Data protection statement
In the following, we inform you about the type, scope and purpose of the processing of your personal data when using our purchasing platform at the address "https:\flipvinyl.de". Personal data is any information relating to an identified or identifiable natural person.
1. Controller
The controller within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data. For the personal data processed on this platform, the controller within the meaning of the DSGVO is: recordsale & musicberlin GmbH, Hertzstr. 63a, 13158 Berlin, Germany, telephone 030-549069363, email [email protected] (hereinafter "we").
2. When you visit our website
When you visit our website, our server collects the following information from your end device: browser type and version, operating system, the previously visited website ("referrer"), IP address and the time of the page request.
We collect and process this data to ensure the trouble-free operation of our website and to be able to recognise, ward off and prosecute any misuse of our services. Furthermore, we use the collected data for statistical purposes, for example to evaluate which end devices and browsers are used to access our shop, in order to continuously adapt and improve our offer to the needs of the users on this basis. This data processing is carried out on the basis of Article 6(1)(f) DSGVO.
We delete all of the above-mentioned personal data no later than twelve months after it has been collected.
3. If you offer us goods for purchase
If you offer goods for purchase via our platform, we process your name, address, telephone number and e-mail address as you provide them during the offer process. If you voluntarily provide further data in the course of your offer (e.g. a different billing address or a telephone number), we also process this data.
We process this data electronically for the proper fulfilment of the contract, in particular for billing, the execution and booking of payments and the processing of returns and complaints. This data processing is based on Article 6(1)(b) DSGVO.
We keep this data until all mutual claims arising from the respective contractual relationship with you have been settled in full and the retention periods under commercial and tax law to which we are subject have expired.
For a contract to be concluded between you and us, it is necessary for us to receive your name, delivery address and e-mail address. The necessity of providing this data results from legal regulations (such as § 312i para. 1 item 3 BGB, § 14 para. 4 UStG). Without providing this data, you can therefore not conclude a contract with us.
When deciding on the conclusion of a contract, we refrain from automated decision-making and profiling.
4. Cache offer status
You can optionally cache the content of your purchase offer with us via the function "Save progress for later" in order to retrieve it later. For this purpose, we store your e-mail address and the goods you have placed in the "shopping basket". The legal basis is your consent in accordance with Article 6(1)(a) DSGVO. We will send you a link to the e-mail address you have provided, which you can use to retrieve the shopping cart as often as you like at a later date. We delete the data when you ask us to delete it, but at the latest after ... months from the date of entry on our platform. For personal data from contracts already concluded, the retention periods remain as they result from the section "If you offer us goods for purchase".
5. Delivery and payment
If, as part of the purchase process, we arrange for parcels to be collected by delivery service providers or (re)send physical goods, we will transmit your name and address and, if you have consented to this, your e-mail address, to DHL (DHL Paket GmbH, 53113 Bonn, Germany) as the delivery service provider, for the purpose of collecting or delivering the consignment, including, where applicable, prior e-mail notification of the collection or delivery. including prior e-mail notification of the expected time of delivery on the basis of Article 6(1)(b) DSGVO.
For the payment of a purchase, the payment service provider chosen by you collects and processes your name, e-mail address, card or account number and/or other data, insofar as necessary for the payment method chosen by you in each case. In this respect, the contract and data protection provisions of the payment service provider you have chosen apply in addition.
When we receive a payment, we process the data that the payment service provider transmits to us. Which data this is depends on the payment service provider you have chosen. Insofar as we initiate a payment to you, we transmit the necessary payment data to the payment service provider (e.g. PayPal).
The processing is based on Article 6(1)(b) DSGVO. We keep this data stored until all mutual claims arising from the respective contractual relationship with you have been settled in full and the retention periods under commercial and tax law to which we are subject have expired.
6. Order processors
To support our merchandise management (order management, invoicing, accounting, delivery and, if applicable, returns processing), we use the following services:
- Invoicing: nerdgeschoss GmbH Kottbusser Damm 72 D-10967 Berlin,
to each of which we transmit the data mentioned in your purchase offer for order processing in accordance with Article 28 DSGVO.
7. Contacting
If you send us a message by e-mail, we will store your message with the sender data transmitted with it (name, e-mail address and, if applicable, further information added by your e-mail programme and the transmitting servers). For the receipt, storage and sending of emails, we use an email provider that acts as a processor for us in accordance with Article 28 DSGVO. In particular, we use the Mailchimp/Mandrill service provided by The Rocket Science Group ("Mailchimp"), LLC 675 Ponce de Leon Ave NE Suite 5000. Atlanta, GA 30308 USA. We have concluded an order processing agreement (Article 28 DSGVO) with Mailchimp, including the so-called EU standard contractual clauses (Article 46 DSGVO).
We also process the transmitted sender data with the Customer Relationship Management (CRM) service of the company Zendesk Inc.(hereinafter "Zendesk"), 989 Market Street #300, San Francisco, CA 94102, USA. For more information, please see Zendesk's privacy policy: https://www.zendesk.de/company/customers-partners/privacy-policy/.
We have concluded an order processing agreement with Zendesk that includes the so-called EU standard contractual clauses. In addition, Zendesk has Binding Corporate Rules (binding internal data protection regulations; Art. 46(2)(b), Art. 47 DSGVO) for the internal transfer of data to third countries (e.g. USA).
The legal basis for this data processing is our legitimate interest in answering your message and also being able to respond to any follow-up questions from you (Article 6(1)(f) DSGVO). We delete the data collected with your message no later than twelve months after the last communication with you regarding your request, subject to the provision in the following paragraph.
If you send us a legally relevant statement regarding the contractual relationship (e.g. a revocation or a complaint), the legal basis for the processing is also Article 6(1)(b) DSGVO, regardless of the transmission channel. In such a case, we will delete the data related to your declaration as soon as all mutual claims arising from the contractual relationship have been finally settled and the retention periods under commercial and tax law have expired.
8. Use of cookies
If you have consented to the use of cookies, we will place one or more "cookies" on your terminal device. A cookie is a small text file that enables us to recognise your terminal device when you visit our platform again at a later date. Cookies also allow us to analyse certain user behaviour, e.g. which products you look at, how long you stay on our site and when and how often you return to our platform. Cookies stored by us are deleted no later than twelve months after your last visit to our shop.
This data processing is based on your consent in accordance with Article 6(1)(a) DSGVO and Article 6(1)(f) DSGVO for the purpose of better tailoring our site offering to the wishes of our platform visitors and optimising the functions of our shop and the efficiency of advertising measures.
Independently of whether you have consented to the use of cookies on our website, you can prevent the placing of cookies by going to the cookie settings of your internet browser and there objecting to the placing of cookies for our site or for all websites. There you can also delete cookies that have already been placed.
9. Cloudflare
We use services from Cloudflare, Inc. (101 Townsend St., San Francisco, CA 94107, USA - hereinafter "Cloudflare") on this website to make our website faster and more secure. In addition to delivering our websites quickly, Cloudflare performs various security services for us, such as DDoS protection.
For security reasons, Cloudflare uses user data and cookies (e.g. the cookie "__cfduid") to identify individual website users behind a shared IP address and to apply security settings for each individual user. Cloudflare stores data logs only as long as necessary and this data is also deleted again within 24 hours in most cases. You can find out which data is stored for how long at https://www.cloudflare.com/application/privacypolicy/.
The legal basis for data processing by Cloudflare is Article 6(1)(f) DSGVO, namely our overriding legitimate interest in the secure and functional operation of our website.
Cloudflare stores your data mainly in the USA and the European Economic Area. We have concluded an order processing contract with Cloudflare (Art. 28 DSGVO) including the so-called EU standard contractual clauses (Art. 46 DSGVO).
10. Social Media
Social media buttons may be displayed in our shop; they can be recognised by the logos of the social media platforms (hereinafter "platforms") (e.g. Facebook: "f" logo, Twitter: bird silhouette, Pinterest: "p"). A click on such a button calls up the website of the respective platform, whereby the IP address of the calling up end device as well as the address of the page from which the link is made ("referrer") are transmitted to the called up platform. However, no data is collected or processed by us in connection with the social media buttons.
11. Your rights
You have the following rights in relation to the personal data we process about you:
You have the right to ask us to confirm whether we are processing personal data relating to you. If this is the case, we will inform you of the personal data we hold about you and the further information pursuant to Article 15(1) and (2) of the GDPR.
You have the right to have any inaccurate personal data relating to you rectified without undue delay. Taking into account the purposes of the processing, you also have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
You may request us to delete the personal data concerning you without delay under the conditions of Article 17(1) of the GDPR, insofar as their processing is not necessary pursuant to Article 17(3) of the GDPR.
You may request us to restrict the processing of your data if one of the conditions of Article 18(1) of the GDPR applies. In particular, you may request the restriction instead of erasure.
We will communicate any rectification or erasure of your personal data and any restriction of processing to all recipients to whom we have disclosed personal data relating to you, unless this proves impossible or involves a disproportionate effort. We will also inform you of these recipients if you so request.
You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and may request that we transfer this data to another controller without hindrance, insofar as this is technically feasible.
If data processing is based on your consent, you have the right to withdraw your consent at any time. The revocation of consent does not affect the lawfulness of the data processing that took place until your revocation.
RESPECT: FOR REASONS ARISING OUT OF YOUR PARTICULAR SITUATION, YOU MAY OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU; this right of objection exists in relation to that data processing which is carried out on the basis of Article 6(1)(f) of the GDPR for the purposes of safeguarding legitimate interests on our part or on the part of a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data. If you exercise your right to object, we will no longer process the data concerned unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of you, or for the establishment, exercise or defence of legal claims.
IN THE EVENT THAT WE PROCESS PERSONAL DATA FOR DIRECT ADVERTISING (E.g. NEWSLETTER), YOU MAY AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE CONSEQUENCE THAT WE WILL NO LONGER PROCESS YOUR DATA FOR SUCH PURPOSES.
If you consider that the processing of your personal data infringes the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement. This does not preclude other administrative or judicial remedies.