Data Protection

DATA PROTECTION

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content connected to it, as well as external online presences, e.g. our social media profile (hereinafter collectively referred to as the "online offer"). With regard to the terminology used, e.g. “Processing” or “responsible person”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

RESPONSIBLE

Dorette Gonschorek
Malteserstraße 39
44787 Bochum, Deutschland
Email: mail@micklemucklemusic.de

TYPES OF PROCESSED DATA:

- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).

CATEGORIES OF AFFECTED PERSONS

Visitors and users of the online offer (in the following we refer to the data subjects collectively as "users").

PURPOSE OF PROCESSING

- Providing the online offer, its functions and content.
- Answering contact inquiries and communicating with users.
- Safety / Security measures.
- Audience measurement / Marketing

TERMS USED 

"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is considered to be identifiable, if he or she can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (eg cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and covers practically every handling of data.

"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

“Profiling” means any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or change of location of this natural person.

The “person responsible” is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data.

"Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.

SIGNIFICANT LEGAL BASIS

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. Unless the legal basis is mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

SAFETY MEASURES

In accordance with Art. 32 GDPR, we take appropriate technical considerations, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transfer, securing availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

COOPERATION WITH CONTRACTORS AND THIRD PARTIES

If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, in accordance with Art. 6 Para. 1 b GDPR for the fulfillment of the contract), you have consented, a legal obligation provides for this or based on our legitimate interests (e.g. when using agents, web hosts, etc.). 

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

TRANSMISSIONS IN THIRD COUNTRIES

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is carried out to fulfill our (pre) contractual obligations, based on your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. That the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

RIGHTS OF THE AFFECTED PERSONS

You have the right to request confirmation as to whether the data in question are being processed and for information about this data and for further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request that the processing of the data be restricted.

You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to request their transmission to other responsible parties. 

You have also gem. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.

REVOCATION

You have the right to give consent in accordance with Revoke Art. 7 Para. 3 GDPR with effect for the future

RIGHT TO OBJECT

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

Cookies and right to object to direct advertising

"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie e.g. the content of a shopping cart in an online shop or a login status can be saved. Cookies are referred to as "permanent" or "persistent" and remain saved even after the browser is closed. For example, the login status is saved if the users visit it after several days. Such a cookie can also be used to store the interests of users who are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, we speak of “first-party cookies”).

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be found on a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU-website http://www.youronlinechoices.com/ be explained. Furthermore, cookies can be saved by switching them off in the browser settings. Please note that not all functions of this online offer can then be used.

DELETION OF DATA

The data processed by us is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. That the data will be blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax law reasons.

According to legal requirements in Germany, storage is carried out in particular for 10 years in accordance with §§ 147 Paragraph 1 AO, 257 Paragraph 1 No. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters). 

According to legal requirements in Austria, storage is carried out for 7 years in particular in accordance with Section 132 (1) BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.) for 22 years in connection with land and for 10 years for documents in connection with electronically provided services, telecommunication, radio and television services, which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

CONTACT

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the information provided by the user for processing the contact request and processing it in accordance with. Art. 6 para. 1 lit. b) GDPR processed. The information provided by users can be stored in a customer relationship management system (“CRM system”) or a comparable request organization.

We delete the requests if they are no longer necessary. We check the necessity every two years; The statutory archiving obligations also apply.

HOSTING AND E-MAIL

The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services that we use for the purpose of operating this online offer. 

We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer based on our legitimate interests in the efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction Art. 28 GDPR (conclusion of an order processing contract).

COLLECTION OF ACCESS DATA AND LOGFILES

We, or our hosting provider, based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR data about every access to the server on which this service is located (so-called server log files). The access data include the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider ,

For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.

ONLINE PRESENCE IN SOCIAL MEDIA

We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to be able to inform them there about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply. 

Unless otherwise stated in our data protection declaration, we process the data of users provided that they communicate with us within social networks and platforms, e.g. Write articles on our online presence or send us messages.

INCLUDING THIRD PARTY SERVICES AND CONTENT

We use content or service offers from third-party providers within our online offer based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) lit. Services such as Include videos or fonts (hereinafter referred to as “content”). 

This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.

VIMEO

We can integrate the videos of the “Vimeo” platform from Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Data protection: https://vimeo.com/privacy, We point out that Vimeo can use Google Analytics and refer to the data protection declaration (https://www.google.com/policies/privacy) and opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/.).

YOUTUBE

We integrate the videos of the platform “YouTube” from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

USE OF FACEBOOK SOCIAL PLUGINS

On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) (f) GDPR), we use social plugins (“plugins”) from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook"). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on a blue tile, the terms "Like", "Like" or a "thumbs up" sign ) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted from Facebook directly to the user's device, which integrates it into the online offer. User profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs users according to our level of knowledge.

By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by pressing the Like button or leaving a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save his IP address. According to Facebook, only an anonymized IP address is saved in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads  or via the US site http://www.aboutads.info/choices/  or the EU-website http://www.youronlinechoices.com/, The settings are platform independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

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