GDPR
For your information
We are very pleased about your interest in our band. Data protection is of particular importance to the members of The WyattChristmas Trio GbR. Using the website of The WyattChristmas Trio GbR is generally possible without providing any personal data. However, if a data subject wishes to use special services provided by our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to The WyattChristmas Trio GbR. By means of this data protection declaration, our band would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, The WyattChristmas Trio GbR has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed through this website. However, internet-based data transmissions may generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example, by telephone.
1. Definitions
The WyattChristmas Trio GbR’s privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy, we use, among other things, the following terms:
- a) Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
- c) Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
- e) Profiling is 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.
- f) Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) The controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be considered recipients.
- j) Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct authority of the controller or processor.
- k) Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data concerning him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
The WyattChristmas Trio GbR
Mr Andreas Müller
Kirchstraße 9
DE-41517 Grevenbroich
Germany
Tel.: +49 (0) 2181 7045635
E-Mail: info@wyattchristmas.com
Website: www.wyattchristmasfive.de
3. Cookies
The WyattChristmas Trio GbR website uses cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
By using cookies, The WyattChristmas Trio GbR can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
Cookies allow us to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details each time they visit the website because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie for a shopping cart in an online shop. The online shop remembers the items a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies by our website at any time by making the appropriate settings in the internet browser used, and thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The WyattChristmas Trio GbR website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, The WyattChristmas Trio GbR does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by The WyattChristmas Trio GbR both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
5. Contact option via the website
Due to legal regulations, the website of The WyattChristmas Trio GbR contains information that enables quick electronic contact with our band and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted voluntarily by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.
6. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the storage purpose, or as far as this is provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or other competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with legal requirements.
7. Rights of the data subject
- a) Right to confirmation. Each data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
- b) Right to information: Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about the personal data concerning him or her stored at any time, including a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following:
- the purposes of the 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; where possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration; the existence of a right to request from the controller rectification or erasure of personal data or restriction of processing of the personal data concerning the data subject or to object to such processing; the existence of a right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject: all 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 envisaged consequences of such processing for the data subject.
- c) Right to rectification. Every data subject shall have the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
- d) Right to erasure (right to be forgotten) Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning him or her without undue delay, provided that one of the following reasons applies and processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and there is no other legal ground for the processing.The data subject objects to the processing pursuant to point (a) of Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to point (2) of the GDPR.The personal data were processed unlawfully.The erasure of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.The personal data were collected in relation to the offer of information society services pursuant to point (a) of Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by The WyattChristmas Trio GbR, they can contact an member of the band at any time. The WyattChristmas Trio GbR will ensure that the erasure request is complied with immediately. If the personal data was made public by The WyattChristmas Trio GbR and our band as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, The WyattChristmas Trio GbR shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The WyattChristmas Trio GbR will arrange the necessary measures in individual cases. - e) Right to restriction of processing Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject to assert, exercise or defend legal claims.The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been verified whether the legitimate grounds of the controller override those of the data subject.
- f) Right to data portability. Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data was provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert their right to data portability, the data subject may contact The WyattChristmas Trio GbR at any time.
- g) Right to object. Every data subject has the right granted by the European legislator to object at any time to processing of personal data concerning him or her which is based on Article 6 (1) (e) or (f) of the GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions. In the event of an objection, The WyattChristmas Trio GbR will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims. If The WyattChristmas Trio GbR processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to The WyattChristmas Trio GbR processing the data for direct marketing purposes, The WyattChristmas Trio GbR will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data concerning him or her by The WyattChristmas Trio GbR for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary to perform a task carried out in the public interest. To exercise the right to object, the data subject may contact The WyattChristmas Trio GbR directly. Furthermore, in connection with the use of information society services, the data subject is free to exercise his or her right of objection by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
- h) Automated decisions in individual cases, including profiling Every person affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, The WyattChristmas Trio GbR shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decision-making, he or she may, at any time, contact any employee of the controller.
- i) Right to withdraw consent to data protection. Any data subject has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact any employee of the controller at any time.
8. Legal basis for processing
Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third parties. In that case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal grounds if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override them. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).
9. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.
10. Duration for which the personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiration of this period, the corresponding data will be routinely deleted unless it is no longer required for the fulfillment or initiation of a contract.
11. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to clarify that the provision of personal data is sometimes required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will clarify to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences non-provision of the personal data would have.
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12. Existence of automated decision-making
As a responsible band, we do not use automated decision-making or profiling.
This privacy policy has been generated by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Kempten , in cooperation with the Lawyer for IT and data protection law Christian Solmecke.