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    Music and Media Sales is a division of jpc-Schallplatten-Versandhandelsgesellschaft mbH
    Lübecker Straße 9
    49124 Georgsmarienhütte


    Telefon
    05401 851-290 (Mo.–Fr., 9–16 Uhr)
    Telefax 05401 851-300

    E-Mail: mmv.service@jpc.de


    Managing director: Gerhard Georg Ortmann
    District court Osnabrück HRB 110327
    VAT ID number DE117578924

    V.i.S.d.P.: Gerhard Georg Ortmann

    Legal representative: Gerhard Georg Ortmann

    Data protection officer: datenschutz@jpc.de

    jpc-Schallplatten-Versandhandelsgesellschaft mbH, hereby explicitly reserves the right to use its copyrighted content for commercial text- and data-mining within the meaning of Section 44b of the German Copyright Act (Urheberrechtsgesetz) and has also included this reservation in machine-readable form in its digitized content. The same applies to the copyright-protected content of our suppliers, in particular Universal Music Group, Hilversum Netherlands (UMG), which has also expressed a reservation of permission to use UMG content in connection with artificial intelligence or machine intelligence technologies or services without a license from the respective rights holders and expressly prohibits such use.

    20240326-c70876fd581

    MMS General Business Terms and Conditions for Germany

    Your supplier and contractual partner,

    Music and Media Sales is a division of jpc-Schallplatten-Versandhandelsgesellschaft mbH

    Lübecker Str. 9

    49124 Georgsmarienhütte

    Managing director: Gerhard Georg Ortmann

    Commercial register: Osnabrück District Court HRB 110327

    Tax ID: DE117578924

    Phone: 05401 851-290 (Mo.–Fr., 9–16 Uhr)

    Fax: 05401 851-300

    Email: mmv.service@jpc.de

    Please use the above contact details if you have any questions, complaints or suggestions.

    1. Commercial mail order

      1.1.Information and offers published on www.musik-medien-vertrieb.de are solely intended for commercial purposes. Before we accept your first orders, we check your status (e.g. with the submission of a business card, a bookstore trade number or a verification of your freelance status from the tax office). Invoices are issued accordingly. We do not accept orders from consumers on this website.
      1.2.A right of withdrawal or return as in the case of distance contracts concluded with consumers pursuant to §§ 312 c and g of the German Civil Code is not granted to commercial purchasers.
    1. Validity of our terms and conditions of sale and delivery

      2.1.These terms and conditions apply to all contracts concluded with us for the products and services sold in the online shop www.musik-medien-vertrieb.de. These terms and conditions likewise apply to all associated future business relations with the customer, even if they are not expressly agreed upon in each individual case. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods. We expressly object to confirmations under reservation of the customer’s own terms and conditions of business or purchase.
    1. Storage options and viewing the contract

      3.1.You can view these terms and conditions of sale and delivery for commercial mail orders at any time on our website www.musik-medien-vertrieb.de. You can print or save this document using the standard options in your browser (usually File > Save as). You can also download this document in PDF format by clicking here. This requires the free program Adobe Reader (at www.adobe.de).
      3.2. You can save your order information by either downloading the T&Cs and saving the data summarised on the last page of the order process in our online shop using the standard browser saving options, or you can wait for the automatic order receipt confirmation which we will additionally send to the email address you have provided once your order has been received. This order receipt confirmation email also contains your order information along with these General Terms and Conditions and can be printed or saved in your email program.
      3.3. In addition to the general terms laid out herein, we will also save your order information. You can access this data in your customer account on our website and save it in your browser. If you need to change any details such as your address or payment method for open orders, you can also use the contact form to get in touch. The contact form uses encrypted connection (SSL) for your online security, along with everything else in your account.
    1. Contractual partner, contract conclusion, language

      4.1. Your contractual partner is the jpc-schallplatten Versandhandelsgesellschaft mbH. Orders may only be placed once you have registered with jpc and your account has been approved. Orders are only permitted electronically in a form that enables the contractual partner to carry out automated order processing.
      4.2. Contracts can currently be concluded in German and English in our online shop.
      4.3. Our quotes are non-binding until included in a contractual agreement. You are able to check and edit the data you have entered before placing your order. By placing your order, you are making a binding contractual declaration. Once you have placed your order, you will receive an order confirmation on the website and by email. The electronic order receipt confirmation does not yet constitute acceptance of the contract, but merely to inform the customer that their order has been received. The purchase agreement is concluded when we accept your order with a declaration of acceptance, deliver the goods or send a shipment notification.
    1. Prices, shipping costs

      5.1. Following requests from several customers, the price information for customers on our website is only available in encrypted form as end consumers often only view it in store, for example. The net purchase price for you can be found directly on the desired product. In addition, in the desired product detail view, we show you the European article number (EAN) and its itemised purchase conditions as follows: purchase prices, recommended retail price, net (VK-N) and gross (VK-B) price. In any case, the distributor shall remain obliged to comply with the Book Price Fixing Act.
      5.2. The prices valid at the time the order is placed shall apply, whereby binding changes may occur even after conclusion of the contract due to the fixed book price for corresponding products subject to a fixed price.

      The prices shown differ according to the view selected by the customer. The standard view contains our gross sales prices. All prices listed in the dealer view are net prices subject to VAT and shipping costs. Only the prices stated in the dealer version are relevant for orders.
      5.3. Shipping costs apply. Shipping costs are incurred a maximum of 1 x per open order, regardless of whether the order involves one delivery or several partial deliveries as part of one individual uniform order. Shipping costs are due for payment on the first (partial) delivery of an order.
      5.4. Please refer to the following table for shipping costs.
      Country
      Germany3,99
      Austria4,99
      Belgium3,99
      Bulgaria14,99
      Denmark5,99
      Estonia9,99
      Finland7,99
      France5,99
      Greece9,99
      Italy9,99
      Ireland9,99
      Croatia9,99
      Latvia9,99
      Lithuania11,99
      Luxembourg4,99
      Malta8,99
      The Netherlands4,99
      Poland5,99
      Portugal7,99
      Romania8,99
      Sweden7,99
      Slovenia9,99
      Slovak Republic9,99
      Spain7,99
      Czech Republic7,99
      Hungary7,99
      Cyprus9,99
      5.5. The values in the table are in euros plus applicable VAT.
    1. Delivery

      6.1. We only deliver within the territory of the European Union.
      6.2. We reserve the right to select the carrier at our reasonable discretion.
      6.3.We are entitled to withdraw from the contract in cases where our suppliers fail to deliver the required supplies, unless we can be held responsible for the corresponding issue.

      In this case, we will inform you immediately about the unavailability of the ordered goods and any payment already made will be refunded immediately, regardless of your selected payment method.
      6.4.The delivery time shall be extended to a reasonable extent in the event of strike measures and lockouts affecting the delivery as well as other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure events. We shall notify customers without undue delay when a corresponding obstacle arises and ends.
      6.5.If we are responsible for non-compliance with bindingly agreed delivery periods and deadlines or if we are in default, the customer's claim shall be limited to compensation for the delay in the amount of 0.50% for each full week of delay, with the total compensation being limited to 10% of the order value for the deliveries and services affected by the delay. Liability is limited to typical and foreseeable damages. Further claims are excluded in commercial transactions, unless the delay is due to intent or gross negligence on the part of us or our vicarious agents or legal representatives.
    1. Payment

      7.1. Orders are invoiced after delivery. Payment is to be made by bank transfer. For resellers established in an EU country outside Germany: Payments can only be made by credit card. Other payment methods require a separate agreement with our customer accounting department. If you opt to pay using SEPA Direct Debit, our invoice will specify the date on which your account will be debited. This pre-notification period will be reduced to 5 days. We do not deliver to other countries outside the EU. Checks and bills of exchange are not accepted as means of payment. The payment date is the day on which jpc can dispose of the instructed amount. Payments in foreign currencies will be credited according to the bank statement. Exchange rate differences, transfer fees and other costs of money transactions shall be borne by the payer.
      7.2. In the first year of a new business relationship, jpc may make delivery conditional upon the provision of security. Despite any terms of the customer to the contrary, jpc shall be entitled to offset payments first against the customer's older debts, then against the costs, then against the interest and finally against the main service. In the case of goods delivered subject to retention of title, in deviation from this, payments shall first be offset against the goods that have already been resold by the customer.
      7.3.If the terms of payment are not complied with or if it becomes apparent after conclusion of the contract that the customer has not fulfilled other payment obligations to third parties without any clear justification, jpc is entitled, in deviation from the agreed terms of payment, to demand advance payment or the provision of security in whole or in part for all claims due now or in the future. jpc shall furthermore be entitled to refuse performance until advance payment is made or security provided and to withdraw from the contract after a grade period granted for advance payment or the provision of security ends to no avail. If payment in installments has been agreed, the entire remaining unpaid amount shall become due for payment without further reminder if the customer is in default with a payment in whole or in part for more than 1 week. The same shall apply if an application is made to open insolvency proceedings against the customer's assets.
      7.4.The customer is only entitled to offset, withhold or reduce claims, even if complaints of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
      7.5.Any claims of the customer against jpc arising from the entire business relationship cannot be assigned to third parties.
    1. Transfer of risk

      8.1. The risk passes to the customer as soon as the shipment has been handed over to the person or institution carrying out the transport. If shipment is delayed at your request, the risk passes to the customer upon notification of readiness for shipment.
    1. Retention of title

      9.1. Pending the settlement of all claims (including all current account balances) owed now or in the future held by jpc against the customer on any legal grounds, jpc shall be provided with the following collateral, which it shall release upon request at its discretion, provided that the collateral value exceeds the claims by more than 10% on a lasting basis.
      9.2.The goods remain the property of jpc. The customer shall keep the property of jpc free of charge. Goods (co-)owned by jpc are referred to below as reserved goods.
      9.3.The customer is entitled to process and dispose of the reserved goods in the ordinary course of business provided they are not in default. Pledges or security assignments are not permitted. The customer hereby assigns to jpc all claims arising from the resale or any other legal grounds (insurance, tort) in respect of the reserved goods (including all balance claims from current accounts) in full for the sake of security. jpc authorizes grants the customer the revocable right to collect the claims assigned to jpc for its account in its own name. This authorization can only be revoked if the customer fails to meet their payment obligations.
      9.4.If third parties access the reserved goods, the customer must inform the third party that the goods belong to jpc and inform jpc without undue delay. Costs and damages are to be borne by the customer.
      9.5.In the event of a breach of contract by the customer - in particular late payment - jpc is entitled to withdraw from the contract and demand the return of the reserved goods.
    1. Warranty

      10.1. As we only deliver to commercial enterprises, our warranty period is limited to a period of one year from delivery. The period begins with the delivery of the goods. Mandatory statutory provisions that entail a longer warranty period shall remain unaffected by the above.
      10.2.As a commercial entity, you must notify us in writing of any evident defects without delay, at the latest within a period of 14 days from receipt of the goods. Upon the discovery of non-evident defects, a complaint must be submitted without delay, at the latest within 14 days from the discovery of the defect. Timely submission of the notification is sufficient to uphold the rights of the customer. Otherwise, the goods shall also be deemed to have been approved in view of the respective defect. Timely submission is sufficient to meet the deadline. Paragraph 377 of the German Commercial Code applies to merchants.
      10.3.The aforementioned shortening of the warranty period (point 10.1.) and the warranty exclusion (point 10.2.) expressly do not apply to claims for damages based on a material defect from injury to life, body or health as well as claims for damages based on a deliberate or grossly negligent breach of duty by us or our vicarious agents. For these claims, the unlimited statutory warranty with a period of 2 years applies. In addition, any guarantee from the respective manufacturers remain unaffected by the shortened warranty. In addition, the provisions of §§ 445a and 445b of the German Civil Code on the merchant's recourse against its own supplier in the sale of newly manufactured goods to a consumer remain unaffected.
      10.4.During the warranty period, in the event of defects that are subject to the statutory warranty, we shall be obliged to provide subsequent performance free of charge, i.e. to remedy the defect or to provide a replacement delivery, at our discretion. If we are neither willing nor able to remedy the defect or make a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails in any other way, you are entitled, at your option, to demand a corresponding discount in the purchase price or to withdraw from the contract. If the legal requirements are met, claims for damages may also exist, whereby the limitation of liability in section 11 must be observed in this respect. Furthermore, withdrawal from the contract and compensation in lieu of performance are not permitted if the defect only insignificantly reduces the value or the suitability of the purchased item or piece.
      10.5.We do not assume any warranty for defects and damage resulting from unsuitable and improper use, non-observance of the corresponding instructions for use or incorrect handling, unless the customer can prove that these circumstances are not the cause of the defect subject to complaint.
      10.6.Please contact our customer service department using the following information for any service queries:


                                      jpc-Schallplatten-Versandhandelsgesellschaft mbH
                                      Lübecker Straße 9
                                      49124 Georgsmarienhütte
                                      Phone:+49 5401 851-290 (Mo.–Fr., 9 a.m.–4 p.m.)
                                      Fax: 05401 851-300
      Email:
                                  

    1. Liability

      11.1. In addition to warranty claims, we shall only be liable for claims for damages - in particular due to tort, organisational culpability, fault in conclusion of a contract or any other culpability-dependent claims from breaches of duty - insofar as we or our vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of essential contractual duties (i.e. duties the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely) or claims under §§ 1, 4 of the Product Liability Act. The above exclusion of liability for cases of ordinary negligence does not apply to damages resulting from injury to life, body or health; and in the case of the assumption of a quality guarantee or the fraudulent concealment of a defect within the meaning of § 444 of the German Civil Code. In these cases we are also liable for ordinary negligence. Insofar as our liability is regulated above, this also applies to our employees, employees, representatives and vicarious agents.
    1. Jurisdiction, severability clause, governing law

      12.1. In business dealings with merchants and legal persons under public law, our place of jurisdiction for all legal disputes arising from the contract, including legal action concerning bills of exchange and checks, is our registered place of business; in such cases, we shall also be entitled to sue at the customer's place of business. Any exclusive place of jurisdiction shall remain unaffected by the above provisions.
      12.2. In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to apply.
      12.3.The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships concluded with us. The UN Convention on the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their incorporation into German law, do not apply.

    20240326-c70876fd581

    Version September 2023

    Data protection at MMV

    Data protection is a matter of trust and trust is something that we value. Needless to say, the processing of data by jpc-Schallplatten-Versandhandelsgesellschaft mbH, represented by its Managing Director, Gerhard Georg Ortmann (hereinafter also referred to as »we« or »us«) as the controller within the meaning of Art. 4 (7) GDPR, is based on the applicable statutory regulations.

    Your information

    These data protection notices inform visitors and customers concluding contracts on our website about how data are collected, processed and used during their website visit, when registering, and when concluding contracts, as well as about their right to object, to withdraw their consent and other rights which you have as the data subject affected by the collection and use of data.

    The linked headings listed below have been created to help you access the information you are looking for.

    I. What do we do with your personal data?

    1. What are personal data?

      Personal data are all information concerning an identified or identifiable natural person (hereinafter referred to as the »data subject«). Identifiability does not necessarily involve the indication of a name. It is also sufficient to indirectly identify a person, e.g. through association with an identification number, location data, an online identifier or one or more specific features. It is therefore all about your identity. This information includes not only your name but also your phone number, address, as well as other data that you provide to us.

      A lot of the legal principles applied when we process your data can be found in the EU General Data Protection Regulation (GDPR). The full text, along with the relevant recitals, can be found e.g. here. In the notices that follow, we will refer you to the relevant provisions that form the legal basis for our processing of data.

    2. . Use of data when managing contracts

      Whenever you raise an inquiry or conclude a contract with us, we require and process certain data, such as details of the envisaged or actual order, your postal address, e-mail address and payment processing data for the purpose of running a pre-contract check, for managing contracts and, where applicable, handling guarantee and warranty issues (see point (b) of Art. 6(1) GDPR). As part of the ordering and payment processes, the service providers engaged by us (e.g. logistics companies, payment facilitators) receive data about you and/or the order as needed. We also conduct credit checks (see also Point IV). Unless we have the appropriate, relevant details, we will not be able to accept an order or your requested payment options.

      We are also obliged, under commercial and tax law, to archive data from concluded business transactions for as long as the statutory retention periods prescribe. The legal basis for the corresponding use of data is point (c) of Art. 6(1) GDPR.

      Processing within the business organisation

      Within the bounds of our business organisation. we process your data in our IT systems and - to the extent necessary - transfer data relating to customers, potential customers, suppliers and personnel to government agencies in compliance with the statutory regulations, such as fiscal authorities and consultants/advisors (tax consultants, lawyers, chartered accountants) in keeping with our interest in lawful and commercial corporate governance.

      Legal basis: points (c) and (f) of Art. 6(1) GDPR

      In this connection, we analyse data on every corporate and business process for the purpose of corporate management and market research. Unless the specific purpose requires us to do so, the data evaluated will largely be anonymised or at least pseudonymised and, at most, disclosed to third parties in summarised form and unidentifiable with individual persons. Legal basis: points (c) and (f) of Art. 6(1) GDPR.

      Outsourced IT and hosting

      We deploy IT, software and hosting services from service providers in providing services and meeting your needs and requests as well as our contractual obligations based on our interest in achieving efficient and secure corporate and contractual management. In doing so, your data on your interests, concerns, orders and visits and/or perception of the services we offer will be processed, including with the help of the aforementioned service providers.

      To the extent permissible by law and, at every event, safeguarded by regulations governing professional confidentiality, we have - in cases involving order processing, concluded contracts to secure our access and the secure as well as confidential handling of your data.

      Legal basis: point (f) of Art. 6(1) GDPR and, where applicable, in connection with Art. 28 GDPR (conclusion of contracts with processors).

      Cooperation services

      There may be instances where you can take advantage of benefits and perks, which we may, occasionally or for certain periods of time, be able to provide through collaborations with certain cooperation partners. Please note that it is only possible to grant such benefits if you identify yourself as required as a way of proving that you are a customer entitled to receive such benefits (e.g. card number/membership number). Should you wish to take advantage of such benefits and provide the corresponding details as a means of identifying yourself, we will forward your address and such data pertaining to your purchase to the cooperation partner that are required to allow you to enjoy the benefits offered by the cooperation partner in question. As a rule, this relates to the turnover you have generated under your identification number and the identification itself. The cooperation partner will again store and use these data in compliance with the terms and conditions concluded with you.

    3. Data storage, login, registration

      Your specific order data will be stored by us. You can register with us (e-mail address and password). On registering, you will, among other things, be given access to data stored by us concerning you personally as well as your orders, and can manage eCourier, to the extent that you procure this, as well as any forms of consent you have provided.

      Should you have provided consent in individual cases, we will also link your user data to your customer access in order to furnish you with content of personal interest to you when you visit our website.

      Should you wish to wish to cancel your access, please contact us using one of the contact options listed below.

      Please note that, after cancellation, your data will still be stored by us for the specified purposes (e.g. order handling, but also for advertising information).

      For information on your right to object to advertising, cf. I. Point 6.

    4. Contact

      Should you use our contact options (e.g. e-mail or the contact form) to contact us, we will store your name and contact details as well as the reason for contacting us. These data are used to process the matter in question and to communicate with you. We will use your e-mail address to respond to you by e-mail (legal basis: points (a) and (b) of Art. 6(1) GDPR). If you have questions relating to specific orders or if we are asked to do something for you personally, we will require your correct name. For all other queries, you may also use a pseudonym. Once your matter has been fully addressed and provided that there are no other obligations to retain the data in question, your data will be erased.

    5. Use of data for advertising and market research

      It is in our interest to maintain customer relations with you, acquire new customers, reactivate former customers and provide our customers with information and offers. To exercise these legitimate interests, we process your data on the basis of point (f) of Art. 6(1) GDPR (including with the assistance of service providers) in order to send you information and offers as well as to improve our information and offers.

      Where our advertising measures are concerned, our interest lies in protecting you to the best extent possible from receiving advertising that is unsolicited or of no interest to you personally. In taking your interests into consideration, we only include data in our selection of information which you know that we are aware of. This may include, e.g. previous orders. Wherever this is technically and commercially meaningful for pursuing the purposes, we will, in safeguarding your interests, isolate the corresponding data from your personal identity, pseudonymise them and, before conducting any evaluations, form groups (clusters) into which individual information is merged.

      For information on your rights to object and withdraw consent concerning the uses of data listed below for advertising purposes, see I. Point 6.

      Postal advertising

      We use your first and last name, postal address and – to the extent that we have received further details from you – your title, academic qualifications and your job title, industry or business descriptions to send you offers and information concerning our enterprise, products and services by post, in the shape of e.g. our »jpc-courier«, a new edition of which is published every month, provided that, based on an evaluation of the data stated at the beginning of this paragraph, we anticipate that this information is of interest to you.

      E-mail advertising for similar offers from our company

      Should we receive your e-mail address in connection with the sale of merchandise, we will use your e-mail address to advertise similar products from our company. You can, at any time, object to this being used for advertising purposes without incurring any other data costs than those stated in the basic rates of your provider. For commercial customers, we will also use the phone number given on the assumption that consent has been provided for advertising.

      We will only carry out the following uses after we have asked for your consent in addition to this declaration. Our company applies Point (a) of Art. 6(1) GDPR as the legal basis for processing procedures through which we obtain your consent for a specific processing purpose.

      (Acceptance of these notices does not constitute your consent to our using your data for advertising purposes!)

      E-mail advertising with specific consent

      If you have specifically subscribed to our newsletter, your e-mail address and, where applicable, other personal data, which you have voluntarily submitted when registering (e.g. your name to enable us to address you personally), will be used for advertising purposes and, where applicable, offers in the newsletter that come from our advertising partners.

      Use of data for newsletters and other e-mail advertising

      If you use our newsletter, e.g. »eCourier«, or other e-mail advertising, we will run statistical evaluations without relating these to a specific person as to when such an e-mail is retrieved and, where applicable, what information that is offered attracts interest and to what extent (e.g. by virtue of the links that you click on). The purpose of such evaluations is to improve the times of dispatch and to optimise our offers and advertising information (legal basis: point (f) of Art. 6(1) GDPR).

      If you have given us your specific consent to do so, we will use the aforementioned personal data to provide you with customised information that could be of interest to you and thus to further personalise our advertising. Please also see the information provided by us further below. (Legal basis: point (a) of Art. 6(1) GDPR).

      Use of your order data for personalised marketing

      If you have given use your specific consent to do so, jpc will send information and offers by e-mail which have been especially tailored to your interests and wishes. Studies have shown us that information that has been especially tailored to your wishes and interests meets with greater interest among Internet users than information that has no such personalisation. The sole purpose of doing so is to adapt our offers to customer needs and wishes as far as possible. To do so, we use data which we have collected and evaluated from your visits to our offers, your voluntarily provided information on your interests, your requests for information and your orders to provide you with the desired information and interesting offers.

      By going to Manage eCourier under »My account« at jpc.de and »My jpc« on the jpc app, you can manage and amend your information interests yourself and, if so desired, view what consent you have given us (legal basis: point (a) of Art. 6(1) GDPR).

      Unless you give us your specific consent, the data, after being anonymised to avoid the data being associated with you personally, will only be used for statistical purposes so that, as part of our market research and advertising, we can improve our information and offers as well as their presentation.

      Use of your data when you visit our web pages

      If data are collected by us personally or through third parties using web analytics tools and we use web advertising tools, we will inform you in detail of such procedures in II. Collection of data when visiting our web pages. There, you will also find information on how to exercise your right to object and what technical means are available to you to prevent the collection of data.

    6. Right to withdraw consent and to object in respect of advertising

      You can, of course, object to or withdraw your consent, at any time, for us to use your data for advertising purposes (see Point 5) – including to the extent that such use is lawful without your consent – simply by notifying us accordingly. Your objection or withdrawal of consent will end our use of such data with future effect. Any uses of the data prior to you exercising your right will remain unaffected. It goes without saying that you will not incur any additional costs should you choose to object or withdraw your consent. (You will especially not be charged additional costs if you notify us by e-mail except for any charges levied by your provider in accordance with their basic rates). Simply send your objection or withdrawal of consent to one of the contact options shown at the end of these notices.

      In our advertising e-mails and the newsletter, you will find a notice containing an address or link for you to easily unsubscribe from the information in question.

      Please bear in mind that, in individual cases, you may still receive advertising despite having objected or withdrawn your consent. Even when making every reasonable effort or taking other comparable steps, we cannot guarantee each time that subscribed advertising will stop before the next issue is sent.

      Your options to object also extend to profiling (for a definition of this term, see II. Point 2) and to the use of data collected when gathering information during your visit to our website for the purpose of providing direct advertising. The technical means available for you to exercise your right to object and prevent the collection of data are explained in detail in the information provided about the web tools used that can be found in II. Point 3 »Details on web analytics and web advertising«. Should you exercise your right to object, we will cease processing the collected data for the above purposes.

      Other details on your rights can also be found in V. What are my rights

    7. . Erasure and blocking

      Your personal data will be stored until the specified purposes have been accomplished or for as long as we have a legitimate interest in the data being stored.

      Following this, the data will be erased unless an agreement is reached with you to the contrary or obligations exist under law to retain the data (e.g. under commercial or tax laws). Should the data need to be retained by law, they will be made unavailable for any other purposes. These documents will, upon expiration of the statutory retention periods, be erased and destroyed in compliance with the data protection regulations in the course of routinely conducted activities.

      If you have consented to your data being collected, processed and used, we will erase your data upon receipt of your objection or upon the purpose for which you have granted your consent ceasing to exist. Following this, your consent and the processed data will be archived until the statutory period lapses (usually three years) in which legal claims may need to be defended (legal basis: point (e) of Art. 17(3) GDPR).

      Should you no longer wish to receive advertising, we will use your name, address and, if available, your e-mail address to make your data unavailable in the corresponding lists which we use to coordinate our advertising activities so that you no longer receive advertising from us. Erasure within the definition intended here initially means making your data unavailable in our system in particular for advertising or for marketing activities. The data will – to the extent required – continue to be processed for purposes other than advertising, for example to process contracts and, where applicable, for warranties as well as for documentation required under commercial and tax law.

    8. Product reviews

      We offer our users the opportunity to leave their personal comments on our products or on comments left by other users. If this feature is used, we will save the data at the time they are entered and post these together with the username that might have been selected (which may also be a pseudonym) as well as the comments and the date on which they are left.

      We will also collect the IP address to enable associations to be made to the individual leaving the comments in the event that our systems are compromised or third-party rights are infringed. The data in question will be forwarded – in keeping with our obligations under law – to government agencies or – by order of the court – to individuals who may perceive that their rights have been infringed. The data will be collected for 7 days at the most. We will retain an encrypted and non-traceable version of the IP address for no more than 30 days to enable us to guard against any abuse of the review feature.

      By accepting the terms of use, you are giving your consent to the data being used (legal basis: points (a) and (b) of Art. 6(1) GDPR).

    II. Are data collected when I visit your website?

    1. Collection and use of data when visiting our web pages / Cookies

      You can visit our website without providing any details about yourself. However, when you visit our websites, even, for example, if this occurs via a link in a newsletter or an advertisement, certain data will be collected and stored in so-called log files. The data that are collected – including when you visit our websites via online links in a newsletter or advertisements – solely refer to your access of the site and have no direct association to a specific person. Such data includes

      • the website from which you visited us
      • the page that is viewed and/or the name of the requested file
      • your browser type and version
      • the date and time of access
      • the operating system on which the browser is running
      • the name of your Internet service provider
      • the Internet address of the person accessing the site (IP address)
      • products and content in which the visitor shows an interest, and the extent of such interest, e.g. length of time, frequency, or interaction with forms, navigation elements or links

      No association with you personally can be made on the basis of such data, nor is such an association performed or intended without your specific consent. In those areas where we can read the date, which could theoretically lead us to establish an association with you, such as the IP address, we have ensured through corresponding truncations that any association with you is impeded.

      Should we incorporate third-party content on our web pages (e.g. embedded video clips or other information), only your IP address is provided to such third parties as it will otherwise not be possible to deliver the content to your browser. Any IP addresses that are collected are erased no later than 7 days afterwards.

      Cookies

      We use so-called cookies on our website. Cookies are small files that are stored on your end device and save certain settings and data to enable interaction between our system and/or service provider systems via and browser. The storage of cookies helps us to design the website accordingly and makes it easier for you to use as certain details that you enter are stored so that you do not need to constantly repeat them. To this end, cookies typically incorporate identifiers. These enable users and/or browsers (the software used to depict Internet content) to be identified and differentiated from other users and browsers and are detected again each time you visit our website.

      Many cookies are deleted again from your hard drive automatically at the end of a browser session (hence the name session cookies). There are other cookies, however, that remain permanently stored on your device. For reasons of convenience, their expiration date is set for a point of time in the future. The next time you visit our website, these automatically detect that you have previously visited our site and what your preferred input and settings are (so-called long-term cookies). Some of these cookies are designed to display specific information of interest to you on our website or that of our partners.

      (Approval-free cookies)

      Cookies that ensure the use of features without which you could not use this website as intended are only used by us and their content is not made accessible to third parties. We use such strictly necessary cookies on the basis of point (b) of Art. 6(1) GDPR.

      (Other Cookies)

      In terms of cookies for which the legislator has determined that they may not be placed without your consent, a corresponding notice is provided when you visit our website, which will also refer to these privacy notices.

      We use third-party offers, e.g. to incorporate video clips or other content, to provide you with interesting content. These third parties may also place cookies. Third-party cookies are placed by partners who are interested in informing you about things they offer which they anticipate will be of interest to you.

      You can find out more about the use of such cookies by visiting the third-party website in question. Should you choose to block cookies, you may not be able to enjoy the full content and features on the website. To enable unrestricted use, you will be required to grant your consent once again and remove the blocked settings.

      - Your technical options for objecting

      Regardless of the length of time for which the cookies are set, you have the option of deleting them manually in your browser. By default, some browsers are set to always allow cookies. You can allow or block temporary and saved cookies independently of each other by going to your browser’s security settings. Apart from using the browser setting to generally disable the automatic placement of cookies, you can also disable cookies by setting your browser so that cookies from individual domains, e.g. »googleadservices.com« are blocked. This setting will then prevent the corresponding services requiring the placement of cookies on the domain from running.

      Some web services work with opt-out cookies. Based on the cookies that you want to place (hereinafter referred to as the »blocking cookie«), a web analytics service, for example, detects that you do not want any data to be collected. The options for placing a blocking cookie are explained further below in reference to our web services. If you are using the delete all cookies option in your browser, please remember that you may then need to carry out the corresponding settings once again and/or place a new blocking cookie.

      You are not required to accept cookies when you visit our website. However, if you do not accept or if you disable the use of cookies, you may find that some of our online features (e.g. services and information) are not available and that some pages may not be displayed correctly.

      Should you intend to conclude a contract with us, you will need to accept certain cookies. If you do not wish to do so, it will not be possible to enter into an agreement with you.

      Further information about the use of cookies can be found on the website of the Bundesverband Digitale Wirtschaft (BVDW) e.V.: http://www.meine-cookies.org

      Should you want to prevent the use of cookies, you can exercise your rights using the technical options that we explain in II. Point 1. »Your technical options for objecting« or alternatively read our notices in II. Point 3 concerning specific cookies.

    2. Profiling user profiles

      The legal term for creating automated data pools on an individual is profiling. Under Art. 4(4) GDPR, 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.

      We create anonymised user profiles – i.e. user profiles without personal identifiers – of a statistical nature to enable us, through an evaluation of the statistics, to draw conclusions as to the levels of interest in our content and offers and to tailor the corresponding information and offers to user interests. We also use the information to improve data security, to ward off attacks on our systems and, where applicable, to assist law enforcement authorities in the event of attacks on our systems or other criminal acts.

      To analyse user behaviour, we run corresponding web analytics tools. Further information on this can be found below under »Details on web analytics and web advertising«.

      You have the right to object to the profiling of personal data as well as to profile data being additionally used for advertising purposes and to withdraw any consent that you may already have given (see I. Point 6). Technical means are available to you should you wish to exercise your right to object to any profiling through web analytics and advertising measures – to the extent that these work with personal data. These are explained in II. Point 3 below.

    3. Details on web analytics and advertising

      Web analytics tools

      (Google Analytics)

      This website uses Google Analytics for web analytics. This is a service that provided by Google Ireland Limited (»Google«), an Irish registered and operated company (registration number: 368047) with registered office at Gordon House, Barrow Street, Dublin 4, Ireland (»Google«). Google Analytics uses »cookies«. The information generated by the cookie about your use of our website (including your IP address) is transmitted to and stored on Google’s servers. It cannot be excluded that, in doing so, data are processed outside the scope of application of EU law. Google has signed up to the Privacy Shield through which Google guarantees that it complies with certain data protection standards. https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

      For your protection, we have applied settings through which Google will truncate the last portion of IP addresses of visitors to our website, that indicate they are IP addresses from the EU or from parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. We have also concluded a processor agreement with Google.

      Using an identifier in a cookie or, for example, when you log in to Google services, the above-mentioned data can be collected and used across all devices. This means that it is possible to record that you began your visit to our website on a PC and then switched to a mobile device, and it is also possible to link the data on both devices.

      Google will use this information to evaluate, on our behalf, your use of our website so as to compile web activity reports for us, to create target groups sharing the same or similar interests, and to provide further services to us in connection with website use and Internet use. Google may also transfer this information to third parties provided that this is prescribed by law or in the event that third parties process these data on behalf of Google.

      The deletion of analytics data is set to 26 months. This time is based on our interest in being able to make time comparisons with statistical data.

      You may refuse the use of cookies by selecting the appropriate settings on your browser, or by not ticking the appropriate boxes; however, please note that if you do this you may not be able to use the full functionality of this website and the services we request.

      - Use of demographic features with Google Analytics

      GGoogle provides a »Demographics« function. This enables reports to be compiled on the age, gender and interests of those visiting the website.

      Google acquires these data through interest-based advertising and using visitor data from third-party providers. The data are never associated with specific people and are anonymised.

      - Your technical options for objecting

      If you do not want information about your website visit to be transmitted to Google Analytics, you do not need to check the box. You also have the option to install a "opt-out add-on" for your browser. You can download the add-on here.

      If you do not want to receive interest-based advertising, you can disable the use of cookies by Google for such purposes by going to https://myaccount.google.com/intro. You can also disable the use of cookies by Google by downloading and installing the plug-in available at https://support.google.com/ads/answer/7395996.

      Alternatively, or within browsers on mobile devices, you can use the link below to refuse the use of Google Analytics. On activating the link, an opt-out cookie is placed that will prevent Google Analytics recording any data on this website in future. Please note that this opt-out cookie only works on this browser and only for this domain. As soon as you delete your cookies on this browser, you will need to click on the link once again: Google Analytics opt-out..

      In our app, you can disable anonymous tracking – also via Google Analytics – by turning off »Tracking« in »My jpc« -> »Settings«.

      (Google remarketing service)

      Along with Google Analytics, we also use remarketing technology provided by Google Ireland Limited (»Google«), an Irish registered and operated company (registration number: 368047) with registered office at Gordon House, Barrow Street, Dublin 4, Ireland (»Google«). Remarketing enables users to be divided into various segments. How they are segmented depends on what activities the respective users undertake on our website. Through this technology, users that have previously visited our website or online services and shown an interest in what we offer are again presented with targeted advertising on the pages of the Google Display Network.

      The advertising is inserted through the use of cookies. Using the recorded information, user behaviour on the website can be analysed and then used for targeted product recommendations and interest-based advertising. If, using Google AdWords, we have placed advertisements on third-party websites and third parties have correspondingly placed advertisements on our website, we, along with such third parties, are an integral part of the Google (AdWords) Display Network and link Analytics and AdWords.

      The creation and management of interests profiles are done within Google Analytics in the shape of lists. We furthermore use Google AdWords to manage the setting that determines which campaigns should be delivered to which interests profiles (lists). Further information on remarketing can be found on Google’s websites at https://support.google.com/analytics/answer/2611268.

      If IP addresses are used, these will be truncated to prevent any form of association with you (see Google Analytics).

      - Your technical options for objecting

      If you want to cease using this service for our products temporarily or in general, you have the possibility to opt out. Google’s privacy policy for advertising along with other notices can be viewed here. You can, alternatively, disable the use of such cookies by a large number of third-party providers by going to the Opt-out page of the Network Advertising Initiative and performing the corresponding settings.

      You can also disable the use of cookies by Google by downloading and installing the plug-in available at: https://support.google.com/ads/answer/7395996.

      (DoubleClick)

      DoubleClick is a tool offered by Google Ireland Limited (»Google«), an Irish registered and operated company (registration number: 368047) with registered office at Gordon House, Barrow Street, Dublin 4, Ireland (»Google«). DoubleClick uses cookies to present you with advertisements of relevance to you. Your browser is given a pseudonym identification number (ID). This ID checks what advertisements have already been displayed on your browser and which advertisements have been visited through your browser. The cookies do not contain any information about you. Using DoubleClick cookies enables Google and its partner websites only to display advertisements that are presumed to match the interests shown during visits to our website or other websites. The information generated in the cookies is transmitted to Google in the USA for evaluation and stored there. Google only transfers data to third parties within the bounds of the statutory regulations or as part of the terms of an agreement with a processor. Under no circumstances will Google pool your data with other data collected by Google.

      - Your technical options for objection

      In addition to the general options of preventing the placement of cookies, the Google Data Protection Center offers you the possibility to undertake certain measures. Once you have logged in to Google, click on Advertising and Data Protection to reveal further settings. There, you can disable the placement of cookies and thus the »Placement of the most useful and relevant online ads«.

      To change your advertising settings with Google and thus block advertisements, go to: https://adssettings.google.com/anonymous?hl=de

      (Bing Ads)

      This website uses Bing Ads, a program provided by Microsoft Corporation, One Microsoft Way Redmond, WA 98052-6399, USA (»Microsoft«) to deliver advertising and so-called conversion tracking. Through this program, Microsoft and we can see that someone has reacted to an advertisement on Bing or Yahoo by clicking on a link, has been directed to our website and landed on a pre-determined target page (the conversion page). At the same time, we can, above all, establish the total number of users that have reacted to an advertisement and then been directed to the conversion page. No personal data concerning the identity of the user is registered.

      To this end, a cookie is placed on the user’s computer. The information contained there is transmitted to Microsoft servers in the USA, stored for no more than 180 days and then erased.

      - Your technical options for objecting

      You have the possibility to prevent the collecting and processing of data on your use of the website that are generated by the cookie by disabling the placement of cookies. You may, however, not be able to use the full functionality of the website.

      If you do not want Bing Ads to be used, you can prevent the collecting and processing of data on your use of the website that are generated by the cookie by, for example, setting your browser to refuse the use of cookies. You also have the option of opting out from receiving interest-based advertising through Microsoft by going to the following link: https://go.microsoft.com/fwlink/?LinkID=286759.

      You have the further option of going to the site shown below to completely refuse the receipt of interest-based advertising through Microsoft as well as other participating companies: http://www.youronlinechoices.com/de/.

      Further information on the guidelines for use and data protection for this product can be found here: https://privacy.microsoft.com/de-DE/privacystatement/.

    4. Social Media

      (Twitter)

      Data privacy statement for the Twitter account @jpc_en of jpc-Schallplatten-Versandhandelsgesellschaft mbH

      The account is managed by jpc-Schallplatten-Versandhandelsgesellschaft mbH (hereafter "we"). The operation takes place as a general information medium, especially on topics related to music and film. We use Twitter's technical information service and services for Twitter's Short Message Service, 1355 Market Street, Suite 900, San Francisco, CA 94103 USA The person responsible for data processing from outside the United States is the Twitter International Company , One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland ('Twitter').

      I. Data processing by Twitter

      The detailed privacy policy of Twitter, in which you are informed about the data processing and the rights you have to Twitter, can be found at the following link: https://twitter.com/en/privacy

      Twitter claims to abide by the principles of the EU-US Privcy-Shield and the Switzerland-US Privacy Shield regarding the collection, use, transfer and storage of personal data from the European Union and Switzerland, as in the EU US Privacy Shield certification and the Swiss-US Privacy Shield certification from Twitter. More information can be found here: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO

      We have no control over the nature, extent and purpose of the data processing performed by Twitter. We also have no influence on the use or disclosure of personal data by Twitter. There are no effective control options here either.

      By using Twitter, your personal information is collected, transmitted, stored, disclosed and used by Twitterand transferred and stored in the United States of America (USA), Ireland and any other country in which Twitterdoes business used. Which data are specifically affected, you will find in the privacy policy of Twitter.

      II. Data processed by us via Twitter

      Processing is done by us as part of the Twitter account when you respond to our tweets (for example, through a like or retweet or a response to a tweet). In such a case, we will be informed by Twitter about the action taken including naming the account name. This data can be used by us to write a reply. We process personal data about the account operated by us from Twitter in the following cases. If you wish in a message that we should contact you outside the Twitter account by other means and provide us with the appropriate contact information (eg address, telephone number or e-mail address), we transfer this data into our corporate systems, so we can contact you as part of our work.

      The storage of your personal data takes place until the specified purposes are achieved or as long as we have a legitimate interest in the storage.

      Thereafter, a deletion takes place, as far as no other agreements have been made with them or legal archiving obligations (for example, due to commercial or tax law) exist. In the case of a legally required archiving, the data is blocked for other access. These documents are deleted after the expiry of the statutory retention periods as part of regular actions in accordance with data protection and destroyed.

      III. Your rights

      As a data subject, you may legally enforce certain rights.

      1. Right to confirmation and information

      According to Art. 15 GDPR, you have the right to ask for confirmation of the processing of your personal data. In the event that we process such data, you have a right to free information about your stored data. The information includes information about

      a) the processing purposes;

      b) the categories of personal data being processed;

      c) the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations;

      d) if possible, the planned duration for which the personal data are stored or, if this is not possible, the criteria for determining that duration;

      e) the existence of a right to rectification or erasure of the personal data relating to him or to a restriction of processing by the controller or a right to object to such processing;

      f) the existence of a right of appeal to a supervisory authority;

      g) if the personal data are not collected from the data subject: all available information on the source of the data;

      h) the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.

      Furthermore, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject is otherwise entitled to receive information about the appropriate guarantees in connection with the transfer.

      According to Article 15 of the GDPR, the data subject does not have the right to provide information to the extent that information is disclosed which must be kept secret by law or by its nature, in particular because of the predominant legitimate interests of a third party. If you have any questions about the collection, processing or use of your personal data, information or other assertion of your rights, please contact us using the contact details below.

      2. Right to rectification

      You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The person in charge must make the correction without delay.

      3. Right of objection

      You have the right at any time against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or lit. f DSGVO takes an objection; this also applies to profiling based on these provisions. In the case of an objection to data processing for direct mail (Article 21 (2) GDPR), this processing will be terminated as soon as possible after receipt of the opposition (for further details also see Section 2).

      A protest against other processing (Article 21 (2) GDPR) on the basis of Article 6 (1) lit. e or lit. f DSGVO can only be carried out for reasons that arise from your particular situation, whereby compelling overriding reasons worthy of protection can justify our further processing.

      Agreed consent can be revoked. (For contact details see I.) You will not incur any special costs (except delivery costs according to the basic rates of your provider).

      Opposition and revocation of consent work for the future. The legality of data processing in the past remains unaffected.

      4. Right to cancellation (right to be forgotten)

      a) Prerequisites for deletion

      You have the right to request the deletion of your personal data. Please note that a right to immediate removal (Art. 17 GDPR) ("Right to be forgotten") only exists if one of the following reasons applies:

      The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

      They revoke their consent, to which the processing pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.

      In accordance with Article 21 (1) of the GDPR, you object to the processing and there are no legitimate reasons for the processing, or you object to processing for direct marketing purposes pursuant to Art. 21 (2) GDPR.

      Your personal data has been processed unlawfully.

      The deletion of personal data is necessary to fulfill a legal obligation under Union or national law, to which the controller is subject.

      The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

      b) Wider right to be forgotten

      If we have made the personal data concerning you public and if we are required to delete this data pursuant to Art. 17 (1) GDPR, we shall take appropriate measures, including technical means, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data, that you as the affected person have requested the deletion of all links to these personal data or copies or replications of these personal data.

      c) Exceptions to the deletion

      In addition to the above requirements, please note that the following exceptions may justify a refusal of your request to cancel:

      The right to erasure does not exist if the processing is necessary

      a) to exercise the right to freedom of expression and information;

      b) to fulfill a legal obligation which requires processing under the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority delegated to the controller;

      c) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

      d) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, in so far as the right of cancellation is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

      e) to assert, exercise or defend legal claims.

      5. Right to restriction of processing

      Your right to restriction of the processing is yours, if you deny the accuracy of the personal data for a period that allows us to verify the accuracy of personal data or if you reject the deletion in case of unlawful processing and instead restrict the use of personal request data. You also have the right, when we no longer need the data, to require such personal information to assert, exercise or defend your rights. Finally, you can assert this right if you object to the processing in accordance with. Art. 21 para. 1 DSGVO and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.

      If processing has been restricted, such data may only be processed with your consent or to assert, exercise or defend legal claims or protect the rights of another natural or legal person or for reasons of significant public interest of the Union or of a Member State. The possibility of continuous storage remains unaffected. If the limitation of the processing according to the o.g. conditions are restricted, you will be informed by us before the restriction is lifted.

      6. Right to data portability

      You also have a right to data portability of the information you provide to us, processed on the basis of effective consent, or required to be processed to enter into or perform an effective agreement, in a "structured, common and machine-readable format. You also have the right to request direct transmission to another party, as far as technically feasible.

      The right exists only insofar as the rights and freedoms of other persons are not affected.

      7. Asserting your rights

      Please contact us for questions or to assert your rights:

      jpc-Schallplatten-Versandhandelsgesellschaft mbH

      Lübecker Straße 9

      49124 Georgsmarienhütte

      Phone: 05401 8893999

      Fax: 05401 851-300

      E-Mail adress: service@jpc.de

      You can also contact our data protection officer. He is responsible for complaints. You can reach our data protection officer via the following e-mail address: datenschutz@jpc.de. In addition, if we do not adequately treat your concerns from your point of view, you have, among other things (without prejudice to any other administrative or judicial remedy), a right of appeal to the data protection supervisory authority, in particular in the Member State of your residence, employment or the place of the alleged breach.

    5. (Pinterest)

      Data privacy statement for the pinterest account @ jpc.de of jpc-Schallplatten-Versandhandelsgesellschaft mbH

      The account is managed by jpc-Schallplatten-Versandhandelsgesellschaft mbH (hereafter "we"). The operation takes place as a general information medium, especially on topics related to music. We use the technical platform and services of Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (hereinafter Pinterest) for the service offered by Pinterest.

      I. Data processing by Pinterest

      The detailed privacy policy of Pinterest, in which you are informed about the data processing and the rights you have to Pinterest, can be found at the following link: https://policy.pinterest.com/en/privacy-policy We have no control over the nature, extent and purpose of the data processing performed by Pinterest. We also have no influence on the use or disclosure of personal data by Pinterest. There are no effective control options here either.

      By using Pinterest, your personal information is collected, transmitted, stored, disclosed and used by Pinterest and transferred and stored in the United States of America (USA), Ireland and any other country in which Pinterest does business used. Which data are specifically affected, you will find in the privacy policy of Pinterest. Users can also see which other users follow us or even those we follow.

      II. Data processed by us via Pinterest

      Processing is done by us as part of the Pinterest account when you respond to our pins or other posts (for example, by "Remember" or "Submit" or comment). In such a case, we will be informed by Pinterest about the action taken including naming the account name. This data can be used by us to write a reply. Personal information will also be collected and processed when you send us a message directly through Pinterest or an e-mail. Then this data will also be used to send you an answer.

      If you click on the pin it button on our website and post on Pinterest, we will be notified and receive information about you (profile name and post you pinned).

      If you wish in a message that we should contact you by other means outside the Pinterest account and provide us with the appropriate contact details (eg address, telephone number or e-mail address), we will transfer this data to our company systems, so that we can contact you as part of our work. When sending a direct message, please be aware that Pinterest may be scanning the contents of the messages.

      The storage of your personal data takes place until the specified purposes are achieved or as long as we have a legitimate interest in the storage.

      Thereafter, a deletion takes place, as far as no other agreements have been made with them or legal archiving obligations (for example, due to commercial or tax law) exist. In the case of a legally required archiving, the data is blocked for other access. These documents are deleted after the expiry of the statutory retention periods as part of regular actions in accordance with data protection and destroyed.

      III. Success measurement of our pins

      Through tools provided by Pinterest, we can measure the reach of our pins within our target audience. To compile these overviews, Pinterest processes various data and then makes them available to us. We use this data to create targeted pins so that we can increase our relevant reach beyond it. Legal basis is Art. 6 para. 1 lit. f DSGVO. Predominantly protectable interests of those affected do not preclude this evaluation.

      Pinterest also uses cookies and evaluates your behavior on Pinterest. The information generated by cookies about your use of Pinterest (including your IP address) is transmitted to and stored by Pinterest's computers. It is not excluded that data processing outside the scope of EU law takes place. By means of an identification, for example when logging in to Pinterest, the data listed above can also be captured and used across devices. For example, it can tell you that you can start your visit to us on a PC and continue on a mobile device, and the data from both devices can be linked.

      Pinterest will use this information to evaluate your use of the website on our behalf, to compile reports on the activities for us to build interest-based audiences, and to provide us with other services related to the use of Pinterest. Pinterest will also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Pinterest. You may refuse the use of cookies by selecting the appropriate settings on your browser software - however, this may result in your inability to use Pinterest.

      IV. Your rights

      As a data subject, you may legally enforce certain rights.

      1. Right to confirmation and information

      According to Art. 15 GDPR, you have the right to ask for confirmation of the processing of your personal data. In the event that we process such data, you have a right to free information about your stored data. The information includes information about

      a) the processing purposes;

      b) the categories of personal data being processed;

      c) the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations;

      d) if possible, the planned duration for which the personal data are stored or, if this is not possible, the criteria for determining that duration;

      e) the existence of a right to rectification or erasure of the personal data relating to him or to a restriction of processing by the controller or a right to object to such processing;

      f) the existence of a right of appeal to a supervisory authority;

      g) if the personal data are not collected from the data subject: all available information on the source of the data;

      h) the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.

      Furthermore, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject is otherwise entitled to receive information about the appropriate guarantees in connection with the transfer.

      According to Article 15 of the GDPR, the data subject does not have the right to provide information to the extent that information is disclosed which must be kept secret by law or by its nature, in particular because of the predominant legitimate interests of a third party. If you have any questions about the collection, processing or use of your personal data, information or other assertion of your rights, please contact us using the contact details below.

      2. Right to rectification

      You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The person in charge must make the correction without delay.

      3. Right of objection

      You have the right at any time against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or lit. f DSGVO takes an objection; this also applies to profiling based on these provisions. In the case of an objection to data processing for direct mail (Article 21 (2) GDPR), this processing will be terminated as soon as possible after receipt of the opposition (for further details also see Section 2).

      A protest against other processing (Article 21 (2) GDPR) on the basis of Article 6 (1) lit. e or lit. f DSGVO can only be carried out for reasons that arise from your particular situation, whereby compelling overriding reasons worthy of protection can justify our further processing.

      Agreed consent can be revoked. (For contact details see I.) You will not incur any special costs (except delivery costs according to the basic rates of your provider).

      Opposition and revocation of consent work for the future. The legality of data processing in the past remains unaffected.

      4. Right to cancellation (right to be forgotten)

      a) Prerequisites for deletion

      You have the right to request the deletion of your personal data. Please note that a right to immediate removal (Art. 17 GDPR) ("Right to be forgotten") only exists if one of the following reasons applies:

      The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

      They revoke their consent, to which the processing pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.

      In accordance with Article 21 (1) of the GDPR, you object to the processing and there are no legitimate reasons for the processing, or you object to processing for direct marketing purposes pursuant to Art. 21 (2) GDPR.

      Your personal data has been processed unlawfully.

      The deletion of personal data is necessary to fulfill a legal obligation under Union or national law, to which the controller is subject.

      The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

      b) Wider right to be forgotten

      If we have made the personal data concerning you public and if we are required to delete this data pursuant to Art. 17 (1) GDPR, we shall take appropriate measures, including technical means, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data, that you as the affected person have requested the deletion of all links to these personal data or copies or replications of these personal data.

      c) Exceptions to the deletion

      In addition to the above requirements, please note that the following exceptions may justify a refusal of your request to cancel:

      The right to erasure does not exist if the processing is necessary

      a) to exercise the right to freedom of expression and information;

      b) to fulfill a legal obligation which requires processing under the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority delegated to the controller;

      c) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

      d) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, in so far as the right of cancellation is likely to render impossible or seriously affect the achievement of the objectives of that processing, or

      e) to assert, exercise or defend legal claims.

      5. Right to restriction of processing

      Your right to restriction of the processing is yours, if you deny the accuracy of the personal data for a period that allows us to verify the accuracy of personal data or if you reject the deletion in case of unlawful processing and instead restrict the use of personal request data. You also have the right, when we no longer need the data, to require such personal information to assert, exercise or defend your rights. Finally, you can assert this right if you object to the processing in accordance with. Art. 21 para. 1 DSGVO and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.

      If processing has been restricted, such data may only be processed with your consent or to assert, exercise or defend legal claims or protect the rights of another natural or legal person or for reasons of significant public interest of the Union or of a Member State. The possibility of continuous storage remains unaffected. If the limitation of the processing according to the o.g. conditions are restricted, you will be informed by us before the restriction is lifted.

      6. Right to data portability

      You also have a right to data portability of the information you provide to us, processed on the basis of effective consent, or required to be processed to enter into or perform an effective agreement, in a "structured, common and machine-readable format. You also have the right to request direct transmission to another party, as far as technically feasible.

      The right exists only insofar as the rights and freedoms of other persons are not affected.

      7. Asserting your rights

      Please contact us for questions or to assert your rights:

      jpc-Schallplatten-Versandhandelsgesellschaft mbH

      Lübecker Straße 9

      49124 Georgsmarienhütte

      Phone: 05401 8893999

      Fax: 05401 851-300

      E-Mail adress: service@jpc.de

      You can also contact our data protection officer. He is responsible for complaints. You can reach our data protection officer via the following e-mail address: datenschutz@jpc.de. In addition, if we do not adequately treat your concerns from your point of view, you have, among other things (without prejudice to any other administrative or judicial remedy), a right of appeal to the data protection supervisory authority, in particular in the Member State of your residence, employment or the place of the alleged breach.

    III. How do we protect your personal data?

    1. General safeguards

      The law requires that companies establish an appropriate level of data protection. In doing so, the corresponding risk must be squared with the probability of occurrence, best available technology and the costs. We have provided for the corresponding technical and organisational measures in order to realise the security of your data and their processing in accordance with the statutory regulations. Should you have any security concerns when entering data, or have any other questions or comments, simply contact our customer service or our data protection officer. Other means of contacting us can be found again at the end of these notices.

      Your personal data are encrypted when you place orders and log in to your personal account so as to ensure the data are transmitted securely. To this end, we use the SSL (Secure Socket Layer) encryption system. We implement technical and organisational measurers to safeguard our website and other systems against the loss, destruction, modification and dissemination of your data by unauthorised persons. You should always keep your access data confidential and close the browser window once you have ended your communication with us, especially when you share the computer with others.

    2. Protecting your payment data

      - Protecting card data

      The payment form where our customers enter their card details is hosted at a secure data processing centre provided by our payment facilitator Computop Wirtschaftsinformatik GmbH, Schwarzenbergstr. 4, D-96050 Bamberg, Germany. This not only ensures that none of our employees has access to your card data but also that the data protection standards of the card organisation are observed. Computop undergoes regular security checks. At the same time, Computop fulfils the so-called Payment Card Industry Data Security Standard – a security standard supported by every major credit card organisation – to ensure that you can securely pay online.

      - Protected data transfer

      The TLS encryption system is used to transfer data contained in the payment form (card number, expiration date, card validation code, etc.) in encrypted form to the payment service provider.

      - Access to your card number

      The card number is stored with our payment service provider only as an encrypted string. As a rule, the card number is never displayed or made accessible in unencrypted form. The card number is only shown in its decoded form within the network of international card organisations. The card number is used, among other things, for authorisations, bookings and crediting.

      - Other payment data

      When you enter your bank details, we save these data on our servers. Your card number or IBAN is not generally shown in its entirety but truncated in order to enable you to identify your bank account.

      BWhen paying through PayPal, we do not receive your account or credit card data. These data have been saved by you with PayPal. We only receive the PayPal e-mail address. In all other respects, data are entered at PayPal in compliance with their security regulations.

      When using the Sofortüberweisung payment facility, your data are transferred via an SSL-encrypted connection. Using your PIN and TAN, you authorise your payment transfer, which is then carried out by your bank. Neither the PIN nor the TAN are stored by us. Your bank statement data are not stored with us either but transmitted from the money transfer form to your bank directly and in encrypted form by the provider.

    IV. Identity and credit checks and scoring

    1. Internal checks

      Should we provide services up-front (e.g. payment against invoice), we check –on account of our interest in ensuring that we are covered against payment defaults and our customers against identity theft – your current and previous payment history on the basis of our data and, where applicable, unusual order patterns (e.g. orders placed through different customer accounts within a short space of time but sent to the same address). The credit history data taken into consideration include outstanding payments, dunning procedures, insolvency information, debt advice, deferral of payment agreements due to payment defaults. On the basis of these data, we decide whether we can offer the requested form of payment.

    2. Identity and credit checks through external credit agencies

      Also based on the aforementioned interests, we ask infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany to run a person and address validation check using your address data and your date of birth and receive credit scores which are calculated using generally accepted mathematical and statistical processes.

      We use the statistical probability values that we receive on the likelihood of a payment default, to which we also incorporate your address data and the results of our internal review, to reach an automated decision on the requested payment and shipping options, which we may restrict depending on the case. You have the right to request that we manually check the automated decision, for example if the requested form of payment is rejected, and to present your standpoint and exercise your right to object (see below for our contact details).

      Detailed information on infoscore Consumer Data GmbH within the meaning of Art. 14 EU General Data Protection Regulation (GDPR), i.e. information on the aforesaid company’s business object, on the purposes of data storage, on the data recipients, the right to voluntary disclosure of information, on the right to erasure or rectification, etc. can be found by going to the following link: https://finance.arvato.com/icdinfoblatt.

      In the event of payment difficulties, we reserve the right, within the bounds of the statutory requirements and possibilities, to transfer data on conduct that is not in compliance with the agreed contract (e.g. outstanding payments) to the credit agency and to engage this agency or other companies to collect the outstanding payments. In justified cases, credit agencies will use these data for credit reports.

    3. Legal basis

      The legal basis for our running of the aforementioned checks is founded on point (b) of Art. 6(1) GDPR with regard to our ability to check your requested form of payment and point (f) of Art. 6(1) GDPR in terms of our aforementioned interests. The transfer of data may only occur if and to the extent that this is required in order to exercise the legitimate interests of our company or third parties and that these are not overridden by the interests of fundamental rights and freedoms of the data subjects which require protection of personal data.

      Your rights in this regard can be found in the notices contained in Section V below.

    V. What rights do I have?

    Sie können als von einer Datenverarbeitung betroffene Person gesetzlich bestimmte Rechte geltend machen.

    1. Right to confirmation and information

      Under Art. 15 GDPR, you have the right to obtain from us confirmation as to whether your personal data are being processed. Should we process such data, you have the right to free-of-charge access to your stored personal data. The right to access covers the following information:

      • the purposes of the processing;
      • the categories of personal data that are processed;
      • the recipients or categories of recipient 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 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) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
      • Where personal data are processed, you have the right to be informed as to whether personal data are transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If you have any questions about the collection, processing or use of personal data, about credit agencies, or about the exercising of your rights in other instance, please contact us via the contact details shown at the end of these notices.
    2. Right to rectification

      You have the right to obtain from the controller the rectification of inaccurate personal data or to have incomplete personal data completed. The controller must rectify the inaccurate data without undue delay.

    3. Right to object

      You have the right to object, at any time, to processing of personal data which is based on points (e) or (f) of Article 6(1) GDPR; this equally applies for profiling based on those provisions (for a definition of this term, see II. Point 2).

      Should you object to the processing of data for direct advertising (Art. 21(2) GDPR), this processing will end as soon as possible after the objection is received (for more details on this, see also I. Point 6.)

      You may only object to other processing (Art. 21(2) GDPR) on the basis of points (e) or (f) of Art. 6(1) GDPR (e.g. identity and credit checks) if there are grounds for your particular situation, whereby compelling overriding legitimate grounds may justify our further processing.

      You can withdraw any consent that has been given (see contact details below). No specific costs will be incurred for doing so (except for the basic rates of transmission charged by your provider).

      If you object or if you withdraw your consent, this will be applied with future effect. The lawfulness of past data processing will not be affected.

      Should you object to an identity or credit check, this may result in us generally only being able to offer limited payment options or in refusing to conclude a contract with you.

    4. Right to erasure (right to be forgotten)

      a) Prerequisites for erasure

      You have the right to obtain from the controller the erasure of your personal data. Please note that the right to erasure without undue delay (Art. 17 GDPR) (»Right to be forgotten«) only applies where one of the following grounds applies:

      • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
      • you withdraw consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
      • you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing for direct advertising purposes pursuant to Article 21(2) GDPR;
      • the personal data have been unlawfully processed;
      • the personal data have to 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).

      b) Extended right to be forgotten

      Where we have made the personal data public and we are obliged pursuant to Article 17(1) GDPR to erase the personal data, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

      c) Exceptions to the right to erasure

      Please note that, in addition to the aforementioned prerequisites, the following exceptions can justify your request for erasure being rejected:

      The right to erasure does not apply to the extent that processing is necessary:

      • for exercising the right of freedom of expression and information;
      • for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
      • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) GDPR as well as Article 9(3) GDPR;
      • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
      • for the establishment, exercise or defence of legal claims.
    5. Right to restriction of processing

      You have the right to the restriction of processing if the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data; or if the processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead. You also have the aforesaid right if we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims. Finally, you can exercise this right if you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override your legitimate ground.

      Where processing has been restricted, such personal data may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The possibility of continued storage is not affected. If the restriction of processing has been restricted pursuant to the aforementioned prerequisites, we will notify you before the restriction is lifted.

    6. Right to data portability

      You furthermore have the right to receive your personal data – in a »structured, commonly used and machine-readable format« – which you have made available to us, which we have processed based on your valid consent, or the processing of which was necessary in order to enter into and/or fulfil a valid contract. You also have the right to have the personal data transmitted directly to another controller, where technically feasible.

      This right only applies if the rights and freedoms of other people are not adversely affected.

    7. . Establishing your rights

      If you have any questions or want to establish your rights, please contact our customer service (see below for contact details).

      You can also contact our data protection officer, who is also responsible if you have any complaints. You can reach our data protection officer via the following e-mail address: datenschutz@jpc.de. If you feel that you have been unfairly treated or have other concerns (notwithstanding any other rights of recourse pursuant to administrative law or judicial remedies), you also have the right to lodge a complaint with the incumbent supervisory authority, especially in the Member State of your habitual residence, place of work or place of the alleged infringement.

    VI. What types of consent have I granted?

    In certain cases, you may have given us your consent to contact you for advertising purposes or to use certain data (e.g. for a newsletter or services relating to a customer login, etc.). If you have given us your consent, the consent texts will be stored by us and can be retrieved. If you have a customer contact, you can view the consent texts there (under »My Account« at www.jpc.de). Should you not have a customer account or not be able to access it and wish to retrieve these consent texts, please contact service@jpc.de. We will then forward the requested information to you by e-mail.

    Your jpc-Schallplatten-Versandhandelsgesellschaft mbH

    Name and contact details of the controller:

    jpc-Schallplatten-Versandhandelsgesellschaft mbH
    Lübecker Straße 9
    49124 Georgsmarienhütte
    Germany
    Phone: 05401 851-290
    Fax: 05401 851-300
    E-mail adresse: mmv.service@jpc.de

    www.jpc.de

    These privacy notices also constitute intellectual property that is subject to copyright. Any use – including parts thereof – by third parties for commercial purposes is strictly forbidden. Any infringements thereof will be prosecuted. WIENKE & BECKER accepts no liability vis-à-vis third parties for the completeness or currentness of the information provided above.

    © 2018 WIENKE & BECKER – KÖLN Rechtsanwälte

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    Information on the battery directive

    In conjunction with the selling of normal and rechargeable batteries, as dealers, we are obliged in accordance with the battery directive, to draw your attention as consumers to the following points:

    You are legally obliged to return normal and rechargeable batteries. After use, you can return these either to one of our retail outlets, take them to a municipal recycling point or also to your local stockists.

    Caution

    Batteries containing hazardous substances are identified with a sign, depicting a crossed-out refuse bin and a chemical symbol (Cd, Hg or Pb), which classifies the particular heavy metal, defined as a hazardous substance, contained in the respective battery.

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