Privacy policy

1) Introduction and contact details of the data controller

1.1 We are delighted that you are visiting our website and thank you for your interest. Below, we provide information on how we handle your personal data when you use our website. Personal data refers to any data that can be used to identify you personally.

1.2 The data controller for this website within the meaning of the General Data Protection Regulation (GDPR) is Dirk Simmig, 12Fret Guitars, Burmesterstraße 25, 22305 Hamburg, Germany, Tel.: 015170240669, Email: info@12fret-guitars.de. The data controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2) Data collection when visiting our website

2.1 When you use our website purely for information purposes – that is, if you do not register or otherwise provide us with information – we only collect data that your browser transmits to the website server (so-called ‘server log files’). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

The page visited
Date and time of access
Amount of data transmitted in bytes
Source/referrer from which you accessed the page
Browser used
Operating system used
IP address used (where applicable: in anonymised form)

Processing is carried out in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be disclosed or used for any other purpose. However, we reserve the right to review the server log files retrospectively should there be concrete indications of unlawful use.

2.2 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the data controller), this website uses SSL or TLS encryption. You can recognise an encrypted connection by the ‘https://’ prefix and the padlock icon in your browser address bar.

3) Hosting & Content Delivery Network

Shopify

We use the system provided by the following provider to host our website and display its content: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (‘Shopify’)

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

All data collected on our website is processed on the provider’s servers. We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.

Where data is transferred to Canada, an adequate level of data protection is guaranteed by an adequacy decision issued by the European Commission.

4) Cookies

To make your visit to our website more engaging and to enable the use of certain functions, we use cookies, which are small text files stored on your device. Some of these cookies are automatically deleted when you close your browser (so-called ‘session cookies’), whilst others remain on your device for longer and enable page settings to be saved (so-called ‘persistent cookies’). In the latter case, you can find the storage period in the overview of your web browser’s cookie settings.

Where individual cookies used by us also involve the processing of personal data, such processing is carried out in accordance with Article 6(1)(b) of the GDPR either for the performance of a contract, in accordance with Article 6(1)(a) of the GDPR where consent has been given, or in accordance with Article 6(1)(f) of the GDPR to safeguard our legitimate interests in ensuring the best possible functionality of the website and a user-friendly and effective experience for visitors.

You can configure your browser so that you are informed when cookies are set and can decide on a case-by-case basis whether to accept them, or you can block the acceptance of cookies in specific cases or generally.

Please note that if you do not accept cookies, the functionality of our website may be restricted.

5) Contact

5.1 Shopify Inbox

This website uses the live chat system provided by the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland

The processing of personal data transmitted via the chat function is carried out either in accordance with Article 6(1)(b) of the GDPR, as it is necessary for the initiation or performance of a contract, or in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in providing effective support to our website visitors.
Your data transmitted in this way will be deleted, subject to any conflicting statutory retention periods, once the matter in question has been conclusively resolved.

In addition, for the purpose of creating pseudonymised usage profiles using cookies, further information may be collected and analysed; however, this information does not serve to identify you personally and is not merged with other data records. Where this information is personally identifiable, processing takes place in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in the statistical analysis of user behaviour for optimisation purposes.

The setting of cookies can be prevented by adjusting your browser settings accordingly. However, this may restrict the functionality of our website.
You may object to the collection and storage of data for the purpose of creating a pseudonymised user profile at any time, with effect for the future.

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.

Where data is transferred to Canada, an adequate level of data protection is guaranteed by an adequacy decision issued by the European Commission.

5.2 When you contact us (e.g. via the contact form or by email), personal data is processed – solely for the purpose of handling and responding to your enquiry and only to the extent necessary for this purpose.

The legal basis for the processing of this data is our legitimate interest in responding to your enquiry in accordance with Article 6(1)(f) of the GDPR. If your enquiry is aimed at entering into a contract, the additional legal basis for the processing is Article 6(1)(b) of the GDPR. Your data will be deleted once it is clear from the circumstances that the matter in question has been conclusively resolved, provided that there are no statutory retention obligations to the contrary.

6) Comment function

When using the comment function on this website, in addition to your comment, details of the time the comment was posted and the username you have chosen will be stored and published on this website. Furthermore, your IP address is also logged and stored. This IP address is stored for security reasons and in the event that the data subject infringes the rights of third parties through a comment posted or publishes unlawful content. We require your email address so that we can contact you should a third party complain that your published content is unlawful.

The legal basis for the storage of your data is Article 6(1)(b) and (f) of the GDPR. We reserve the right to delete comments if they are reported as unlawful by third parties.

7) Data processing when opening a customer account

In accordance with Article 6(1)(b) of the GDPR, personal data will continue to be collected and processed to the extent necessary if you provide it to us when opening a customer account. You can see which data is required to open an account in the input fields of the relevant form on our website.

You may delete your customer account at any time by sending a message to the above-mentioned address of the data controller. Following the deletion of your customer account, your data will be deleted provided that all contracts concluded in connection with it have been fully settled, there are no statutory retention periods preventing this, and we no longer have a legitimate interest in continuing to store the data.

8) Use of customer data for direct marketing

8.1 Subscription to our email newsletter

If you subscribe to our email newsletter, we will send you regular updates on our offers. The only mandatory information required to receive the newsletter is your email address. The provision of any further data is voluntary and is used to enable us to address you personally. We use the so-called ‘double opt-in’ procedure to send the newsletter, which ensures that you will only receive the newsletter once you have expressly confirmed your consent to receive it by clicking on a verification link sent to the email address you provided.

By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Article 6(1)(a) of the GDPR. In doing so, we store your IP address as recorded by your Internet Service Provider (ISP), as well as the date and time of registration, so that we can trace any potential misuse of your email address at a later date. The data we collect when you subscribe to the newsletter is used strictly for the intended purpose.

You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the data controller named at the beginning of this notice. Once you have unsubscribed, your email address will be deleted immediately from our newsletter distribution list, unless you have expressly consented to the continued use of your data or we reserve the right to use your data for other purposes that are permitted by law and about which we inform you in this statement.

8.2 Shopify Email

Our email newsletters are sent via this provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provide when subscribing to the newsletter to this provider in accordance with Article 6(1)(f) of the GDPR, so that they can handle the dispatch of the newsletter on our behalf.

Subject to your express consent in accordance with Article 6(1)(a) of the GDPR, the provider also carries out a statistical evaluation of the success of newsletter campaigns using web beacons or tracking pixels in the emails sent, which can measure open rates and specific interactions with the newsletter’s content. In doing so, device information (e.g. time of access, IP address, browser type and operating system) is also collected and analysed, but is not combined with other data sets.
You may withdraw your consent to newsletter tracking at any time with future effect.

We have entered into a data processing agreement with the provider which protects the data of our website visitors and prohibits its disclosure to third parties.

In the event of data transfers to Canada, an adequate level of data protection is guaranteed by an adequacy decision issued by the European Commission.

9) Data processing for order fulfilment

9.1 Where necessary for the performance of the contract for the purposes of delivery and payment, the personal data we collect will be disclosed to the contracted transport company and the contracted bank in accordance with Article 6(1)(b) of the GDPR.

Where we are obliged, on the basis of a relevant contract, to provide updates for goods containing digital elements or for digital products, we process the contact details you provided when placing your order in order to inform you personally in accordance with our statutory information obligations under Article 6(1)(c) of the GDPR. Your contact details will be used strictly for the specific purpose of sending notifications regarding updates we are obliged to provide and will be processed by us for this purpose only to the extent necessary for the provision of the relevant information.

To process your order, we also work with the service provider(s) listed below, who assist us, either wholly or in part, in the performance of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

9.2 ;Disclosure of personal data to delivery service providers

- Deutsche Post

We use the following provider as our transport service provider: Deutsche Post AG, Charles-de-Gaulle-Straße 20, 53113 Bonn, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to delivery of the goods for the purpose of arranging a delivery date or notifying you of the delivery, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the provider. This information is only passed on to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the provider in advance or to receive a delivery notification.

Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
- DHL

We use the following transport service provider: DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to the delivery of the goods for the purpose of arranging a delivery date or providing a delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the provider. This information is only passed on to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the provider in advance or to provide a delivery notification.

Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
- DHL Express

We use the following transport service provider: DHL Express Germany GmbH, Heinrich-Brüning-Str. 5, 53113 Bonn, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to the delivery of the goods for the purpose of arranging a delivery date or providing a delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the carrier. This information is only passed on to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the carrier in advance or to provide advance notice of delivery.

Consent may be withdrawn at any time with future effect by notifying the data controller named above or the provider.
- DPD

We use the following provider as our transport service provider: DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg, Germany

Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
- GLS

We use the following transport service provider: General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1–7, 36286 Neuenstein, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to the delivery of the goods for the purpose of arranging a delivery date or notifying you of the delivery, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the provider. This information is only passed on to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the provider in advance or to provide a delivery notification.

Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
- Hermes

We use the following transport service provider: Hermes Logistik Gruppe Deutschland GmbH, Essener Straße 89, 22419 Hamburg, Germany

Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.
- UPS

We use the following transport service provider: United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss, Germany

We will pass on your email address and/or telephone number to the provider in accordance with Article 6(1)(a) of the GDPR prior to the delivery of the goods for the purpose of arranging a delivery date or providing a delivery notification, provided that you have given your express consent to this during the ordering process. Otherwise, for the purpose of delivery in accordance with Article 6(1)(b) of the GDPR, we will only pass on the recipient’s name and the delivery address to the supplier. This information is only passed on to the extent necessary for the delivery of the goods. In this case, it is not possible to arrange a delivery date with the supplier in advance or to provide a delivery notification.

Consent may be withdrawn at any time with future effect by contacting the data controller named above or the supplier.

9.3 Electronic withdrawal function for distance contracts

Consumers who conclude contracts on this website for which a statutory right of withdrawal applies have the option of exercising their right of withdrawal via an electronic withdrawal function in accordance with the applicable withdrawal provisions.

We use a solution provided by the following provider to make the electronic withdrawal function available: Revoq Jonas Busch (sole trader) Hofstraße No. 2–4 51061 Cologne, Germany.

When using the withdrawal function, in addition to details identifying the contract to be withdrawn from, further personal information such as the consumer’s first name, surname and email address must be provided or confirmed.

This information is first collected by the provider on the basis of our legitimate interest in a user-friendly, stable and process-optimised solution in accordance with Article 6(1)(f) of the GDPR; it is then used to confirm receipt of the notice of withdrawal on our behalf by email; and finally, it is transmitted to us. We subsequently process the information transmitted to ensure the withdrawal is properly handled in accordance with Article 6(1)(b) and Article 6(1)(c) of the GDPR, based on our legal obligation to provide an electronic withdrawal function for consumer distance contracts subject to a fee.

The information collected by the provider is routinely deleted once a withdrawal has been fully processed, provided that there are no statutory retention obligations to the contrary.

We have entered into a data processing agreement with the provider which protects data processed in connection with the withdrawal function and prohibits unauthorised disclosure to third parties.

10) Web analytics services

10.1 Shopify Analytics

This website uses the web analytics service provided by the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland

Data is also transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

Using cookies and/or similar technologies (tracking pixels, web beacons, algorithms for reading device and browser information), the service collects and stores pseudonymised visitor data, including information about the device used, such as the IP address and browser information, in order to analyse usage behaviour on our website for statistical purposes and to create pseudonymised user profiles. Pseudonymisation fundamentally precludes any direct link to an individual. No merging takes place with personally identifiable data collected by other means.

All processing operations described above, in particular the reading or storage of information on the device used, are carried out only if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may withdraw your consent at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website.

We have entered into a data processing agreement with the provider, which protects the data of our website visitors and prohibits its disclosure to third parties.

Where data is transferred to Canada, an adequate level of data protection is ensured by an adequacy decision of the European Commission.

10.2 Shopify Network Intelligence

This website uses the ‘Shopify Network Intelligence’ feature provided by the following provider: Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (‘Shopify’)

Through this feature, certain customer data (order and search histories, location information and transaction details), where collected, is automatically transmitted to Shopify in pseudonymised form, processed by Shopify and then used for statistical and analytical purposes.

The analysis results may also include pseudonymised data from customers of other Shopify merchants; however, no merchant is granted individual access to these third-party data sets outside their own customer base.

Shopify does not gain access to unmasked data during processing, but automatically encrypts the information during the transmission process using a special algorithm.

The processing is carried out in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in the statistical evaluation of our shop’s reach and the acceptance of our offering for optimisation purposes.

As part of the above-mentioned processing, data may also be transferred to: Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada

We have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.

Where data is transferred to Canada, an adequate level of data protection is guaranteed by an adequacy decision issued by the European Commission.

Further details regarding the processing activities mentioned above can be found in Shopify’s Privacy Policy: https://www.shopify.com/de/legal/privacy/consumers?country=de&lang=de

11) Website features

YouTube

This website uses plugins to display and play videos from the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland

Data may also be transferred to: Google LLC, USA

When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the provider’s servers at the latest when the video is played, in order to load the content. In doing so, certain information, including your IP address, is transmitted to the provider.

If the playback of embedded videos is started via the plugin, the provider also uses cookies to collect information about user behaviour, compile playback statistics and prevent misuse.

If you are logged into a user account with the provider whilst visiting the page, your data will be directly associated with your account when you click on a video. If you do not wish your data to be associated with your account, you must log out before clicking the play button.

All the aforementioned processing activities, in particular the setting of cookies to read information from the device you are using, take place only if you have given us your explicit consent in accordance with Article 6(1)(a) of the GDPR. You may withdraw the consent you have given at any time with future effect by deactivating this service via the ‘Cookie Consent Tool’ provided on the website.

For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which, on the basis of an adequacy decision by the European Commission, ensures compliance with European data protection standards.

12) Tools and Miscellaneous

12.1 Lexware Office

We use the cloud-based accounting software service provided by the following supplier to carry out our bookkeeping: Haufe-Lexware GmbH & Co. KG, Munzinger Straße 9, 79111 Freiburg, Germany

The provider processes incoming and outgoing invoices, as well as our company’s bank transactions where applicable, in order to automatically record invoices, match them to the relevant transactions and, through a semi-automated process, prepare the financial accounts.

Where personal data is also processed in this context, such processing is carried out on the basis of our legitimate interest in the efficient organisation and documentation of our business processes in accordance with Article 6(1)(f) of the GDPR.

12.2 WISO

For the purposes of bookkeeping, we use the cloud-based accounting software service provided by the following provider: Buhl Data Service GmbH, Am Siebertsweiher 3/5, 57290 Neunkirchen, Germany

12.3 Cookie Consent Tool

This website uses a so-called ‘Cookie Consent Tool’ to obtain valid user consent for cookies and cookie-based applications that require consent. The ‘Cookie Consent Tool’ is displayed to users when they visit the page in the form of an interactive user interface, on which consent for specific cookies and/or cookie-based applications can be granted by ticking the relevant boxes. When the tool is used, all cookies and services requiring consent are only loaded if the user in question grants the relevant consent by ticking the appropriate boxes. This ensures that such cookies are only set on the user’s device once consent has been given.

The tool sets technically necessary cookies to store your cookie preferences. Personal user data is not processed in this context as a matter of principle.

Should the storage, assigning or logging cookie settings does result in the processing of personal data (such as the IP address), this is carried out in accordance with Article 6(1)(f) of the GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and, consequently, in the legally compliant design of our website.

A further legal basis for the processing is Article 6(1)(c) of the GDPR. As the data controller, we are subject to the legal obligation to make the use of technically non-essential cookies conditional upon the user’s consent.

Where necessary, we have entered into a data processing agreement with the provider, which ensures the protection of our website visitors’ data and prohibits unauthorised disclosure to third parties.

Further information on the operator and the settings options for the cookie consent tool can be found directly in the relevant user interface on our website.

13) Rights of the data subject

13.1 Under current data protection law, you have the following rights as a data subject (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data; please refer to the legal basis cited for the respective conditions for exercising these rights:

Right of access pursuant to Article 15 of the GDPR;
Right to rectification pursuant to Article 16 of the GDPR;
Right to erasure pursuant to Article 17 of the GDPR;
Right to restriction of processing pursuant to Article 18 of the GDPR;
Right to be informed pursuant to Article 19 of the GDPR;
Right to data portability pursuant to Article 20 of the GDPR;
Right to withdraw consent pursuant to Article 7(3) of the GDPR;
Right to lodge a complaint pursuant to Article 77 of the GDPR.

13.2 RIGHT TO OBJECT

IF, AS PART OF A BALANCING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO SUCH PROCESSING WITH EFFECT FOR THE FUTURE ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION. WE RESERVE THE RIGHT TO CONTINUE PROCESSING, HOWEVER, IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS NECESSARY FOR THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE THIS RIGHT AS DESCRIBED ABOVE.

If you exercise your right to object, we will cease processing the relevant data for direct marketing purposes.

14) Duration of storage of personal data

The duration for which personal data is stored is determined by the relevant legal basis, the purpose of processing and – where applicable – additionally by the relevant statutory retention period (e.g. retention periods under commercial and tax law).

Where personal data is processed on the basis of explicit consent in accordance with Article 6(1)(a) of the GDPR, the data in question will be retained until you withdraw your consent.

Where statutory retention periods apply to data processed in the context of contractual or quasi-contractual obligations on the basis of Article 6(1)(b) of the GDPR, such data will be routinely deleted upon expiry of the retention periods, provided that it is no longer required for the performance of a contract or for entering into a contract and/or we no longer have a legitimate interest in continuing to store it.

Where personal data is processed on the basis of Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(1) of the GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims.

Where personal data is processed for the purposes of direct marketing on the basis of Article 6(1)(f) of the GDPR, this data will be stored until you exercise your right to object under Article 21(2) of the GDPR.

Unless otherwise specified in the other information contained in this statement regarding specific processing situations, stored personal data will otherwise be erased when it is no longer necessary for the purposes for which it was collected or otherwise processed.