COOKIES POLICY

Deutsche Version HERE

DATA PROTECTION REGULATIONS INTRODUCTION AND TERMS

1. INTRODUCTION

In operating our website www.pokerflat-recordings.com (hereinafter referred to as "website"), we process personal data. We treat these confidentially and process them in accordance with the applicable laws - in particular the German Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG-neu). With our data protection regulations we want to inform you, which personal data we collect from you, for what purposes and on what legal basis we use it and, if applicable, to whom we disclose it. In addition we will explain to you what rights you have to protect and enforce your data protection.

2. DEFINITIONS

Our data protection provisions contain technical terms that are in the DSGVO and the BDSG-neu. For your better understanding we would like to explain these terms in simple terms in advance:

2.1 Personal data

“Personal data" is any information relating to an identified or identifiable person (Art. 4 No. 1 DSGVO). Information of an identified person can be, for example, the name or the e-mail address. However, personal data is also data for which the identity is not immediately apparent, but can be determined by combining one's own information or that of others and thus finding out who it is. A person can be identified, for example, by providing his or her address or bank details, date of birth or user name, IP addresses and/or location data. Relevant here is all information that in any way allows a conclusion to be drawn about a person.

2.2 Processing

"Processing" is understood by Art. 4 No. 2 GDPR to mean any operation in connection with personal data. This applies in particular to the collection, recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure, transmission, dissemination or other form of making available, alignment or combination, restriction, erasure or destruction of personal data.

RESPONSIBLE COMPANY

3. RESPONSIBLE PARTY

The person responsible for data processing is:
Company:  Poker Flat Recordings of Superstition Entertainment Network GmbH ("we").
Legal representative: Tobias Lampe (Managing Director)
Address: Behringstrasse 28A, 22765 Hamburg, Germany
Telephone: +49-40-7166024-44
Fax: +49 40 7166024 50
E-mail: contact@pokerflat-recordings.com

PROCESSING FRAMEWORK

4. WEBSITE

Within the framework of the website with the URL www.pokerflat-recordings.com, we process the personal data from you listed in detail below under points 5-11. We only process data from you that you actively provide on our website (e.g. by filling in forms) or that you provide automatically when using our services. Your data will only be processed by us and will not be sold, lent or passed on to third parties. If we use the help of external service providers to process your personal data, this is done within the framework of so-called order processing, in which we as the client are authorised to issue instructions to our contractors. For the operation of our website, we use external service providers for hosting as well as for maintenance, care and further development. If further external service providers are used for individual processing operations listed in sections 5-11, they will be named there. As a matter of principle, data is not transferred to third countries and this is also not planned. We will provide information on exceptions to this principle in the processing operations described below.

THE PROCESSING OPERATIONS IN DETAIL

5. PROVISION OF THE WEBSITE AND SERVER LOG FILES

5.1 Description of the processing

Every time you access the website, we automatically collect information that your browser transmits to our server. This information is also stored in the so-called log files of our system. This involves the following data:

- your IP address
- the browser software you use, as well as its version and language
- the operating system you use
- the sub-pages you call up on our website
- the date and time of your visit to our website

The temporary storage of your IP address by the system is necessary in order to be able to deliver our website to a user's device. For this purpose the user's IP address must remain stored for the duration of the session. Your IP address is only recorded in the log files shortened by the last three digits.

5.2 Purpose

The processing is carried out to enable the website to be called up and to ensure its stability and security. Furthermore, the processing serves the statistical evaluation and improvement of our online offer.

5.3 Legal basis

The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose stated in section 5.2.

5.4 Storage period
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. The log files are deleted after 30 days.

6. CONTACT FORM AND CONTACT BY E-MAIL

6.1 Description of the processing
You can contact us via the e-mail addresses provided on the website. In this case the personal data transmitted with the e-mail will be processed by us.

6.2 Legal basis
The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. b DSGVO). Our legitimate interest lies in the purpose named in section 7.2. If the e-mail contact is aimed at the conclusion or fulfilment of a contract, the data processing is carried out for the fulfilment of the contract (Art. 6 para. 1 lit. b DSGVO).

6.3 Storage period
We delete the data as soon as it is no longer required to achieve the purpose for which it was collected. This is usually the case when the respective communication with you has ended. The communication is deemed to have ended when it is clear from the circumstances that your concern has been conclusively clarified. If legal retention periods prevent deletion, the data will be deleted immediately after the legal retention period has expired.

7. COOKIES

Our data protection provisions contain technical terms that are in the DSGVO and the BDSG-neu. For your better understanding we would like to explain these terms in simple terms in advance:

7.1 Description of the processing

Our website uses cookies. Cookies are small text files that are stored on the user's terminal device when visiting a website. Cookies contain information that enables the recognition of a terminal device and possibly certain functions of a website. In most cases we only use so-called "session cookies". These are automatically deleted when you end your internet session and close the browser. Other cookies remain stored on your terminal device for a longer period of time. We use the following cookies on our website:


7.2 Purpose
We use cookies to make our website more user-friendly and to offer the functions described in section 8.1.

7.3 Legal basis
The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose named in section 8.2.

7.4 Storage period
Cookies are automatically deleted at the end of a session or at the end of the specified storage period. Since cookies are stored on your terminal device, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transfer of cookies. Cookies, that have already been stored, can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, individual functions of our website cannot be used or can only be used to a limited extent.

8. NEWSLETTER

8.1 Description of processing
We send out a newsletter at regular intervals (monthly). With the newsletter we inform you about our new releases, offers, tour dates or other interesting information regarding our releases and artists. You will only receive our newsletter, if you actively subscribe to our mailing list. You can subscribe to it by filling out and submitting a newsletter registration form on our website. To subscribe to the newsletter, you only need to enter your e-mail address. All other details (such as your first name and surname) are voluntary and are used solely to personalise the e-mails.

We use the so-called double opt-in procedure to carry out and verify newsletter registrations. Registration takes place in several steps. First you register for the newsletter on our website. You will then receive an e-mail from us at the e-mail address you provided. In this e-mail we ask you to confirm, that you have actually registered for the newsletter and wish to receive it. Confirmation takes place by clicking on a confirmation link in the e-mail. Only after successful confirmation will we add you to our newsletter distribution list and send you future e-mails. As part of the double opt-in process we save the date, time and your IP addresses both, when you register and when you confirm.

If you purchase goods or services on our website and enter your e-mail address, this may subsequently be used by us to send a so-called existing customer newsletter. In such a case only direct advertising for our own similar goods or services will be sent via the newsletter.

8.2 Purpose
The processing takes place in order to offer the newsletter function and to be able to send newsletter emails to subscribers and existing customers. The collection and storage of the date, time and IP addresses when subscribing to the newsletter serves to document the consent given and to protect against the misuse of e-mail addresses.

8.3 Legal basis
For our subscriber newsletter processing is based on consent pursuant to Art. 6 (1) lit. a DSGVO. You can access the declaration of consent on our website at any time at https://www.pokerflat-recordings.com/impressum. Your consent is voluntary. The collection and storage of date, time and IP addresses during newsletter registration is necessary to protect the overriding legitimate interests of the responsible party (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose named in section 9.2.

In the case of our newsletter for existing customers processing is carried out on the basis of Art. 6 (1) lit. f DSGVO in order to protect the overriding interests of the controller. Our legitimate interest lies in direct advertising to existing customers. This is permissible within the framework of section 7 (3) UWG, which we observe.

8.4 Storage period and revocation of consent
If you do not confirm your subscription to our newsletter within 24 hours of receiving the corresponding registration email, your data will be automatically deleted. We process your personal data for the duration of your newsletter subscription. You can cancel your subscription to our newsletter at any time by revoking your consent. A simple declaration is sufficient for this by e-mail to news@pokerflat-recordings.com, by post to Poker Flat Recordings, Behringstrasse 28A, 22765 Hamburg or by fax to +49 40 716602450. You can also unsubscribe from the newsletter by clicking on the unsubscribe link in every newsletter e-mail or here http://eepurl.com/dvAY0r. Upon revocation of your consent, you will no longer be sent newsletters and your personal data will be removed from our active mailing list. In order to enforce your revocation, we will add your e-mail address to our so-called black list in a restricted manner. In this way, we can ensure that you will not receive any newsletters from us in the future and that your email address will not be misused by third parties.

8.5 Recipients and transmission to third countries
We use the services of the newsletter provider Mailchimp to manage our newsletter distribution list and to send the emails. This takes place within the framework of order processing. Mailchimp is a service provided by The Rocket Science Group, LLC, 512 Means Street, Suite 404 Atlanta, GA 30318, USA (hereinafter referred to as "Mailchimp"). With your newsletter registration the data provided during the registration process is transferred to Mailchimp and processed on Mailchimp servers in the USA. Mailchimp has submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework. Further information on data protection at Mailchimp can be found in the service provider's privacy policy at http://mailchimp.com/legal/privacy/.

9. SOCIAL NETWORKS

9.1 Description of the processing
Certain subpages of our website contain so-called social plugins offered by the external social networks Facebook, Twitter, Instagram and Google+. When you access a page that contains such a plugin, your browser establishes a direct connection with the servers of the social network. The content of the respective social plugin is transmitted by the social network directly to your browser and displayed on our website. To prevent this we use the so-called two-click solution. We have integrated the social plugins for this on our website in such a way, that the connection of the social plugins with the servers of the social networks is interrupted by default. If you want to communicate directly with a social network on our website via the social plugin and enable an exchange of data, you must click on the respective desired social plugin and thereby activate it.

After activating a social plugin we no longer have any influence on the scope of the data collected by the respective social network. We therefore inform you according to our state of knowledge.

By activating a social plugin your IP address is transmitted to the respective social network in conjunction with the address of our website. If you are logged into the social network when you visit our website, this information will be assigned to your user account there. If you interact with an activated social plugin, e.g. by "sharing", "liking" or "retweeting" a post by means of the social plugin, this information is also transmitted directly to the respective social network and is also stored there in your user account. The social networks with which you communicate, store your data as user profiles and also use them for advertising purposes, for market research and/or for the needs-based design of their websites. You have the right to object to the creation of these user profiles. To exercise this right, you must contact the social networks directly.

9.2 Purpose
The processing is done in order to provide you with convenient user-friendly communication with the social networks.

9.3 Legal basis
The processing is necessary to protect the overriding legitimate interests of the controller (Art. 6 para. 1 lit. f DSGVO). Our legitimate interest lies in the purpose named in section 10.2.

9.4 Recipients and transfer to third countries

By activating a social plugin, your data will be transmitted to one of the following social networks:
Facebook: Meta Inc, 1601 S California Ave, Palo Alto, California 94304, USA. Further information on data protection at Facebook can be found at http://www.facebook.com/policy.php; http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications as well as http://www.facebook.com/about/privacy/your-info#everyoneinfo.

The social networks also process your personal data in the USA and have submitted to the EU-US Privacy Shield. Further information on the EU-US Privacy Shield can be found at https://www.privacyshield.gov/EU-US-Framework.

SAFETY MEASURES

10. SECURITY MEASURES
To protect your personal data from unauthorised access, we have provided our website with an SSL or TLS certificate. SSL stands for "Secure Sockets Layer" and TLS for "Transport Layer Security" and encrypts the communication of data between a website and the user's terminal device. You can recognise active SSL or TLS encryption by a small lock logo displayed on the far left of the browser's address bar.

YOUR RIGHTS

11. DATA SUBJECT RIGHTS
With regard to the data processing by our company described above you are entitled to the following data subject rights:

11.1 Information (Art. 15 DSGVO)
You have the right to request confirmation from us as to whether we are processing personal data relating to you. If this is the case, you have a right of access to this personal data and to the further information listed in Art. 15 DSGVO under the conditions set out in Art. 15 DSGVO.

11.2 Correction (Art. 16 DSGVO)
You have the right to request, that we correct any inaccurate personal data relating to you and, where applicable, complete any incomplete personal data without undue delay.

11.3 Deletion (Art. 17 DSGVO)
You have the right to demand, that we delete personal data concerning you without delay, if one of the reasons listed in detail in Art. 17 of the GDPR applies, e.g. if your data is no longer required for the purposes we pursue.

11.4 Restriction of data processing (Art. 18 DSGVO)
You have the right to request us to restrict processing, if one of the conditions listed in Art. 18 DSGVO applies, e.g. if you dispute the accuracy of your personal data, data processing will be restricted for the period of time, that allows us to verify the accuracy of your data.

11.5 Data portability (Art. 20 GDPR)
You have the right, under the conditions listed in Art. 20 GDPR, to request the return of the data concerning you in a structured, common and machine-readable format.

11.6 Withdrawal of consent (Art. 7 (3) DSGVO)
You have the right to withdraw your consent at any time in the case of processing based on consent. The revocation applies from the time it is asserted. In other words, it is effective for the future. The processing therefore does not become unlawful retroactively as a result of the withdrawal of consent.

11.7 Complaint (Art. 77 GDPR)
If you consider, that the processing of personal data concerning you infringes the GDPR, you have the right to lodge a complaint with a supervisory authority. You may exercise this right before a supervisory authority in the EU Member State of your place of residence, place of work or place of the alleged infringement.

11.8 Prohibition of automated decisions/profiling (Art. 22 GDPR)
Decisions which have legal effects concerning you or which significantly affect you, must not be based solely on automated processing of personal data - including profiling. We inform you, that we do not use automated decision-making including profiling with regard to your personal data.

11.9 Objection (Art. 21 DSGVO)
If we process your personal data on the basis of Art. 6 (1) lit. f DSGVO (for the protection of overriding legitimate interests), you have the right to object to this under the conditions listed in Art. 21 DSGVO. However this only applies insofar as there are reasons arising from your particular situation. After an objection we will no longer process your personal data, unless we can demonstrate compelling legitimate grounds for processing, that override your interests, rights and freedoms. We also do not have to stop processing if it serves the assertion, exercise or defence of legal claims. In any case - also irrespective of a specific situation - you have the right to object at any time to the processing of your personal data for direct marketing.

Stand: August 2023