Data Protection Declaration
Protecting your privacy is very important to us. Below we will inform you about how and why we process your personal data when you visit this website tomspell.com.
1. Name and contact details of the data controller
Tom Spell Music UG (haftungsbeschränkt)
Seylitzstraße 26
40476 Düsseldorf
E-Mail: info@tomspellmusic.de
2. Processing of personal data and type and purpose of processing
a. When you visit the website tomspell.com
The website tomspell.com is hosted by our processor IONOS SE, Elgendorfer Str. 57, 564010 Montabaur (hereinafter IONOS). We have concluded an order processing contract with IONOS in accordance with the legal requirements of Article 28 GDPR.
IONOS collects the following data from website visitors, which is anonymized directly during the collection:
- Referrer (previously visited website)
- Requested web page or file
- Browser type and browser version
- Operating system used
- Device type used
- Time of access
- IP address in anonymized form (only used to determine the location of access)
In addition, IONOS processes data through the WebAnalytics service. As part of this service, tracking and logging are activated by default. The data is determined either through a pixel or through a log file. To protect personal data, WebAnalytics does not use cookies. The visitor’s IP is transmitted when a page is accessed, immediately anonymized after transmission and processed without personal reference.
The legal basis for this processing is Article 6 Paragraph 1 Letter f GDPR. The data is processed out of legitimate interest in order to ensure the security and stability of the offer and to be able to provide website visitors with the highest level of quality. In WebAnalytics, data is processed exclusively for statistical evaluation and technical optimization of the website.
The data mentioned will be stored by IONOS for 8 weeks. IONOS will not pass on this data to third parties. There is also no transfer of this data by IONOS to third countries.
b. When registering for the newsletter
If you register for our newsletter, the data will be transmitted to us in the respective input mask. To subscribe to the newsletter, you must provide your email address. The other voluntary information (first name, last name) is used to assign and personalize the newsletter. Registration for our newsletter takes place using a so-called double opt-in procedure. i.e. After registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with someone else’s email address. When you register for the newsletter, your IP address as well as the date and time of registration are saved. This is to prevent misuse of the services or the data subject’s email address. The data will not be passed on to third parties. An exception exists if there is a legal obligation to pass it on. The data is used exclusively for sending the newsletter. You can cancel your subscription to the newsletter at any time. Likewise, consent to the storage of personal data can be revoked at any time. For this purpose, there is a corresponding link in every newsletter. The legal basis for processing the data after you register for the newsletter, provided you have given your consent, is Article 6 Paragraph 1 Letter a) GDPR. The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 Paragraph 3 UWG.
We use Sendinblue to send newsletters. The provider in Germany is SendinBlue GmbH, Köpenicker Straße 126, 10179 Berlin, a subsidiary of the French parent company SendinBlue SAS, 55 rue d’Amsterdam, 75008 Paris, France. With Sendinblue, among other things: Organizes and analyzes the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter will be stored on Sendinblue’s servers. In addition to your identification and contact data, IT information about you (IP addresses, opening/click rate, online navigation data) is processed. In addition to sending, we also use Sendinblue to analyze our newsletter campaigns. We can e.g. For example, you can see whether a newsletter message was opened, whether and which links were clicked or how often they were clicked. All links in the email are so-called tracking links with which your clicks can be counted. If you do not want Sendinblue to analyze you, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message.
The data processed by us based on your consent for the purpose of sending the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from both our servers and Sendinblue’s servers after you unsubscribe from the newsletter. Data stored by us for other purposes remains unaffected. If you unsubscribe from the newsletter, your email address may be stored in a blacklist by us or Sendinblue if this is necessary to prevent future sending of the newsletter to you. Your personal data processed in this blacklist will only be used for this purpose and will not be combined with other data. This serves both your interest in not receiving any further newsletter emails from us and our interest in complying with legal requirements when sending newsletters. The data processing within the scope of the blacklist is therefore based on our legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR. The storage of data in the blacklist is not limited in time. However, you can object to the storage if your interests outweigh our legitimate interest.
You can find more information in SendinBlue’s privacy policy at https://de.sendinblue.com/legal/privacypolicy/ and Sendinblue’s data protection information at https://de.sendinblue.com/datenschutz-uebersicht/.
We have concluded an order processing contract with Sendinblue in accordance with Art. 28 GDPR. This regulates, among other things, that Sendinblue takes all measures necessary to ensure the security of your data and, in principle, only processes your data in accordance with our instructions and may only use it for the contractually agreed purposes and may not pass it on to third parties
c. When contacting us via contact form or email
If you have any concerns, you can contact us using a form provided on the website. It is necessary to provide a valid email address and your name so that we know who the request came from and can answer it. If you send the form to us, the personal data that you send to us via the contact form, in particular your message entered in the free text field, will be processed.
You can also contact us using the email address provided on our website. We will then process the personal data you provide in the email.
By providing the contact form and email address on our website, we want to offer you a simple and convenient way to contact us and communicate your concerns with us. The data transmitted via the contact form or by email will be used exclusively for the purpose of processing and answering your request.
The legal basis for this data processing is Article 6 Paragraph 1 Sentence 1 Letter f GDPR. Our legitimate interest lies in the aforementioned purpose of processing.
The personal data processed by us as part of your use of the contact form or through receipt of your email will be deleted as soon as they are no longer necessary to achieve the purpose for which they were processed. This is usually the case when communication between you and us has ended and, judging by all the circumstances, your concern has been finally clarified. If a statutory retention period conflicts with deletion, deletion will take place after this statutory retention period has expired.
d. Use of cookies
We use so-called cookies on this website. These are small text files that are stored on the user’s device (laptop, smartphone, etc.) when they visit a website. The information contained in the cookies enables the recognition of a device and, if necessary, certain functions of a website.
The purpose of using cookies is to make your visit to this website more pleasant. For this we use so-called “session cookies”. These cookies allow us to recognize that you have already visited individual pages on our website. These are automatically deleted when you end the internet session and close your browser. Other cookies that we use to optimize the user-friendliness of this website and to analyze and statistically evaluate the use of this website for the purpose of optimizing and tailoring our offering to your needs remain on yours for a specific, fixed period of time or permanently saved on the device. If you visit this website again, the cookies set will automatically recognize that you have already been here. If necessary, it will also recognize which entries and settings you have made so that you do not have to enter them again. As described, cookies are deleted either automatically at the end of a session or when the specified storage period has expired. You can delete permanent cookies via the settings in your browser. Most browsers accept cookies automatically. You can set your browser so that the transmission of cookies is deactivated or restricted. Completely deactivating cookies may mean that you cannot use all functions of this website. You can find further information about cookies, in particular the storage period, in our cookie banner under “Customize privacy settings” under “Show service information”.
The legal basis for the processing of personal data through these cookies is, on the one hand, Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR, insofar as we have a legitimate interest in data processing for the stated purposes of processing. If this is not the case and the cookies are not technically necessary cookies, we need your consent to use these cookies. When you visit this website, we will inform you about the types of cookies we use. We give you the opportunity to agree or not to individual types of cookies, especially those that are not technically necessary and for which the above-mentioned legal basis does not apply. We only load these cookies that require consent if you have agreed to their use via our cookie banner. In these cases, your consent is the legal basis for data processing in accordance with Article 6 (1) (a) GDPR. You can revoke your consent at any time using the appropriate settings on our cookie banner and, with regard to individual data processing, also via the opt-out fields integrated into this data protection declaration. You can also find further information about cookies in the individual sections of this data protection declaration on the tools and services we use to operate this website.
e. Matomo
We use the web analysis tool “Matomo” for analysis, statistical evaluation and needs-based design of our website. For this purpose, permanent cookies are placed on your computer, which we read. You can delete these cookies via the settings in your browser. The information obtained through the cookies to analyze and evaluate your user behavior is only transmitted to our servers and stored there in pseudonymous usage profiles. We use this data exclusively for the purposes mentioned and do not pass it on to third parties. We have also configured Matomo so that your IP address is only stored anonymously. We cannot therefore draw any conclusions about you based on your IP address. Matomo stores which URL (reference) you came to our site from. In some cases, such a URL may contain personal information. To prevent this information from being tracked, we have limited the level of referral data that Matomo should store when you visit our website. We have configured Matomo so that the query parameter is removed from the reference URL. In addition, we have activated do-not-track support. Do-Not-Track is a technology and policy proposal designed to enable users to decide for themselves whether their behavior is tracked by websites, advertising networks and social networks. If you have set „I do not want to be tracked“ in your browser (do-not-track activated), then Matomo will not track your visits. The visitor logs and reports generated by Mataomo in this way are automatically deleted after a retention period of 2 years. You can find further information about cookies, in particular the storage period, in our cookie banner under “Customize privacy settings” under “Show service information”.
Data processing is carried out on the basis of your consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR after you have given your consent via our cookie banner. You can revoke your consent at any time using the appropriate settings on our cookie banner. You can also deactivate tracking using the tracking opt-out below.
Further information about Matomo’s terms of use and data protection regulations can be found at: https://matomo.org/privacy/
f. Social Media Plugins
This website does not use so-called social media plugins. The social network logos displayed on this website are only linked to our company’s profiles. If you click on one of these logos, you will be redirected to the external website of the respective social network.
g. Integration of YouTube videos
This website integrates videos from the video platform “YouTube”, operated by Google Ireland Limited (hereinafter “Google”), Gordon House, Barrow Street, Dublin 4, Ireland, so that these videos can be played directly on our website. The integration takes place in the “extended data protection mode” offered by YouTube. According to YouTube, this mode means that no personal data from you will be transmitted to Google as long as you do not play the videos. Only when you play a video will data be transferred to Google, over which we have no influence. However, the extended data protection mode does not necessarily exclude the transfer of data to YouTube partners. YouTube connects to the Google DoubleClick network whether you are watching a video or not.
As soon as you start a YouTube video on this website, a connection to YouTube’s servers will be established. This communicates which of our pages you visited and which video you watched. It is also possible to transfer your IP address to Google. If you are logged into your YouTube account, Google assigns this information to your user account. This allows Google to create profiles about your usage behavior, assign them to your personal account and use them for advertising purposes, market research and/or to tailor Google websites to your needs. You can prevent this by logging out of your YouTube account before playing a video. You also have the right to object to the creation of these user profiles, which you must contact Google directly to exercise. In addition, after you have started a video, YouTube can store various cookies on your device or use other recognition technologies to obtain information about visitors to this website. This information is used, among other things, to record video statistics, improve user-friendliness and prevent attempted fraud. It cannot be ruled out that after starting a YouTube video, further processing of personal data will be triggered, over which we have no influence. You can find further information about cookies, in particular the storage period, in our cookie banner under “Customize privacy settings” under “Show service information”.
Data processing is carried out on the basis of your consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR after you have given your consent via our cookie banner. You can revoke your consent at any time using the appropriate settings on our cookie banner. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
Further information about data protection at YouTube can be found in their data protection declaration at: https://policies.google.com/privacy?hl=de.
You can also find further information in our social media data protection declaration.
h. Integration of the Soundcloud player
This website integrates the player of the audio platform “Soundcloud”, operated by SoundCloud Global Limited & Co. KG, Rheinsberger Str. 76/77, 10115 Berlin, Germany, so that the audio files we upload there can be played directly on our website. For this purpose, a connection to Soundcloud’s servers is established when you visit a subpage of our website in which the Soundcloud player is integrated. This means that Soundcloud receives information about which website you visited and, if necessary, your IP address. If you use the integrated player and play an audio file, this information will also be transmitted to Soundcloud. If you are logged into your Soundcloud account, the information mentioned will be assigned to your user account. You can find further information about cookies, in particular the storage period, in our cookie banner under “Customize privacy settings” under “Show service information”.
Data processing is carried out on the basis of your consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR after you have given your consent via our cookie banner. You can revoke your consent at any time using the appropriate settings on our cookie banner. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
You can find further information about data protection at Soundcloud at https://soundcloud.com/pages/privacy.
You can also find further information in our social media data protection declaration.
i. Real Cookie Banner
We use the Consent Management Plugin Real Cookie Banner to obtain your consent to certain cookies in accordance with data protection law and to document this.
Real Cookie Banner asks you for your consent to set cookies and process personal data. To do this, you will be assigned a UUID (pseudonymous identification of the user), which is valid until the cookie for storing consent expires. Cookies are used to test whether cookies can be set, to store references to documented consent, to store which services from which service groups you have consented to, and, if consent, according to the Transparency & Consent Framework (TCF) must be obtained to store consents in TCF partners, purposes, special purposes, functions and special functions. As part of the obligation to provide information under the GDPR, the consent collected is fully documented. In addition to the services and service groups to which you have consented and, if consent is obtained in accordance with the TCF standard, which TCF partners, purposes and functions you have consented to, all settings of the cookie banner at the time of consent as well as the technical circumstances (e.g. size of the viewing area when giving consent) and user interactions (e.g. clicking on buttons) that led to consent. Consent is collected once per language. You can find further information about cookies, in particular the storage period, in our cookie banner under “Customize privacy settings” under “Show service information”.
The legal basis for data processing is Article 6 (1) (c) GDPR, as data processing is necessary to fulfill a legal obligation to which we are subject.
j. Elementor
Zur Erstellung des Layouts dieser Webseite verwenden wir die Software Elementor. Elementor verwendet Cookies, um die Anzahl Deiner Seitenaufrufe und Deine aktiven Sitzungen zu speichern. Die erhobenen Daten werden nicht für Analysezwecke verwendet, sondern nur um sicherzustellen, dass z.B. bei mehreren aktiven Sitzungen ausgeblendete Elemente nicht wieder angezeigt werden. Weitere Informationen zu den Cookies, insbesondere zur Speicherdauer, findest Du in unserem Cookie-Banner unter „Privatsphäre-Einstellungen individuell festlegen“ unter dem Punkt „Service-Informationen anzeigen“.
Rechtsgrundlage dieser Datenverarbeitung ist Art. 6 Abs. 1 S. 1 lit. f DSGVO. Unser berechtigtes Interesse liegt in dem vorgenannten Zweck der Verarbeitung.
k. Comments
If we offer you the opportunity to write comments under blog posts and similar content via WordPress as a content management system, WordPress will set a cookie that processes your name, email address and the website in order to display them again. if you would like to write another comment on this website. If you would like to write a comment, you must provide a valid email address and your name so that we know who wrote the comment. When you submit the comment, the personal data that you transmit via the comment, in particular via your entries in the free text field, will be processed. You can find further information about cookies, in particular the storage period, in our cookie banner under “Customize privacy settings” under “Show service information”.
Data processing is carried out on the basis of your consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR after you have given your consent via our cookie banner. You can revoke your consent at any time using the appropriate settings on our cookie banner. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
3. Disclosure of personal data to third parties
We do not pass on your personal data to third parties unless:
- You have expressly given your consent to this in accordance with Article 6 Paragraph 1 Sentence 1 Letter a GDPR;
- The transfer is permitted by law and is necessary for the processing of contractual relationships with you in accordance with Article 6 Paragraph 1 Sentence 1 Letter b of the GDPR;
- There is a legal obligation to pass on personal data within the meaning of Article 6 Paragraph 1 Sentence 1 Letter c GDPR;
- The disclosure is necessary in accordance with Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your personal data.
4. Storage period
We only store your personal data for as long as is necessary to achieve the aforementioned purposes of processing or – if we have statutory retention periods that go beyond this storage period – for the duration of the legally required retention period. We will then delete your personal data. In exceptional cases permitted by law, e.g. in connection with the enforcement or defense of legal claims, your data may also be stored for longer.
5. Your rights as a user
You have the following rights regarding your personal data towards us. If you would like to exercise these rights, you can contact us using the contact form or by email at info@tomspellmusic.de.
a. Right to information (Art. 15 GDPR)
You have the right to request confirmation from us as to whether personal data concerning us is being processed; If this is the case, you have the right to information about this personal data and in particular to information about the purposes of processing; the categories of personal data being processed; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period; the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to such processing; the existence of a right to lodge a complaint with a supervisory authority; if the personal data are not collected from the data subject, all available information about the origin of the data; the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
b. Right to rectification (Article 16 GDPR)
You have the right to request that we immediately correct any inaccurate personal data relating to you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – including by means of a supplementary statement.
c. Right to deletion (Article 17 GDPR)
In accordance with the provisions of Article 17 GDPR, you can request that we delete your personal data immediately.
d. Right to restriction of data processing (Article 18 GDPR)
You have the right to request that we restrict the processing of your personal data in accordance with Article 18 of the GDPR.
e. Right to data portability (Art. 20 GDPR)
In accordance with Article 20 of the GDPR, you have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to pass this data on to another person responsible without hindrance to be transmitted by us.
f. Right to object (Art. 21 GDPR)
In accordance with Article 21 of the GDPR, you have the right to object, in particular the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you based on Article 6 paragraph 1 lit. f of the GDPR (i.e. based on our legitimate interest) to lodge an objection. We will then no longer process the personal data unless we can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
g. Prohibition of automated decisions and profiling (Article 22 GDPR)
In accordance with Article 22 of the GDPR, you have the right not to be subject to a decision based solely on automated processing – including profiling – that has legal effects on you or significantly affects you in a similar way.
We do not make automated decisions or use profiling regarding you or your personal data.
h. Right to revoke consent (Art. 7 Para. 3 GDPR)
If the processing of personal data as part of your visit to this website is based on your consent, you have the right to withdraw your consent at any time. You can send your revocation to us using the contact form or by email to info@tomspellmusic.de. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
i. Right to complain (Art. 77 GDPR)
If you believe that our processing of personal data concerning you violates applicable data protection law, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged complaint, without prejudice to any other legal remedy violation.
The contact details of the supervisory authority responsible for us are:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestr. 2-4
40213 Düsseldorf
Telefon: 0211/38424-0
Fax: 0211/38424-999
E-Mail: poststelle@ldi.nrw.de
6. Currentness and changes to this data protection declaration
This data protection declaration is up to date and currently valid. Due to the further development of our website or due to changes in legal or official requirements, we may have to adapt this data protection declaration. You can find out about the current version of our data protection declaration on this page at any time and, if necessary, access and print it out here.
7. Further data protection declarations
Data Protection Declaration Social Media