Privacy Policy

At https://utopia-livehouse.com/ and, where applicable, other URLs that include this Privacy Policy, we offer a platform where virtual concerts are held and on which merchandise items can be ordered (hereinafter referred to as the “Platform”).
In the following, we inform you in accordance with Art. 13 GDPR about the processing of personal data on the Platform.

1. Name and address of the controller

Controller within the meaning of the GDPR and other acts about the protection of personal data protection is: Marc Mühlenbrink, Riehlerstraße 25, 50668 Cologne.

2. Purposes and legal basis of processing and duration of storage

2.1 When visiting the Platform

When you visit the Platform, a series of general data and information is collected with each access. The following data can be collected:
• the IP address,
• the timestamp. That is the day and at the time of the access to the Platform,
• the request line. This is the path of the destination address without the domain.
• the status code. These are certain code digits that are helpful for error analysis. For example, 200 means that the page was accessed without errors and 404 that a page was not found,
• the size of the response body. This indicates the size of the content you download or view.
• Referer sent by the client. This indicates from which side you came to our Platform.
• User Agent sent by the client. This is information about the type and version of the browser and operating system you use.

First of all the purpose of such processing is that data can be transmitted to your device. For this purpose, the use of the IP address is inevitable.

In addition, the data is used to compile visitor statistics, to analyze errors, to ensure the long-term functionality of our Platform and, in case of cyber attacks, to analyze them and take defensive measures, as well as to involve law enforcement authorities if necessary.

The legal basis for the respective processing is Art. 6 para. 1 lit f of the GDPR, a legitimate interest, namely to enable you to visit the platform, to create visitor statistics in order to make the platform more user-friendly, to analyze errors, to ensure the functionality of the platform and to defend us against cyber attacks.

Only the IP address has a direct personal reference. The other data only become a personal date in connection with the IP address. The IP address is stored for a maximum period of seven days and then anonymized.

2.2 When contacting us

Our platform contains information that enables the quick electronic contact and direct communication with us, e.g. the email-address. If you contact us via e-mail, we will use the data transmitted by you to answer your contact request. The legal basis is, insofar as the processing of the data is necessary within the context of a contract with you or for the implementation of pre-contractual measures, Art. 6 para. 1 lit b of the GDPR, or otherwise a legitimate interest according to Art. 6 para. 1 lit. f of the GDPR.

Unless further storage is permissible or necessary due to other legal bases, e.g. because the communication is stored within the context of a contract, the data will be stored until your request has been finally resolved.

2.3 Conclusion of contracts

On our Platform, as detailed in our terms and conditions, you can order various goods and/or services. In this context, we process personal data for the purpose of concluding and administer a contract, i.e. so that we can provide our customers with the services under to the contract and for the purpose of corresponding steps at the request of the data subject prior to entering into a contract.

The legal basis is that the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 b of the GDPR.

We store personal data for the term of the contract. Furthermore, we store accounting records for the duration of ten years and business correspondence, i.e. every message that is used to prepare, execute, or revoke a business transaction, for the duration of six years, in order to comply with statutory retention periods for business correspondence under section 257 (1) no. 2 German Commercial Code (HGB) and section 147 German Tax Code (AO), whereby the term begins at the end of the calendar year in which the correspondence was sent or received or the accounting record came into existence. The legal basis for this purpose is Art. 6 (1) (c) GDPR.

3. Recipients of personal data

3.1 As host provider we use Hosteurope. We have entered into a data processor agreement with Hosteurope. This means that Hosteurope processes personal data exclusively on our behalf and in accordance with our instructions on the basis of a legally prescribed contract in accordance with Article 28 GDPR. Hosteurope uses further processors to provide its services, which you can find at https://www.hosteurope.de/en/terms-and-conditions/privacy/.

3.2 We process payments through the provider Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”). Thus we forward you to their website during an ordering process. Stripe’s privacy policy can be found at https://stripe.com/de/privacy.

3.3 If you have ordered physical goods from us, we will transfer your data to the shipping service provider commissioned with the delivery.

4. Your rights

You have various rights with regard to the processing of personal data in connection with our platform:
• You have a right of access to the personal data concerning you in accordance with Article 15 of the GDPR.
• You have a right to rectification of inaccurate data concerning you in accordance with Article 16 of the GDPR.
• If you have given your consent to data processing, you can revoke this consent at any time for the future.
• You have a right to erasure of personal data concerning you pursuant to Article 17 of the GDPR, unless further processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims,
• You have a right to restriction of processing pursuant to Article 18 GDPR, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you oppose to their deletion, we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Article 21 GDPR,
• According to Article 21 GDPR, you have the right, for reasons arising from your particular situation to object at any time to the processing of personal data concerning you, which takes place on the basis of Article 6 (1) (f) of the GDPR
• Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority. In particular, you have this right in the Member State of your place of residence, your place of work or the place of the alleged infringement. You can exercise this right if you believe that the processing of your personal data violates the GDPR. The supervisory authority to which the complaint was lodged will inform you of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR. The responsible supervisory authority for us is the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia: https://www.ldi.nrw.de/

5. The necessity of providing personal data

The provision of personal data in connection with the platform and the goods and services offered on it is not required by law. If you wish to conclude a contract with us to order our goods or services, the provision of personal data is necessary to enter into and to perform the contract.