General provisions for the users of the website
The protection of your personal data is essential for us. This Privacy Statement describes 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 Privacy Statement.
If you have general questions on data protection in our company please contact our legal department by phone or by email (+41 21 313 44 55 and firstname.lastname@example.org).
The present Privacy Statement shall not apply to linked third party websites. We shall assume no liability for compliance with data protection provisions on third party websites.
Special Provisions for members/clients, customers and users of online services
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.
We shall only collect and record publicly available data or data you voluntarily provide to us or to our affiliates. In particular, this is the case if you order contracts and forms via our website or contact our team.
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 the personal data to meet our responsibilities and duties incumbent upon us in accordance with the law, the by-laws, regulations, tariffs and contracts. In particular, the processing of the data shall serve the purpose of fulfilling the agreements of representation, agreements of reciprocal representation and Contract 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. agreements, individual advice to members and the provision of general legal advice. Moreover, the data shall be used for the civil and criminal enforcement of the rights entrusted to us, for debt collection, for anti-piracy purposes, and for statistical and scientific purposes. In this scope personal data can be disclosed to third parties, in particular affiliates, in Switzerland and abroad, or based on an explicit instruction they can be disclosed to the authorities and courts, respectively. Thereby, data may be transmitted to countries were data protection legislation does not correspond to the data protection provided in Switzerland.
Apart from that, personal data shall not be disclosed to third parties unless you consent to such disclosure.
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.
We shall use state of the art security measures aimed at protecting personal and access data against unauthorized access, unauthorized use and unauthorized disclosure.
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 is not guaranteed. We recommend not sending confidential information via the website.
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 with regard to 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.
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, with regard to requests for information by persons who are neither clients nor members of SWISSPERFORM asserts claims against users on behalf neighbouring rights' owners. The rights arise in connection with the secondary usage of their performances. Among those entitled to receive remuneration from SWISSPERFORM are performers (performing artists) and producers (producers of audio and audiovisual recordings), in the audio and audiovisual sectors respectively. Source: www.swissperform.ch or one of its affiliates, we shall be entitled to charge an appropriate administration fee (Article 2 of the Ordinance to the Federal Act on Data protection).
We recommend that you check this Privacy Statement regularly. It is continuously updated when necessary and adapted to the current legal situation.
Date of the last update: [26.06.2018]