Data protection declaration

This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offering"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Person responsible

Mario Ferreira
Rua Correia Teles 28A
1350-100 Lisboa
Portugal

E-mail: bms-contact [ @ ] blackmetal.shop

Owner: Mario Ferreira
Imprint: https://www.blackmetal.shop/Impressum:_:4.html
Types of data processed:

- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects

Visitors and users of the online offer (hereinafter we refer to the data subjects collectively as "users").
Purpose of processing

- Provision of the online offer, its functions and content.
- Answering contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing
Terms used

"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is considered identifiable if he or she 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 (e.g. cookie) or to one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" is any operation or set of operations carried out with or without the aid of automated procedures in connection with personal data. The term is broad and covers practically every handling of data.

"Pseudonymisation" the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.

“Profiling” means 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.

The “controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures and answer inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.
Security measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons.

The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, securing availability and separation of data. Furthermore, we have set up procedures that ensure the exercise of data subjects' rights, deletion of data and response to data threats. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
Cooperation with processors and third parties

If, as part of our processing, we disclose data to other people and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfill the contract in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transmission of data to third parties, this only occurs if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of the data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have the right, in accordance with Art. 16 GDPR, to request that the data concerning you be completed or that incorrect data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have made available to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to withdraw consent granted in accordance with Art. 7 Para. 3 GDPR with effect for the future

Right of objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

Cookies and the right of objection to direct marketing

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be saved if the user visits the site after several days. The interests of the user can also be saved in such a cookie, which is used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, they are referred to as "first-party cookies").

We can use temporary and permanent cookies and explain this in our privacy policy.

If users do not want cookies to be saved on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. Excluding cookies can lead to functional restrictions of this online service.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this online service may be available.
Deletion of data
The data we process is deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, data is retained for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 No. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3, Para. 4 HGB (commercial letters).

According to legal requirements in Austria, data is stored for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Business-related processing

In addition, we process
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.


Order processing in the online shop and customer account

We process our customers' data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as to pay for and deliver them or have them carried out.

The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies to store the shopping cart contents and permanent cookies to store the login status.

The processing is carried out on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as required is required to establish and fulfill the contract. We only disclose the data to third parties as part of delivery, payment or within the scope of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account, in which they can view their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have canceled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for commercial or tax law reasons in accordance with Art. 6 Paragraph 1 Letter c GDPR. Information in the customer account remains until it is deleted and then archived in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract if the contract is canceled.

As part of the registration and re-registration as well as the use of our online services, we save the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Paragraph 1 Letter c of GDPR.

Deletion occurs after expiry of statutory warranty and similar obligations, the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

External payment service providers

We use external payment service providers via whose platforms the users and we can carry out payment transactions (e.g., each with a link to the data protection declaration, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

As part of the fulfillment of contracts, we use the payment service providers on the basis of Art. 6 Para. 1 lit. b. GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with Art. 6 Paragraph 1 lit. f. GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as name and address, bank details, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amount and recipient-related information. The information is required to carry out the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information confirming or rejecting the payment. The payment service providers may transmit the data to credit agencies. This transmission is for the purpose of checking identity and creditworthiness. For this purpose, we refer to the terms and conditions and data protection information of the payment service providers.

The terms and conditions and data protection information of the respective payment service providers apply to the payment transactions, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and to assert revocation, information and other rights of those affected.

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks and the organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, carry out our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information given in these processing activities.

We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, we store information on suppliers, event organizers and other business partners based on our business interests, e.g. for the purpose of later contact. We generally store this data, which is mostly company-related, permanently.


Business analyses and market research

In order to be able to run our business economically and to identify market trends and the wishes of contractual partners and users, we analyse the data we have on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contractual data, payment data, usage data, metadata on the basis of Art. 6 Paragraph 1 Letter f. GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyses are carried out for the purpose of business evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g. on the services they have used. The analyses help us to increase user-friendliness, optimise our offer and make it more economical. The analyses are for our own use and are not disclosed externally, unless they are anonymous analyses with summarized values.

If these analyses or profiles are personal, they are deleted or anonymised when the user terminates the contract, otherwise after two years from the conclusion of the contract. In addition, the overall business analyses and general trend determinations are created anonymously wherever possible.

Registration function

Users can create a user account. During registration, the required mandatory information is communicated to the users and processed on the basis of Art. 6 Paragraph 1 Letter b of GDPR for the purposes of providing the user account. The data processed includes in particular the login information (name, password and an email address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users can be informed by email about information that is relevant to their user account, such as technical changes. If users have canceled their user account, their data with regard to the user account will be deleted, subject to a statutory retention period. It is the responsibility of the users to save their data before the end of the contract if the contract is canceled. We are entitled to irretrievably delete all of the user's data stored during the term of the contract.

When using our registration and login functions and the user account, we save the IP address and the time of the respective user action. The data is saved on the basis of our legitimate interests, as well as the user's interest in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.

Comments and posts

If users leave comments or other posts, their IP addresses can be saved for 7 days on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR. This is done for our security in case someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.

Furthermore, we reserve the right to process user information for the purpose of spam detection based on our legitimate interests in accordance with Art. 6 (1) lit. f. GDPR.

On the same legal basis, we reserve the right to store users' IP addresses for the duration of surveys and to use cookies to avoid multiple votes.

The data provided in comments and contributions will be stored by us permanently until the user objects.


Contacting us

When you contact us (e.g. via contact form, email, telephone or via social media), the user's details are processed to process the contact request and its processing in accordance with Art. 6 Paragraph 1 Letter b) GDPR. Users' details can be stored in a customer relationship management system ("CRM system") or comparable request organization.

We delete the requests if they are no longer required. We check the necessity every two years; statutory archiving obligations also apply.

Newsletter

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the user's consent. Our newsletters also contain information about our services and us.

Double opt-in and logging: Registration for our newsletter is carried out using a so-called double opt-in process. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. Registrations for the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for the purpose of personal addressing in the newsletter.

The newsletter is sent and the associated success measurement is based on the consent of the recipient in accordance with Art. 6 Para. 1 lit. a, Art. 7 GDPR in conjunction with Section 7 Para. 2 No. 3 UWG or, if consent is not required, on the basis of our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lit. f. GDPR in conjunction with Section 7 Para. 3 UWG.

The registration process is logged on the basis of our legitimate interests in accordance with Art. 6 Para. 1 lit. f. GDPR. Our interest is in using a user-friendly and secure newsletter system that serves both our business interests and meets the expectations of users and also allows us to provide evidence of consent.

Cancellation/Revocation - You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We can store the unsubscribed email addresses for up to three years based on our legitimate interests before we delete them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.