutory retention periods unless you have consented to further processing and use.


COLLECTION AND PROCESSING WHEN USING THE CONTACT FORM


When you use the contact form, we only collect your personal data (name, email address, message text) to the extent you provide it. Data processing is for the purpose of establishing contact.


If the contact is for the purpose of implementing pre-contractual measures (e.g., advice in the event of a purchase interest, preparing an offer) or concerns a contract already concluded between you and us, this data processing is based on Art. 6 (1) (b) GDPR. If the contact is made for other reasons, this data processing is based on Art. 6 (1) (f) GDPR due to our overriding legitimate interest in processing and responding to your inquiry. In this case, you have the right to object to this processing of personal data concerning you based on Art. 6 (1) (f) GDPR at any time for reasons arising from your particular situation. We will only use your email address to process your inquiry. Your data will then be deleted in compliance with statutory retention periods unless you have consented to further processing and use.


ORDERS


CUSTOMER ACCOUNT


When you open a customer account, we collect your personal data to the extent specified therein. The data processing serves the purpose of improving your shopping experience and simplifying order processing. Processing is carried out on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time by notifying us, without affecting the legality of the processing carried out on the basis of your consent until the revocation. Your customer account will then be deleted.


COLLECTION, PROCESSING, AND TRANSFER OF PERSONAL DATA WHEN PLACING ORDERS


When you place an order, we collect and process your personal data only to the extent necessary to fulfill and process your order and to process your inquiries. The provision of this data is necessary for theContract conclusion is required. Failure to provide this information will result in no contract being concluded. Processing is carried out on the basis of Art. 6 (1) (b) GDPR and is necessary for the fulfillment of a contract with you.


Your data will be shared, for example, with your chosen shipping companies and dropshipping providers, payment service providers, order processing service providers, and IT service providers. In all cases, we strictly adhere to legal requirements. The scope of data transfer is limited to a minimum.


ADVERTISING


USE OF THE EMAIL ADDRESS FOR SENDING NEWSLETTERS


We use your email address, regardless of contract processing, exclusively for our own advertising purposes to send newsletters, provided you have expressly consented to this. Processing is carried out on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation. You can unsubscribe from the newsletter at any time by using the corresponding link in the newsletter or by notifying us. Your email address will then be removed from the mailing list.


USE OF CLEVERREACH


We use the service of CleverReach GmbH & Co. KG (Schafjückenweg 2, 26180 Rastede; "CleverReach") to send the newsletter as part of a contract processing agreement.


We pass on the information you provide during newsletter registration (email address, first and last name if applicable) to CleverReach. The data processing serves the purpose of sending the newsletter and its statistical analysis.


To evaluate newsletter campaigns, the newsletters sent contain a 1x1 pixel graphic (tracking pixel) or a tracking link. This allows us to determine whether you have opened the newsletter and whether you have clicked on any integrated links. Conversion tracking allows us to analyze whether, for example, a purchase was made after clicking on a link in the newsletter or whether you registered on our website. In this context, we collect your personal data, such as your IP address, browser type and device, and the time of purchase. This data can be used to create user profiles under a pseudonym. The collected data will not be used to identify you personally. The collected data will only be used for statistical analysis to improve newsletter campaigns.


The processing of your personal data is based on Art. 6 (1) (f) GDPR, based on our overriding legitimate interest in a targeted, effective, and user-friendly newsletter system. You have the right to object to this processing of personal data concerning you at any time for reasons arising from your particular situation.


Further information and Cleverreach's privacy policy can be found at: https://www.cleverreach.com/de-de/datenschutz/ and https://www.cleverreach.com/de-de/newsletter-tool/newsletter-reporting/.


SHIPPING SERVICE PROVIDERS


PASSING OF EMAIL ADDRESS TO SHIPPING COMPANIES FOR INFORMATION ON SHIPPING STATUS


We will pass on your email address to the shipping company as part of the contract processing, provided you have expressly consented to this during the ordering process. The purpose of this transfer is to inform you about the shipping status by email. Processing is carried out on the basis of Art. 6 (1) (a) GDPR with your consent. You can revoke your consent at any time by notifying us or the shipping company, without affecting the legality of the processing carried out on the basis of your consent until the revocation.


PAYMENT SERVICE PROVIDER


USE OF PAYPAL CHECK-OUT


We use the PayPal Check-Out payment service provided by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal") on our website. The purpose of data processing is to offer you payment via the payment service. By selecting and using payment via PayPal, credit card via PayPal, direct debit via PayPal, or "Pay Later" via PayPal, the data required for payment processing will be transmitted to PayPal in order to fulfill the contract with you using the selected payment method. This processing is based on Art. 6 (1) (b) GDPR.


Cookies may be stored that enable the recognition of your browser. The resulting data processing is based on Art. 6 (1) (f) GDPR, based on our overriding legitimate interest in offering a customer-oriented range of payment methods. You have the right, for reasons related to your particular situation, to withdraw your consent at any time.


You have the right to object to the processing of personal data concerning you.


CREDIT CARD VIA PAYPAL, DIRECT DEBIT VIA PAYPAL & "PAY LATER" VIA PAYPAL


For certain payment methods such as credit card via PayPal, direct debit via PayPal, or "Pay Later" via PayPal, PayPal reserves the right to obtain a credit report based on mathematical-statistical procedures using credit agencies. For this purpose, PayPal transmits the personal data required for a credit check to a credit agency and uses the information received regarding the statistical probability of a payment default to make a balanced decision regarding the establishment, implementation, or termination of the contractual relationship. The credit report may contain probability values ​​(score values) calculated based on scientifically recognized mathematical-statistical procedures and including address data. Your legitimate interests will be taken into account in accordance with legal provisions. Data processing serves the purpose of credit checks for contract initiation. The processing is carried out on the basis of Art. 6 (1) (f) GDPR due to our overriding legitimate interest in protecting against payment defaults when PayPal makes advance payments.


You have the right to object to this processing of personal data concerning you based on Art. 6 (1) (f) GDPR at any time by notifying PayPal, for reasons arising from your particular situation. Providing the data is necessary for concluding the contract using your desired payment method. Failure to provide this data will result in the contract not being concluded using your chosen payment method.


THIRD-PARTY PROVIDERS


When paying using a third-party payment method, the data required for payment processing will be transmitted to PayPal. This processing is carried out on the basis of Art. 6 (1) (b) GDPR. To process this payment method, PayPal may then forward the data to the respective provider. This processing is carried out on the basis of Art. 6 (1) (b) GDPR. Local third-party providers can include:


- Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)

- giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main)


PURCHASE ON INVOICE VIA PAYPAL


When paying using the purchase on account payment method, the data required for payment processing is first transmitted to PayPal. To process this payment method, the data is then transmitted by PayPal to Ratepay GmbH (Franklinstraße 28-29, 10587 Berlin; "Ratepay") in order to fulfill the contract with you using the selected payment method. This processing is based on Art. 6 (1) (b) GDPR. Ratepay may conduct a credit check based on mathematical-statistical procedures (probability or score values) using credit agencies, according to the process already described above. Data processing serves the purpose of credit assessment for contract initiation. The processing is based on Art. 6 (1) (f) GDPR, based on our overriding legitimate interest in protecting against payment defaults when Ratepay makes advance payments. Further information on data protection and which credit agencies Ratepay uses can be found at https://www.ratepay.com/legal-payment-dataprivacy/ and https://www.ratepay.com/legal-payment-creditagencies/.


Further information on data processing when using PayPal can be found in the associated privacy policy.


COOKIES


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


Cookies are stored on your computer. Therefore, you have full control over the use of cookies. By selecting appropriate technical settings in your internet browser, you can be notified before cookies are set and decide individually whether to accept them, as well as prevent the storage of cookies and the transmission of the data they contain. Cookies already stored can be deleted at any time. However, we would like to point out that if you do this, you may not be able to fully use all of the features of this website.


The links below provide information on how to manage (including deactivate) cookies in the most important browsers:


Chrome

Microsoft Edge

Mozilla Firefox

Safari


TECHNICALLY NECESSARY COOKIES


As far as the following applies


Unless otherwise stated in the privacy policy, we only use technically necessary cookies to make our offering more user-friendly, effective, and secure. Furthermore, cookies enable our systems to recognize your browser even after changing pages and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary that the browser is recognized even after changing pages.


The use of cookies or similar technologies is based on Section 25 (2) of the German Telemedia Act (TTDSG). Your personal data is processed on the basis of Article 6 (1) (f) GDPR, based on our overriding legitimate interest in ensuring the optimal functionality of the website and a user-friendly and effective design of our offering.


You have the right to object to this processing of personal data concerning you at any time for reasons arising from your particular situation.


PLUG-INS AND OTHER DEVICES


USE OF GOOGLE RECAPTCHA


We use the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google") on our website. The query serves the purpose of distinguishing between human input and automated machine processing. For this purpose, your input is transmitted to Google and used there. In addition, the IP address and, if applicable, other data required by Google for the reCAPTCHA service are transmitted to Google. This data is processed by Google within the European Union and, if applicable, also transmitted to Google LLC servers in the USA. For the USA, the EU Commission has issued an adequacy decision, the Trans-Atlantic Data Privacy Framework (TADPF). Google has certified itself according to the TADPF and is therefore committed to complying with European data protection principles.


The use of cookies or similar technologies is based on your consent in accordance with Section 25 (1) (1) TTDSG in conjunction with Article 6 (1) (a) GDPR. Your personal data is processed with your consent in accordance with Article 6 (1) (a) GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation.


Further information on Google reCAPTCHA and the associated privacy policy can be found here.


USE OF YOUTUBE


We use the function for embedding YouTube videos provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "YouTube") on our website. YouTube is an affiliated company of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").


This function displays videos stored on YouTube in an iFrame on the website. The "Enhanced Data Protection Mode" option is activated. This means that YouTube does not store any information about website visitors. Only when you watch a video is information about it transmitted to YouTube and stored there. Your data may be transferred to the USA. For the USA, there is an adequacy decision from the EU Commission, the Trans-Atlantic Data Privacy Framework (TADPF). YouTube has certified itself according to the TADPF and is therefore committed to complying with European data protection principles.


The use of cookies or similar technologies is based on your consent in accordance with Section 25 (1) Sentence 1 of the TTDSG in conjunction with Art. 6 (1) (a) GDPR. The processing of your personal data is based on your consent in accordance with Art. 6 (1) (a) GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out on the basis of your consent until the revocation.


Further information on the collection and use of data by YouTube and Google, your rights in this regard, and options for protecting your privacy can be found in YouTube's privacy policy.


RIGHTS OF THE DATA SUBJECT AND STORAGE PERIOD


STORAGE PERIOD


After the contract has been fully processed, the data will initially be stored for the duration of the warranty period, then in compliance with statutory retention periods, in particular those under tax and commercial law, and then deleted after the expiry of the retention period unless you have consented to further processing and use.


RIGHTS OF THE DATA SUBJECT


If the legal requirements are met, you have the following rights under Articles 15 to 20 of the GDPR: Right to information, right to rectification, right to erasure, right to restriction of processing, and right to data portability.


In addition, according to Article 21 (1) GDPR, you have the right to object to processing based on Article 6 (1) (f) GDPR. as well as against processing for direct marketing purposes.


RIGHT TO COMPLAIN TO THE SUPERVISORY AUTHORITY


According to Art. 77 GDPR, you have the right to complain to the supervisory authority if you believe that the processing of your personal data is unlawful.


You can lodge a complaint with the supervisory authority responsible for us, which you can reach using the following contact details:


STATE COMMISSIONER FOR DATA PROTECTION AND FREEDOM OF INFORMATION NORTH RHINE-WESTPHALIA


PO Box 20 04 44

40102 Düsseldorf

Tel.: +49 211 384240

Fax: +49 211 38424999

Email: poststelle@ldi.nrw.de


RIGHT OF OBJECTION


If the personal data processing listed here is based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR, you have the right to object to this processing at any time with future effect for reasons arising from your particular situation.


Once you have objected, the processing of the data in question will be stopped unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.