Data protection

DATA PROTECTION

Data protection information of SOMM - Society Of Music Merchants e. V.
(Status: 07.02.2025)

This privacy policy provides information about the personal data we collect when you use our website www.somm.eu, www.emia-music.eu and www.somm-dealer-days.eu and the purpose for which the data is used. You can access this information here at any time.

When you visit our websites, we collect data linked or linkable to your person in certain contexts. Some of this data is already visible to SOMM - Society Of Music Merchants e. V. when you access the site, and some of this information is collected when you provide it to us. In the following, we would like to inform you about the purpose for which we collect this data and how we use it.

Introduction

SOMM - Society Of Music Merchants e.V. takes the privacy of users of its website(s) and/or mobile website(s) very seriously and is committed to protecting the information that users provide to SOMM in connection with the use of our website(s) and/or mobile website(s) (digital assets). We are also committed to protecting and using your information in accordance with applicable law.

This Privacy Policy explains SOMM's practices with respect to the collection, use and disclosure of information through the use of the Digital Assets when users access the Services through their devices.

Users should read this Privacy Policy carefully and ensure that they fully understand the practices regarding User information before using the Services. If Users have read and fully understood this policy and do not agree with the practices, they must stop using the Digital Assets and Services. By using the Services, Users accept the terms of this Privacy Policy. Continued use of the Services constitutes acceptance of this Privacy Policy and any changes to it.

What are personal data?

According to Art. 4 No. 1 GDPR, personal data is all data and information that can be associated with you personally (user), such as your name, address, email address, telephone number and user behaviour. It also includes any information relating to an identified or identifiable natural person, such as an identification number.

When is the processing of personal data legally permitted?

According to Art. 6 of the EU General Data Protection Regulation (GDPR), the processing of personal data is lawful in the following cases, among others:

- If you have given us your consent to do so (Art. 6 para. 1 sentence 1 letter a GDPR).

- If the processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract (Art. 6(1)(1)(b) GDPR).

- If the processing is necessary for compliance with a legal obligation to which we are subject (Art. 6 para. 1 sentence 1
lit. c GDPR).

- If the processing is necessary for the purposes of the legitimate interests pursued by us or a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data (Art. 6 para. 1 sentence 1 lit. f GDPR).

In addition to the purposes we pursue with the data collection, we will indicate below the legal basis on which we base the data processing.

I. Responsible authority/contact

1. Responsible authority within the meaning of Art. 4 para. 7 GDPR:

SOMM – Society Of Music Merchants e. V.
Hardenbergstraße 9a
D-10623 Berlin

Authorised representative President: Dipl.-Kfm. Joachim F. Stock
Phone: +49 (30) 85 74 74 8 -0
Fax: +49 (30) 85 74 74 8 -55
E-mail: somm [at] somm.eu
Internet: www.somm.eu

If you have any questions or suggestions regarding data protection, you are welcome to contact us by e-mail at somm [at] somm.eu. You can contact our data protection officer as follows: datenschutzbeauftragter [at] somm.de.

2. You can contact our Data Protection Officer by email at somm [at] somm.eu or by post at our address above, adding 'Data Protection Officer'.

II. Data collected when users visit our website

1. Data collection when accessing our website(s)

(1) If users access our website solely to obtain information (i.e. if you do not register or otherwise provide us with information about yourself, e.g. by filling in a form), we only collect the personal data that your browser sends to our server. When you visit our website, we collect information that is technically necessary to display the website to you and to ensure its stability and security. These are

- IP address

- Date and time of the enquiry

- Time zone difference to Greenwich Mean Time (GMT)

- Content of the request (specific site)

- Access status/http status code

- the amount of data transferred in each case

- Website from which the request originates

- Browser

- Operating system and its interface

- Language and version of the browser software

- We also store the aforementioned data in the log files of our system. This data is not stored together with other data relating to you.

(2) The temporary storage of the IP address by our system is necessary to improve the stability and functionality of the website and for troubleshooting purposes. The legal basis for this is Art. 6 para. 1 sentence 1 letter f GDPR.

(3) The aforementioned data will be deleted as soon as their storage is no longer necessary to fulfil the purpose for which they were collected. In the case of the provision of the website, this is the case after the end of the visit to the site. The log files will be deleted after a maximum of 30 days.

(4) The following additional information about the use of a Wix site is made available to users when they visit the website(s). SOMM - Society Of Music Merchants e. V. uses the services of Wix.com Limited. Wix.com is a cloud-based online platform for building HTML5 websites and mobile websites. The website builder allows you to integrate features developed by Wix or third parties into your own website. Wix operates on a freemium business model.

(4.1) Wix.com is committed to protecting the privacy of its visitors and users. Therefore, this privacy policy (‘Privacy Policy’) explains how Wix.com Ltd. and its affiliates worldwide (‘Wix’, ‘we’, ‘our’ or ‘us’) collects, uses and shares your personal information. It also provides explanations regarding any data rights you may have over that personal data. This Privacy Policy applies to all users of Wix, including unregistered visitors, registered users and premium users (collectively, ‘Users’, ‘you’ or ‘your’) and to all Wix services, including our websites (including www.wix.com and all subdomains, among others, the ‘Website’), web applications (‘Wix Apps’), mobile applications (‘Mobile Apps’) and related services (collectively, the ‘Services’). This Privacy Policy is not intended to override any contractual clauses of any kind that you have entered into with us, nor any rights under other applicable data protection laws.

Please read this policy and make sure you fully understand our practices regarding your personal data before accessing or using our services. If you have read and fully understood this policy and do not agree with our practices, you must leave this website immediately and stop using our services. If you have any questions or concerns about this Policy, please contact Wix here.

(4.2) Further information on how Wix handles user data when visiting our website can be found at the following link https://de.wix.com/about/privacy.

2. Use of cookies

(1) Our website uses cookies. These are small text files that are stored in your browser or by your browser in your computer system. Based on the character string contained in the cookie, your browser can be uniquely identified when you visit our website again.

(2) We use both temporary and permanent cookies.

a) Scope and function of temporary cookies: Transient cookies are automatically deleted when the browser is closed. These include session cookies. Session cookies store a session ID that can be used to associate different requests from your browser with the same session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.

b) Scope and function of persistent cookies: Persistent cookies are automatically deleted after a set period of time, which may vary depending on the cookie. You can delete cookies at any time through your browser's security settings.

(3) We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you would have to re-register each time you visit. The legal basis for the processing of personal data using cookies is Art. 6 par. 1 sentence 1 letter f GDPR.

(4) You can set your browser to notify you when cookies are set, to accept cookies on a case-by-case basis, or to refuse cookies altogether. Cookies that have already been stored can be deleted at any time. If you would like to make the appropriate settings for your browser, please note that the way in which cookie settings are managed varies from browser to browser. Please refer to your browser's "Help" menu for instructions on how to change your cookie settings. These can be found by following the links below for each browser:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Blockor-allow-cookies
Safari: https://support.apple.com/kb/ph21411?locale=de_DE
Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Opera: https://help.opera.com/de/latest/web-preferences/#cookies

If you choose not to accept cookies, the functionality of our website may be limited.

(5) Your cookie settings.

3. Web analysis by Wix.com

(1) We use the service of Wix.com Limited Websites on our website. This service also includes the analysis of our users' surfing behaviour. Further information on how Wix.com handles your data can be found at the following link.

4. Integration of YouTube videos

(1) In some areas of our website we may include YouTube videos. These are stored on the youtoube.com portal and can be played directly from our website.

(2) When users visit the website, YouTube receives information that you have accessed the relevant subpage of our website. In addition, the information described in sections II.1. and 2. of this Privacy Policy will be transmitted. This occurs regardless of whether YouTube provides a user account through which you are logged in or whether no user account exists. If you are signed in to Google, your information will be associated directly with your account. If you do not want your information associated with your YouTube profile, you must sign out before activating the appropriate button. YouTube stores your data in the form of usage profiles and uses them for advertising, market research and/or website customisation purposes. In particular, such analysis is used (even for users who are not logged in) to provide tailored advertising and to inform other users of the social network about your activities on our site. You have the right to object to the creation of these user profiles, and you must contact YouTube to exercise this right.

(3) If users would like more information about the purpose and scope of the data collection, they can access it directly in the YouTube Privacy Policy. You can also find more information about your rights and privacy control options at http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the US and has signed up to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

5. Integration of Google Maps
(1) In some areas of our website, we may integrate Google Maps. This allows us to show you interactive maps directly on the website and enables you to use the map function.

(2) When you visit the website, Google receives the information that you have accessed the corresponding subpage of our website. The above data will also be transmitted. This is the case regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are signed in to Google, your information will be associated with your account. If you do not want your information associated with your Google profile, you must sign out before enabling the opt-out button. Google will store your information in the form of a usage profile and use it for the purposes of advertising, market research and/or website customisation. In particular, such analysis is carried out (even for users who are not logged in) in order to provide customised advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, in which case you must contact Google to exercise this right.

(3) You can find more information about the purpose and scope of the data collection and its processing by the provider of the plugin in the provider's privacy policy. You can also find more information about your rights in this regard and how to set your privacy preferences at http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the US and has signed up to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

III. Data collection when you contact us

(1) If you contact us by telephone, letter or e-mail or by using a contact form provided by us, the data you provide (your e-mail address and, if applicable, your name, address and telephone number) will be stored by us in order to process your enquiry and, if necessary, to answer any questions you may have

(2) The legal basis for this is Art. 6 para. 1 sentence 1 letter f GDPR. If the purpose of contacting us is to enter into a contract with us, the legal basis is also Art. 6 para. 1 sentence 1 letter b GDPR.

(3) We will delete the data as soon as it is no longer necessary to store it, or we will restrict the processing if there is a legal obligation to retain the data.

IV. Data collection when you order a newsletter or in the case of newsletters/press releases following a previous order

(1) Via our website you can subscribe to a free newsletter which we use to inform you about our offers, news and current activities. The individual contents of the newsletter are specified in the respective declaration of consent.

(2) As part of the registration process, your email address will be provided to us (mandatory field). If you provide us with further personal data, this is voluntary and serves the purpose of addressing you personally.

(3) Once we have received your registration, we will send you an email to the email address you have provided, asking you to confirm that you wish to receive the newsletter (so-called double opt-in procedure). If you do not confirm your registration within 48 hours, we will block your details and automatically delete them after one month. We also store your IP address and the time of registration and confirmation. The purpose of this is to be able to prove your registration and to clarify any misuse of your personal data.

(4) After you have confirmed your subscription to the newsletter, we store your e-mail address for the purpose of sending you the newsletter. The legal basis for this is Art. 6 para. 1 sentence 1 letter a GDPR.

(5) You can revoke your consent to receive the newsletter at any time with effect for the future and unsubscribe from the newsletter. You can unsubscribe by clicking on the link provided in each newsletter or by sending us an email to somm [at] somm.eu [you may also check our service by which we send messages and use this email].

(6) We will store your email address for the period during which you have not objected to its use for the purpose of sending the newsletter and during which we regularly send you our newsletter.

V. Data processing for the purpose of using postal and e-mail addresses for advertising purposes

(1) If you order goods or services from us verbally (e.g. by telephone) or by letter, fax or e-mail and we obtain your e-mail address in this connection, we will also use this e-mail address to offer you similar goods or services (Section 7 (3) UWG). We also use the postal address provided to send you offers and further information about our products and services. The legal basis for these uses is Art. 6 para. 1 sentence 1 letter f GDPR.

(2) We will store your email address for as long as you have not objected to its use for the purpose of sending you the newsletter and we will regularly send you our newsletter.

(3) You may object to the use of your email address for the aforementioned purposes at any time. You can unsubscribe by clicking on the unsubscribe link in each newsletter or by sending an email to somm [at] somm.eu (you will not incur any costs other than the basic postage).

VI. Data processing for advertising purposes after termination of membership

(1) Even after termination of your SOMM membership or your participation in an event organised by SOMM - Society of Music Merchants e.V., we will store certain data about your company (company name, company address, telephone number) in order to contact you by letter and telephone and to inform you about our services, offers and renewed membership of the Börsenverein

(2) The legal basis for this is Art. 6 para. 1 sentence 1 letter f GDPR

VII. Right to object

(1) You have the right to object to the processing of your personal data for the purposes of direct marketing or data analysis.

(2) If we process your data to protect legitimate interests, you may object to this processing if there are reasons arising from your particular situation that speak against the processing of the data.

VIII. Data processing in connection with applications for membership of the SOMM - Society Of Music Merchants e. V. and in connection with membership

(1) In connection with applications for membership of the SOMM - Society Of Music Merchants e. V., we request, in addition to data on the company applying for membership (company data), data on the applicant as owner, employee and/or any organs of the applicant company, as well as other information required for the assessment procedure and membership. Such information includes, in particular, the first name and surname of the person applying for membership, the first name and surname of the organs or authorised representatives of the applicant company, the company address and any other addresses of branches or subsidiaries, the e-mail address of the company and of the natural person applying, as well as data on the chosen method of payment of the membership fee for which membership is being applied for (bank details), your main profession.

(2) The purpose of data processing is to check whether the requirements for admission to the SOMM - Society Of Music Merchants e. V. are met and, if admission is granted, to implement membership in the SOMM - Society Of Music Merchants e. V. The legal basis is Art. 6 para. 1 sentence 1 letter b EU GDPR.

(3) If you are accepted as a member of the SOMM - Society Of Music Merchants e. V., some of the information you provide in your membership application and self-assessment will be published by us and in the address book of the SOMM - Society Of Music Merchants e. V. in the annual report and on the website. This includes your company name, the name of the owner or partners, the representative, the e-mail address, telephone number, fax number, address, the URL of your website, your VAT number and the main areas of activity of the company. The purpose of the data processing is to inform the MI sector of your membership of the association and of the data relating to your business activity and to enable active companies to contact each other. The legal basis is Art. 6 par. 1 sentence 1 letter f GDPR.

(4) We will delete the data as soon as it no longer needs to be stored, or we will restrict the processing if there is a legal obligation to retain the data.

IX. Data collection when you contact us as an employee or representative of a member company

(1) When you contact us as an employee or representative of a member company, the data you provide (your e-mail address, your name, your telephone number, the address of the member company for which you work, your position in the member company) will be stored by us in order to process your request and to be able to contact you later in connection with matters relating to the SOMM - Society Of Music Merchants e. V. or its member companies. In addition, we record the reason for and the subject of your enquiry in order to compile statistics and to optimise our services and service quality.

(2) The legal basis for this is Art. 6 para. 1 sentence 1 letter f GDPR.

(3) With the exception of data collected for statistical purposes and to optimise our services and service quality, we will also transfer your data to the national association to which your company belongs. The legal basis for this is Art. 6 par. 1 sentence 1 letter f GDPR.

(4) We will delete the data as soon as it no longer needs to be stored, or we will restrict the processing if there is a legal obligation to retain the data.

X. Data processing when you register for the members' area

(1) When you register for the members' area of our website, we ask you for certain personal data. Some fields in the registration form are marked as mandatory and must be completed in order to register and subsequently access the member area. Such mandatory fields are your first and last name, your email address and the traffic number/member number of the member company for which you are registering. All other information is voluntary and serves to enable and personalise our communication with you.

(2) The purpose of the data collection is the registration and the subsequent opening of the member area. The legal basis is Art. 6 para. 1 sentence 1 letter b GDPR.

(3) Additional information (not mandatory)

- Date of birth
- Telephone number
- Fax number
- Mobile phone number
- Position in your company
- Field of activity in the company
- Fields of interest and knowledge
- Contacts (network)

The legal basis for the display of this voluntary information to SOMM is your consent declared by making the corresponding entry in the settings, Art. 6 para. 1 sentence 1 letter a GDPR. You can revoke your consent at any time with effect for the future by cancelling the entry or its release.

(4) If you register for the members' area, you can use the account you have created to access the information and functions stored in the members' area on an ongoing basis. You do not need to repeatedly enter your data, which will be stored by us until you cancel your registration. Your cancellation will take effect in the future.

XI. Data processing when using 'Zoom' (online meetings, telephone/video conferencing and webinars)

(1) We use the Zoom tool from Zoom Video Communications Inc. to organise online meetings, teleconferences and webinars.

(2) We are responsible for data processing as directly related to the organisation of online meetings, teleconferences, video conferences and webinars. If you access the 'Zoom' website directly, 'Zoom' is responsible for data processing. It may be necessary to access the 'Zoom' website directly in order to download the software required to use 'Zoom' or to use 'Zoom' directly through your browser.

(3) When using ‘Zoom’, the following personal data is processed:

- User details: first name, surname, email address and telephone number (optional), password (if the single sign-on option is not used), profile picture (optional) and department (optional);
- Meeting data: Topic, IP address of the participant, information on the hardware used, description (voluntary);
- Recordings: Audio-video recordings, texts of online chats;
- Telephone dialling: incoming and outgoing telephone number, country, start and end time, IP address of the device if applicable;
- Audio-visual data, text data: Display and logging of text entries for chat, question or survey functions, processing of data that you transmit via cameras or microphones that you have enabled (voluntary).

(4) If we intend to record online meetings, telephone or video conferences and webinars, we will notify you in advance and ask for your consent, if required. You will be notified in 'Zoom' if a recording is being made. The content of a chat may also be recorded. In the case of webinars, participants' questions may also be recorded and logged for follow-up purposes.

(5) Insofar as 'Zoom' is used in the context of or for the purpose of an employment relationship, the legal basis for data processing is § 26 BDSG. In addition, 'Zoom' may be used because we have a legitimate interest in the effective organisation of online meetings, telephone or video conferences or webinars; the legal basis for data processing is then Art. 6 par. 1 sentence 1 letter f GDPR. If 'Zoom' is used for the fulfilment of contracts, the legal basis is Art. 6 para. 1 sentence 1 letter b GDPR.

(6) 'Zoom' is provided by Zoom Video Communications Inc. based in the USA, whose privacy policy can be found here: https://zoom.us/docs/de-de/privacy-and-legal.html. This means that personal data will also be processed in a third country. We have entered into an agreement with Zoom Video Communications Inc. for order processing in accordance with Art. 28 GDPR. An adequate level of data protection is guaranteed by the conclusion of so-called EU standard contract clauses. In addition, we have made settings in our 'Zoom' configuration to ensure that only data centres in the European Union (EU), the European Economic Area (EEA) or secure third countries such as Canada or Japan are used to conduct online meetings, telephone or video conferences or webinars.

XII. Processing of data by external service providers

We sometimes use external service providers to process your data. These have been carefully selected and engaged by us, are bound by our instructions and are regularly monitored.

XIII. Recipients of data for promotions, events and the like with partners

(1) We may disclose your personal data to third parties if we offer or carry out promotions, events, competitions, contracts or similar services together with partners. You will receive more detailed information about this when you provide your personal data.
(2) If our partner is based in a country outside the European Economic Area, we will inform you of the consequences of this circumstance in the description of the relevant offer.

XIV. Other Recipients of Personal Data

We may disclose your personal data to other recipients, such as authorities to comply with legal reporting obligations (e.g. tax authorities, social security authorities or law enforcement authorities).

XV. Your data protection rights

(1) You may request information about the data we hold about you at the address set out in I above. You may also request that we correct any inaccurate information we hold about you. You also have the right to request the completion of your personal data, taking into account the purposes of the processing, if we have stored incomplete data. You may also request the deletion of your data under certain conditions. You may also have the right to restrict the processing of your data and the right to receive the data provided by you in a structured, commonly used and machine-readable format.
(2) You have the right to lodge a complaint with a data protection authority. The data protection authority responsible for us is Berlin Commissioner for Data Protection and Freedom of Information, Alt-Moabit 59-61, 10555 Berlin.

XVI. Duration of Data Retention; Reference to Tax and Commercial Retention Obligations

(1) Unless otherwise stated in this Privacy Policy, we will delete your personal data as soon as it is no longer required for the purposes stated.

(2) We may retain personal data for the period during which claims may be asserted against us (statutory limitation period of up to three years). The legal basis for this is Art. 6 para. 1 sentence 1 letter f GDPR.

(3) We will also store your personal data if we are legally obliged to do so. Such obligations to provide evidence and keep records arise, for example, from the German Commercial Code or tax regulations and provide for periods of up to ten years. The legal basis for this is Art. 6 para. 1 sentence 1 lit. c GDPR.

XVI. Declarations of consent

You may have expressly given us the following consent(s):
I agree to receive the SOMM - Society Of Music Merchants e. V. newsletter. I can revoke my consent at any time with effect for the future by sending a message to somm [at] somm.eu (or by clicking on the 'Unsubscribe' link at the end of the newsletter). I have read the privacy policy.

NETIQUETTE

SOMM - Society Of Music Merchants e.V. represents the interests of an industry that is open to everyone with a passion for musical instruments, equipment and sheet music - regardless of gender and gender identity, sexual orientation and identity, disability, ethnic origin, nationality, age, language, religion or ideology. We are committed to ensuring that the MI sector represents diverse voices and perspectives in society. We also aim to promote cultural diversity and peaceful, democratic dialogue through our online social media channels. Information, views and opinions are always welcome, as are suggestions, praise and criticism. We are committed to respectful, tolerant and non-violent interaction. Communication also takes place in virtual space between real people. It is therefore very important to us that contributions and comments are formulated in a constructive, understandable and respectful manner.

Discrimination, insults, abuse and threats have no place here!

We therefore review all posts/comments on our online channels and reserve the right to delete or reject unobjective and unlawful content. This includes, for example, content that is racist, incites hatred, sexist, harmful to minors, defamatory, damaging to business and reputation or otherwise unacceptable.
The protection of intellectual property is a high priority for us as it is an important foundation of our diverse industry. Copyright, trademark and naming rights apply to contributions and comments on our online channels.

Protected content in words, images and sound may not be published without the permission of the rights holder and only with appropriate attribution.

Of course, personal rights and the General Data Protection Regulation (GDPR) also apply online. To ensure an open and transparent dialogue, we ask that real names be used whenever possible. In addition, posts and comments should always stay on topic.
If you have any questions, please do not hesitate to contact us.

DISCLAIMER

We are not responsible for the content of any posts/comments or links on our websites or for the content of any posts/comments or links published by third parties on our online channels. They are personal opinions and do not necessarily reflect our views. All users are responsible for the content they post.