Data protection Statement

The protection of your personal data is essential for us. We do our utmost to prevent any misuse. The SSA assumes responsibility for the processing of your personal data and for compliance with the laws in force.

1. Scope and legal basis

This Data protection Statement informs you about the processing of personal data by SSA. It explains how we collect and use your personal data; it also describes your rights, the analytical tools we use and how a possible misuse is prevented.

Your access to our website shall constitute your consent to this Data protection Statement. The present Data protection Statement shall not apply to linked third party websites. We shall assume no liability for compliance with data protection provisions on third party websites.

All personal data made available shall be treated according to the provisions of the Federal Act on Data Protection (FADP). In addition, the relevant provisions of the European General Data Protection Regulation (EU-GDPR) shall be complied with.

SSA may amend this data protection declaration at any time in accordance with current legislation. The current version is dated August 2023.

2.Personal data

We shall only collect and record publicly available data or data that you have provided to SSA or our affiliates or entered yourself as a user, principal, customer or member (e.g. request for information, application for membership or licenceContract by means of which the rights owner grants the licensee authorisation for specific work usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyright is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties., update of your membership or contact data, work registrationRegistration of any information relating to a work necessary for the collection and distribution of the works' rights remuneration, declaration of use, order, visit to the website, communication with SSA or use of an online service).

This personal data may include names, addresses, other contact information, IP addresses, information about the use of the website or other information relating to its use.

3. Use of personal data

We shall use your personal data exclusively for the purpose for which they were entrusted to us.

We shall be entitled to process personal data in order to carry out the tasks required of us by law, statutes, regulations, tariffs and contracts. In particular, the processing of the data shall serve the purpose of fulfilling the management, reciprocity and licenceContract by means of which the rights owner grants the licensee authorisation for specific work usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyright is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties.^[1] agreements, to provide individual advice to members and to provide general legal information. Moreover, the data shall be used for the civil and criminal enforcement of the rights entrusted to us, for collection purposes, for anti-piracy^[2] purposes, and for statistical and scientific purposes. SSA enters certain information in international registers required for rights management (e.g. IPISwiss Federal Institute for Intellectual Property - regulatory body for collective management organisations in the field of copyright and related rights in Switzerland, IDAInternational Documentation of Audiovisual works - collective management organisations' internal database of audiovisual works for the respective distribution of remuneration, ISANInternational Standard Audiovisual Number - ISAN (standard international number for audiovisual works) is an ISO certified numbering system on a voluntary basis, serving the identification of audiovisual works. It provides a consistent, permanent and internationally recognised identification for each audiovisual work., etc.). If necessary for the performance of its tasks, SSA may disclose data to third parties, in particular affiliates, in Switzerland and abroad, or to authorities and courts by virtue of an explicit order. In so doing, data may be transferred to countries that do not guarantee appropriate data protection equivalent to that practised in Switzerland.

Apart from that, personal data shall not be disclosed to third parties unless you consent to such disclosure.

4. Special provisions for members/principals, customers and users of online services

In the relation to principals and members, the data protection provisions of the general terms and condition of representation shall apply; in the relation to costumers, the data protection provisions in the general terms and conditions of customer Information shall apply; and in the case of specific online services (for instance the newsletter) the data protection provisions in the terms of use shall apply; in the event of inconsistencies these special provisions shall take precedence over the general data protection provisions.

5. Access data and recording

Apart from the voluntarily provided personal data, access data that can identify you as a user are recorded automatically: IP address, date and time of the access, files retrieved, access status, selected pages, transferred data volume, page from which the site was accessed, top level domain, used browser, and used operating system. There will be no person-related analysis of the access data; this means that inferences pertaining to your person will not be made at any time. The access data shall be protected against unauthorized access and they shall not be disclosed to any third parties.

All electronic messages sent to us or from us will be automatically archived. These recordings are protected by appropriate technical and organisational measures. Access shall only be granted in legally justified cases. Access shall then be made in compliance with the applicable legal provisions and by specific persons in defined functions.

6. Website

Cookies

Cookies are used in specific case to adjust the content of our website to the needs of the visitors and to enable the collection of statistical data regarding the use of the website. A Cookie is a small text file locally stored by our website in the memory of the internet browser on the computer you use. The storage of cookies can be avoided by the respective settings in the internet browser and cookies once used are deleted. In this case it may be that not all functions of a website are fully used.

Infomaniak

Our site is hosted by Infomaniak (Les Acacias, Geneva, Switzerland), which uses cookies that are stored on the computer used and which enable the use of the website to be analysed. The information generated by the cookie regarding the use of the website (including IP address) is directly stored on our Internet[3] server.

7. Mailchimp

The newsletter is sent via “Mailchimp”, a US platform for electronic marketing. Mailchimp is a service with which, among other things, the sending of newsletters can be organised and analysed. When you enter data to receive a newsletter (e.g. your email address), this data is stored on Mailchimp’s servers in the USA.

Mailchimp is certified according to the standards of the “EU-US Privacy Shield”. The “Privacy Shield” is an agreement between the European Union (EU) and the USA, which is intended to ensure that European data protection standards are also adhered to in the USA. We have concluded a data processing agreement with this platform. This is a contract in which Mailchimp undertakes to protect the data of our users, to process it on our behalf and in accordance with their privacy policy and not to pass it on to third parties. You can access their privacy policy here.

Mailchimp allows us to analyse our newsletter campaigns. If you do not want Mailchimp to analyse your data, you will need to unsubscribe from the newsletter delivery service.

The data processing is based on your consent (Art. 6 and 32 para. 2 lit. a FADP). You can revoke this consent at any time by unsubscribing from the newsletter.

8. Data security

The SSA takes state of the art security measures and organizational measures to protect personal data and access data against unauthorized access, use and transmission.

Please note that you are responsible for the data security on the computer you use.

The communication via email is not encrypted; hence, its security and confidentiality are not guaranteed. We recommend not sending confidential information via the website.

Personal data are stored in Switzerland. The SSA keeps records of personal data for as long as necessary for processing purposes.

9. Right of access

As a person concerned you can request information about your personal data, and you can request the correction of such information. However, we shall reserve the right to request a written application and an identification establishing the identity of the applicant prior to providing the information or correcting the data. Moreover, regarding requests for information by a person who is is not a principal or member of our society or a sister society, we shall be entitled to charge an appropriate administration fee in accordance with the Date protection Ordinance.

10. Address and contact

Any requests or questions regarding data protection may be addressed to the SSA’s legal department by e-mail (sj@ssa.ch) or by telephone (+41 21 313 44 55).

11. Update

We recommend that you check this data protection statement regularly. It is updated when necessary and adapted to the current legislation.

Date of the last update: [September 2023]

[1] Contract by means of which the rights ownerNatural person or legal entity holding the relevant rights in their original form or by virtue of assignment or succession. grants the licensee authorisation for specific workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected. usages within a specific period and for a specific territory (on an exclusive or a non-exclusive basis). The copyrightEntirety of legal provisions attributing the author of a work moral and proprietary privileges. is actually not transferred, and the licensee therefore does, in principle, not acquire the right to act vis-a-vis third parties.

[2] Unlawful use of the interpretation, performance or illustration/recording of a workIntellectual property creation in literature and art (as well as computer programmes) exhibiting an individual and therefore unique character. Said individual character is the prerequisite that a work can be protected..

[3] The Internet is the global computer network accessible to the public. It is a network of packet-switched networks, with no central hub, made up of millions of public and private networks. Information is transmitted via the Internet using a standardised set of data transfer protocols, enabling a variety of applications such as e-mail, instant messaging, peer-to-peer and the World Wide Web. Since the Internet was popularised by the appearance of the World Wide Web, the two are sometimes confused by the uninformed public.