Privacy policy

This Privacy Policy describes how we, Thomann GmbH (hereinafter referred to as “Musikhaus Thomann”) process and protect according to the General Data Protection Regulation (GDPR) and the relevant German data protection laws, in particular the German Federal Data Protection Act (BDSG), the data you provide us with when using our website.

The security of personal data such as name, address, telephone number or email, is a serious and important concern for our company. Therefore, we conduct our online activities in compliance with the respective statutory provisions relating to data protection and data security. Below, you can find the information we process.

Personal data / types of use

As a principle, the protection of your personal data is of highest priority for Musikhaus Thomann. You decide whether or not you wish to make such data known to us, for example in the course of any registration, survey or the like. Such information on your part is relevant for your enquiry, but you provide it on a voluntary basis. An exception to this rule is when prior consent cannot be obtained for practical reasons and the processing of data is permitted by law.

Legal basis for the processing of personal data

If we obtain the consent of the data subject to process their personal data, Article 6(1)(a) GDPR serves as the legal basis for the processing of personal data.

When processing personal data necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) GDPR shall serve as the legal basis. This also applies to any processing required to perform pre-contractual measures.

If processing of personal data is necessary for compliance with a legal obligation to which Musikhaus Thomann is subject, Article 6(1)(c) GDPR shall serve as the legal basis.

In the event that the vital interests of the data subject or of another natural person necessitate the processing of personal data, Article 6 (1)(d) GDPR shall serve as the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Article 6(1)(f) GDPR shall serve as the legal basis for processing.

Data deletion and storage duration

The data subject’s personal data will be deleted or blocked as soon as the purpose of storage ceases to apply. Data may be stored beyond this if provisions have been made for this by the European or national legislator in Union regulations, laws or other rules to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the standards mentioned above expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

Exchange of data / contractual relationships with partners / third parties

In addition to the types of use described above, Musikhaus Thomann will transfer your data to third parties that are involved in the processing of your order or that participate in contracts. For example, if you place an order via our website, we will transmit your order information to Musikhaus Thomann’s partner companies and contractors who process and deliver your order to you. Data will only be transmitted to the extent required in order to fulfil or deliver your order or to process an enquiry. We will also transmit personal data to third parties where we are required to do so by law.

Data automatically collected on our website / usage data

We welcome anybody to visit and use our website free of charge and to look at the products on offer. When you visit our website, we record the following general usage data in order to assess which parts of our website you visit and how long you stay there:

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s IP address
  • Date and time of access
  • Websites from which the user’ system reaches our website
  • The services and functions used on our website

Such data will be combined with the usage data of all visitors to our website in order to measure the number of visitors, the average time of the visits, pages visited, etc. The data we collect is combined and used for internal purposes only.

The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR.

We use this combined data for evaluating our products, services and the news we make available via our website, as well as for monitoring use of our website and generally improving its content.

The temporary storage of IP addresses by the system is required in order to allow the website to be delivered to the user’s computer. To do this, the user’s IP address must be stored for the duration of the session.

Data is stored in log files to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. These purposes are also the basis for our legitimate interests in data processing pursuant to Article 6(1)(f) GDPR.

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. If data is stored in log files, this is the case after no more than seven days. Further storage is possible. In this case, the users’ IP addresses are deleted or distorted, so that it is no longer possible to associate them with the calling client.

The collection of data in order to provide the website and the storage of the data in log files is essential for the operation of the website. Therefore the user cannot opt out.

Third party advertisements or links to other websites displayed on our website may collect user data if you click on them or otherwise follow their instructions. We have no control over the data collected either voluntarily or involuntarily via advertisements or websites of third parties. We recommend that you read the privacy policies of the promoted websites if you have any concerns regarding the collection and use of your data.

Cookies

Like many other commercial websites, Musikhaus Thomann sometimes uses the technology known as “cookies” to collect information on how you use the website, and to ensure your visit runs smoothly.

Cookies are text files that are stored in the Internet browser or come from the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinctive string that allows the browser to be uniquely identified when the website is visited again.

Our cookies neither disclose nor contain any personal data. Cookies cannot read any information from your computer or interact with other cookies on your hard disk. However, cookies enable us to recognize you when you revisit our website.

The following data is stored in the cookies:

  • Session ID
  • Google Analytics Session ID

When accessing our website, the user is informed about the use of cookies and referred to this privacy policy.

The legal basis for processing personal data using cookies required for technical and analytical purposes is Article 6(1)(f) GDPR.

The purpose of using technically necessary cookies is to facilitate the use of websites for users. Some features of our website cannot be offered without the use of cookies. For these features, it is necessary to recognise the browser, even after moving to a different page.

We require cookies for the following:

  • Sessions
  • Google Analytics

The user data collected through technically necessary cookies is not used to create user profiles.

Analysis cookies are used for the purpose of improving the quality of our website and its contents. Analysis cookies allow us to ascertain how the website is used and thus constantly optimise our service.

These purposes are also the basis for our legitimate interests in processing personal data pursuant to Article 6(1)(f) GDPR.

If you do not want your browser to accept cookies, you can deactivate or restrict this option in your browser settings. Cookies that have already been saved can be deleted at any time. This can also be done automatically. Deactivation of cookies may prevent this website from functioning properly. You may not be able to access all the options and information on this website.

Contact form and email contact

Our website provides a convenient opportunity to get in contact with us using the contact form. If a user takes advantage of one of these options, the data entered on the input screen will be transmitted to us and stored. This data includes:

  • Name
  • Email address
  • Your message (if it contains voluntary information from you containing personal data)

Alternatively, you can contact us via the email addresses provided on our website. In this case, the user’s personal data transmitted by email will be stored.

No data is passed on to third parties in this context. The data is used exclusively for processing the conversation.

The legal basis for processing the data transmitted in the course of sending an email is Article 6 (1)(f) GDPR. If the purpose of the email is to conclude a contract, the additional legal basis for the processing shall be Article 6(1)(b) GDPR.

The personal data from the input screen is only processed in order for us to process the contact. In the event of contact via email, this is also the basis for the required legitimate interest in the processing of data.

Any other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the contact form input screen and the data sent by email, this is the case if the respective conversation with the user has ended. The conversation is deemed to be ended if it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

Use of services for marketing and analysis purposes

Google Analytics

The Musikhaus Thomann website utilises Google Analytics, a web analytics tool by Google Inc. (“Google”). Google Analytics uses “cookies”, text files stored on your computer that enable analysis of how you use the website. The cookie-generated information about your use of this website is usually transmitted to and stored on a Google server in the United States. However, if you are in a country that is a member state of the European Union or a contracting party to the Agreement on the European Economic Area, and if IP address anonymisation has been activated on this website, Google will first truncate your IP address. Only by way of exception will the full IP address be transmitted to a Google server in the United States and shortened there.  Google will use such information to evaluate your use of the website, to compile reports on website activity and to provide other services to Musikhaus Thomann in relation to website use and internet use. Google will not combine the IP address transmitted by your browser via Google Analytics with other Google data. You can disable cookies by setting your browser accordingly; however, if you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent collection and transfer of the data generated by cookies on www.thomann.de and relating to your use of the website (including your IP address) to Google, as well as the processing of such data by Google, by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout/eula.html?hl=de.

As an alternative to installing the browser plug-in, particularly in internet browsers on mobile devices, you can prevent the collection of data by Google Analytics by clicking this link:

Deactivate Google Analytics

This will save an “opt-out” cookie to your device, meaning that none of your data will be collected on this website by Google Analytics.

Please note that if you delete cookies in your browser settings, this may mean the Google Analytics opt-out cookie is also deleted and may have to be re-activated by you.

More detailed information about the function of Google Analytics and the terms of use and privacy policy relevant to this service can be found under http://www.google.com/analytics/terms/gb.html and http://www.google.de/intl/en/policies/privacy/. We would also like to point out that our website uses Google Analytics with the anonymizeIP extension so that IP addresses are only processed further in an abbreviated form to prevent them being directly linked to a particular individual.

Embedding and use of links to social media (Facebook, Google+, et al.)

Links to external social network services such as Facebook, Google+, YouTube and Twitter are embedded on our website, in particular in the areas displaying our products. The responsibility for the internet services of these social network services lies solely with their operators. Below you will find further information, categorised according to the corresponding social network service.

None of your data is transferred to social media services as a result of our links to these services. These are normal hyperlinks, through which no regular data transmission takes place. If you click on the link, you will be taken directly to our social media page on the respective social media service. Data is only transmitted if you are logged into your user account of the corresponding social media service. You can then link to or share content from our websites directly using the social media service, or you can watch YouTube videos on our YouTube channel. Under certain circumstances, the social media service may thus ascertain which content you have viewed on our website.

The responsibility for the social media services linked to by Musikhaus Thomann lies exclusively with:

  • Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, for Facebook and its website;
  • Instagram, LLC, 1601 Willow Rd. Menlo Park, CA 94025, USA, for Instagram and its website;

 

For further information regarding the purpose and scope of data collection, and regarding the further processing and use of your data by the respective social media service, see the privacy rules of the relevant service. These are available online:

 

Under the above-mentioned links you will also find information regarding settings for the protection of your privacy and regarding your further rights concerning the processing of your data by the respective social network service.

All services are used for advertising and marketing purposes with the aim of making Musikhaus Thomann’s offering more attractive. As described above for each of the individual services, we take your right to privacy seriously by allowing you to object to the use of all services and informing you in advance about this Privacy Notice. The legal basis for the aforementioned data processing is Article 6(1)(f) GDPR. The information in this Privacy Notice and the right of objection granted to you sufficiently protects your right to privacy.

Security

Musikhaus Thomann takes precautions to ensure the security of your personal data. Your data will be diligently protected against loss, destruction, manipulation and unauthorized access or unauthorized disclosure and transmission.

Musikhaus Thomann protects collected customer data by saving it on servers protected by passwords and “firewalls” that use encryption technologies to prevent unauthorised access.

Musikhaus Thomann does its utmost and implements state-of-the-art technology to provide you with a secure environment for the completion of your order; however, we cannot guarantee absolute security of your data.

We ask you to take every available precaution to protect your personal data when online. We encourage you to at least change your passwords on a regular basis, to use a combination of letters and numbers, and to ensure you use a secure browser when surfing the internet.

Rights as a data subject

If your personal data is processed, you are a data subject as defined in the GDPR and you have the following rights with regard to the controller:

  1. Information, rectification, restriction and deletion

You have the right to access the data stored about you by Musikhaus Thomann and information concerning its origin and recipient and the purpose of data processing by Thomann’s websites free of charge at any time. In addition, you have the right to rectify, delete or restrict the processing of your personal data, provided the legal requirements to do so are met.

Details can be found in the relevant statutory provisions, Article 15 to 19 GDPR.

  1. Right to data portability

You have the right to receive the personal data concerning you that you have provided to Musikhaus Thomann as the controller, in a structured, commonly used and machine-readable format. Musikhaus Thomann can comply with this right by providing a csv export of the customer data processed about you.

  1. Right to information

If you have exercised your right of rectification, deletion or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification or deletion of data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the controller.

  1. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you that is based upon point (e) or (f) of Article 6(1) GDPR, including profiling based upon those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where your personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

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

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

  1. Revocability of declarations of consent under data protection law

You may also revoke your consent with regard to Musikhaus Thomann at any time with effect for the future using the contact details given below.

  1. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely upon automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1)        is necessary for entering into, or performance of, a contract between you and the controller,

(2)        is authorised by Union or Member State law to which the controller is subject and that also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or

(3)        is based upon your explicit consent.

However, these decisions shall not be based upon special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in points (1) and (3), the data controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

  1. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

Responsible authority, contact person for queries or exercising your rights as a data subject, contact

The responsible authority within the meaning of the data protection regulations for all data processing through the Musikhaus Thomann website is:

Thomann GmbH, Hans-Thomann-Strasse 1, 96138 Burgebrach, Germany

In the event of any questions, comments, complaints or to exercise your rights as a data subject in connection with our Privacy Notice and the processing of your personal data by Musikhaus Thomann’s websites, you can contact Musikhaus Thomann’s data protection officer directly by email (privacy@thomann.de). He will gladly take care of your data protection concerns.

Update of the Privacy Policy

Musikhaus Thomann may update this Privacy Policy from time to time. Any such change will be displayed on the website. If you have any comments or questions regarding this Privacy Policy or any other guidelines on this website, please contact us in writing.