Out of Line Website Out of Line Shop

Data Privacy Statement

Data Privacy Statement


The responsible entity according to the European General Data Protection Regulation (GDPR) and other national data protection laws as well as other data protection regulations is:

Out Of Line Music GmbH
Geschäftsführer: Andre Kobliha
Seestraße 15
12623 Berlin
Tel: +49 (0)30 5655353 0
Email: info@outofline.de
www.outofline.de

I. Provision of our website and log files

Scope of processing of personal data
When you visit our website, your browser connects to the web server of our host O.Open Programs and Systems, Christoph Kuchenbuch, Erkelenzdamm 21, 10999 Berlin, with whom we have an order processing contract. This generates connection data that O.Open saves in so-called log files.
Log files contain the
• Host name / IP address of the device you are using to access our website,
• Date and time of your access,
• Name and URL of the file accessed,
• Website that access is made from (referrer URL),
• The type of browser you are using,
• If applicable, information about your computer’s operating system.

2. Purpose of data processing
O.Open uses the data on our behalf to display and deliver our content, to ensure a smooth connection setup, to ensure comfortable use of our website and to evaluate system security and stability.

3. Legal basis for processing
The legal basis for the temporary storage of this data and the log files is based on Art. 6 Para. 1 lit. f GDPR. Our legitimate interest arises from the purpose of data processing.

4. Duration of storage
O.Open will save your IP address for a maximum of 7 days to detect and defend against cyber attacks and then delete it.

5. Objection and removal option
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. Therefore, the user has no option to object.


II. Newsletter registration
1.Scope of processing of personal data
You may subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input template is transmitted to Mailjet SAS, a French company located at 13-13 bis, Rue de l’Aubrac, 75012 Paris, with whom we have an order processing contract. Since the input template requires you to enter your e-mail address, other data in addition to this e-mail address- depending on its format - may also be transmitted, such as your name, company name and / or other specific data.

During the registration process your consent for the processing of data is obtained in reference to this data protection statement.

Your consent to the newsletter delivery is logged by date stamp.

If you purchase goods and / or services on our website and provide your e-mail address, it may also subsequently be used by us to send a newsletter. In this case, only direct advertising for our own products will be sent via this newsletter.

2. Purpose of data processing
The processed data will be used exclusively for delivery of our newsletter and for purposes of evidence for the logging of your consent in this regard.

3. Legal basis for processing
The legal basis for processing the data after you have registered for the newsletter is Art. 6 Para. 1 lit a GDPR. The legal basis for delivery of the newsletter as a result of the purchase of goods and / or services is Section 7 (3) UWG.

4. Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose that it was collected for.

5. Objection and removal option
You may cancel your newsletter subscription at any time. A corresponding link to unsubscribe is provided in every newsletter. This will also terminate the delivery of any newsletters you are receiving as a result of purchasing of goods and / or services from us.

III. Registration
1. Scope of processing of personal data
We offer users the opportunity to register a user account on our website by providing personal data. By doing so, the data entered into the input template is transmitted to us and stored. The data will not be passed on to third parties during registration. The following data is collected and saved:

· First name, Last Name
· E-mail address
· Date of birth
· Password (encrypted)

If your e-mail address contains personal data that deviates from the above, we will also collect this data. After registering, you may add further personal data to your account under the menu item “My Account” and make purchases under your account. Outside of an actual purchase you may also enter the following additional personal information to your account which we will collect and save:

The name of the company you work for
Your phone number
Your fax number
Your legal address including street name, zip code, city, and state and country (if applicable)
Delivery addresses that you would like your orders to be shipped to

By placing an order with us, the ordering data is also automatically saved to your account. We only pass on the data you provided in your account to the extent that is necessary for processing of your order (please refer to the next line item of this data privacy statement).

2. Purpose of data processing
The data collection and storage in the context of a mere account registration takes place due to pre-contractual measures. You may only purchase goods or services on our website by registering an account. We collect your date of birth in order to conduct an age verification.

3. Legal basis for processing
The legal basis for the processing of data in case of a mere account registration - without placing an order - is based on your consent according to Art. 6 Para. 1 lit a GDPR.

4. Duration of storage
We store the data for the duration of time you maintain an active account with us.

5. Objection and removal option
You may e-mail us at info@outofline.de at any time to completely and / or partially delete the data you have saved in your user account and thus revoke your consent; You may also edit your personal info at any time by using the "My Account" menu option. If the data is vital to fulfill a contract or to carry out pre-contractual measures, a complete and early deletion of the data is only possible if there are no contractual and legal obligations to prevent such deletion. This may be the case when you have placed an order with us, for example.

V. Orders
1. Scope of processing of personal data
If you place an order with us after your account registration, we collect the following data in addition to the registration data (if we don’t already have this info on file due to previous orders and / or your own entry of additional data):
· Your phone number
· Your legal address consisting of street name, zip code, city, and state and country (if applicable).
· The address you wish to ship the order to.

Furthermore, we collect the following info if you enter it:
· The name of the company that you work for
· Your fax number.

a. Shipping processing
Your personal data (e.g. name, address, e-mail address and telephone number) as well as additional data generated by us (order number, invoice number and delivery note number) will only be passed on to third parties as part of the ordering and shipping processing, such as the logistics company commissioned with the delivery (DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany; UPS Europe, Avenue Ariane 51200 Brussels, Belgium; Hermes Germany GmbH, Essener Str. 89, 22419 Hamburg, Germany; PIN MAIL Public Holdings Company based in Berlin, Alt-Moabit 91, 10559 Berlin, Germany; Nordkurier Logistik Berlin GmbH & Co. KG, a Nordkurier Mediengruppe Company, Buckower Chaussee 134, 12277 Berlin, Germany; FedEx Express Germany GmbH, Langer Kornweg 34 k, 65451 Kelsterbach, Germany, or Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany).

If you are based outside the EU, the invoice amount and two invoice duplicates will be sent to  the applicable logistics company for customs authorities’ perusal in addition to your aforementioned personal data.
Other data will not be passed on to third parties unless indicated in this data privacy statement, such as in the context of the newsletter.

b. Payment processing
If you choose to pay via your PayPal account, we process the following data transmitted from PayPal (Europe) S.à.r.l. et Cie, S.C.A. 22-24 Boulevard Royal, 2449 Luxembourg,:
· The payer ID
· Transaction code
· Your first name, last name and address
· Your e-mail address that you are registered with at PayPal
· The amount and
· The item you paid for.

Only the item number, description and prices of the items you have ordered are transmitted by us to PayPal.

If you choose to pay by bank transfer, we collect and process the following information from your bank:
 
· Your last name,
· Your first name,
· The payment amount,
· Your IBAN code and
· Your BIC code.

If you choose to pay cash on delivery, we will pass the first and last name provided as well as our shipment ID on to the logistics company commissioned by us. As part of the payment process, we will not be given any further personal data by third parties. No other personal data will be collected by third parties as part of the payment process.
 
2. Purpose of data processing
The collection and storage of the data takes place in order to be able to identify you as a customer, to process, fulfill and process your order and payment, to conduct any written correspondence or telephone calls with you, to issue invoices and to process claims against you. The transfer of your data to the logistics companies commissioned by us takes place for the purpose of a smooth delivery of the ordered goods.

3. Legal basis for processing
The data processing takes place upon your order placement according to Art. 6 Abs. 1 lit b GDPR.

4. Duration of storage
We store the data on your behalf for the duration of your account being active with us to the extent of its registration, and / or until the retention obligation expires.

5. Objection and removal option
A deletion of your account and subsequent deletion of ordering data is only possible if there are no current contractual and legal obligations.

VI. E-mail contact
1. Description and scope of data processing
Providing your e-mail address enables correspondence with us. In this case, personal data transmitted within e-mails will be saved (your e-mail address, etc.). Data will not be passed on to third parties in this context. The data will be used solely to process the communication.

2. Legal basis for data processing
Legal basis for the processing of data transmitted by sending an e-mail is Article 6 (1) lit.f GDPR. If the purpose of e-mail correspondence is to conclude a contract, the additional legal basis for processing Art. 6 Para. 1 lit. b GDPR.

3. Purpose of data processing
The purpose of processing of your personal data serves only to handle your communication with us. Herein also lies our necessary legitimate interest in processing the data.

4. Duration of storage
Data will be deleted as soon as it is no longer required to achieve the purpose it was collected for. In terms of personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is considered ended when it is clear that resolving of an issue has been completed.

5. Objection and removal option
If you contact us by e-mail, you may object to the storage of your personal data at any time. In this instance, however, the conversation cannot be continued. You may object and revoke your consent to data storage by sending an e-mail to info@outofline.de. All personal data that was stored in the course of making contact will be deleted.

VII. Your rights
If your personal data is processed, you are affected according to the GDPR and you have the following rights against the responsible entity:

1. Right to information
You may request confirmation from the responsible entity as to whether your personal data is being processed by us. If this is the case, you may request the following information from the responsible entity:
(1) The purposes your personal data is processed for;
(2) The categories of personal data being processed;
(3) The recipients and categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) The planned duration of storage of your personal data, or, if specific information hereto is not available, criteria for the determination of the duration of storage;
(5) The existence of a right to correction or deletion of your personal data, a right to limitation of data processing via the responsible entity, or a right to object to this processing;
(6) The right to file a complaint with a regulatory authority;
(7) Any available information regarding the origin of the data if that personal data is not collected from the data subject;
(8) The existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and meaningful information about the logic involved and the scope and intended effects such processing will have on the data subject in such instances.

You have the right to request information about whether your personal data is being transmitted to a third party country or to an international organization. In this context, you may request  information about the applicable guarantees according to Art. 46 GDPR in connection with the transmission.

2. Right to rectification
You have a right to correction and / or completion towards the responsible entity if your personal data that is being processed is incorrect or incomplete. The responsible entity must immediately make the corrections.

3. Right to restriction of processing
You may request the limitation of the processing of your personal data under the following conditions:
(1) If you dispute the accuracy of your personal data for a period of time that enables the responsible entity to verify the accuracy of your personal data;
(2) The processing is unlawful and you refuse to delete your personal data but request the limitation of use of your personal data instead;
(3) The responsible entity no longer needs access to your personal data for the purposes of processing, but in case you need them to assert, exercise or defend legal claims, or
(4) If you have filed an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the responsible entity outweigh your reasons.

If the processing of your personal data has been limited, apart from its storage this data may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest by the European Union or one of its member states. If the processing limitation has been restricted according to the above conditions, you will be informed by the responsible entity before this restriction is lifted.

4. Right to cancellation
a. Deletion obligation
You may demand that the responsible entity deletes your personal data immediately, and the responsible entity is also obliged to delete personal data immediately if one of the following reasons applies:
(1) The personal data in question is no longer needed for the purposes that it was collected or otherwise processed for.
(2) You revoke your consent to data processing in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR, and there is no other legal basis in place for processing.
(3) You object to the data processing according to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to processing according to Art. 21 para. 2 GDPR.
(4) The personal data in question has been processed unlawfully.
(5) The deletion of your personal data is necessary to fulfill a legal obligation under European Union law or the law of its member states that the responsible entity is obliged to
(6) Your personal data was collected in relation to services offered by the information company in accordance with Art. 8 (1) GDPR.

b. Information to third parties
If the responsible entity has made your personal data public and they are obliged to delete it in accordance with Art. 17 Paragraph 1 GDPR, they shall take reasonable and appropriate measures, in consideration of available technology and implementation costs, to make any responsible parties who are processing your personal data aware that you, as the data subject, have requested them to delete all links to this personal data as well as copies or replications of this personal data.

c. Exceptions
The right to deletion does not exist if processing is necessary
(1) To exercise the right to freedom of speech and information;
(2) To fulfill a legal obligation that requires processing under the law of the European Union or of its member states that the responsible entity is obliged to, or to perform a task that is in public interest or to exercise official regulations if such authority was transferred to the responsible entity;
(3) For reasons of the interests of public health in accordance with Art. 9 Para. 2 lit. h and I, as well as Art. 9 Para. 3 GDPR;
(4) For archiving purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 para. 1 GDPR, if the aforementioned right under section a) is likely to make the realization of the objectives of this processing impossible or seriously impair it, or
(5) To establish, exercise or defend legal claims.

5. Right to be informed
If you have asserted the right to correction, deletion or restriction of processing against the responsible entity, they are obliged to inform all recipients whom your personal data has been disclosed to of this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or involves an unreasonable effort. You have the right to be informed about these recipients by the responsible entity.

6. Right to data portability
You have the right to receive the personal data you provided the responsible entity with in a structured, current and machine-readable format. Further, you have the right to transfer this data to another responsible party without hindrance from the responsible entity that this personal data was supplied to, provided that
(1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR and
(2) the processing is carried out using automated methods.

Further to exercising this right, you also have the right to have your personal data transmitted directly from one person in charge to another person in charge, if this is technically feasible. This must not impair the freedoms and rights of other people. The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been transferred to the responsible entity.

7. Right to Object
You have the right to object to the processing of your personal data based on Art. 6 Para. 1 lit. e or f GDPR at any time for reasons that arise from your particular situation; this also applies to profiling based on these provisions. The responsible entity will no longer process your personal data unless they can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data is processed in order to operate direct mail marketing, you have the right to object to the processing of your personal data for the purpose of such advertising at any time; this also applies to profiling if it is connected to such direct advertising.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

You have the option of exercising your right to objection in connection with the use of information company services - regardless of Directive 2002/58 / EC - by means of automated methods that use technical specifications.

8. Right to revoke the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of revocation.

9. Automated decision in individual cases including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - which has legal effect on you or significantly affects you in a similar manner. This does not apply if the decision

(1) is necessary for the conclusion or carrying out of a contract between you and the responsible entity,
(2) is permissible on the basis of legal provisions of the European Union or its member states that the responsible entity is obliged to, and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests or
(3) takes place with your expressed consent.

However, these decisions must not be based on special categories of personal data according to Art. 9 Paragraph 1 GDPR, unless Art. 9 Paragraph 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests. With regard to instances mentioned in (1) and (3), the responsible entity shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at minimum the right to obtain intervention by a person on the part of the responsible entity, to express their own point of view and to contest the decision.

10. Right to complain to a supervisory authority
Without prejudice towards any other administrative or judicial remedy, you have the right to file a complaint with a supervisory authority, in particular within the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data is in violation of the GDPR. The supervisory authority that the complaint was filed with informs the complainant of the status and the results of the complaint, including the possibility of a judicial remedy according to Art. 78 GDPR.