Privacy Policy
Version dated 2019-03-20

 

1. General
This Privacy Policy explains how we, GEMA International AG, Neuhofstrasse 5A, 6340 Baar, Switzerland (hereinafter referred to as “we”, “us” or the like) collect and process personal data in connection with the operation and use of our website and its associated applications.
The responsible and legally compliant handling of data is important to us. We comply at all times with applicable law, in particular Swiss data protection law and any applicable foreign data protection law, such as the EU European General Data Protection Regulation (EU-GDPR), according to whose standard this Privacy Policy is based.
If you are acting on behalf of a company, we may assume that you are authorized to act on behalf of such company in connection with the acceptance of this Privacy Policy (apparent authority), regardless of the internal regulations and/or circumstances of that company and entries in the corresponding company/commercial register and without further verification of such authorization. When we refer to “you”, “your” or the like in this Privacy Policy, this always also refers to the company on behalf of which you are acting and the employees of such company.

 

2. Collection and processing of personal data
Personal data means any information relating to an identified or identifiable person. A data subject is a person whose personal data is processed. Processing includes any handling of personal data, in particular its collection, storage, archiving, use, modification, disclosure and deletion.
We primarily process personal data that we receive from you or collect about you in connection with the operation and use of our website and its associated applications. The input of personal or business data on our website and its associated applications is voluntary.
In addition to the personal data that you provide us directly (e.g. when registering for a newsletter or using a contact form), the categories of personal data that we receive about you from third parties in particular include information from public registers (e.g. debt collection register or company/commercial register), credit information (if we conduct business with you) as well as data in connection with the use of our website and its associated applications (e.g. IP address, MAC address, settings and other information about the device used, date and time of the visit, webpages and contents accessed, functions used, referring website, location details).
If you provide us with personal data of other persons (e.g. family members, work colleagues), you must ensure that these persons have agreed to such provision and have taken note of the contents of this Privacy Policy.

 

3. Purpose of data processing and legal basis
We process personal data primarily for the following purposes:

  • Ensuring the operation of our website and its associated applications
  • Responding to inquiries you send us via contact forms on our website and its associated applications
  • Compliance with our legal obligations in Switzerland and abroad

In addition, we process personal data of you and other persons, to the extent permitted by law and where appropriate, also for the following purposes which are in our legitimate interest:

  • Further development of our website and its associated applications as well as of our offers and services
  • Marketing (e.g. sending newsletters), provided that you have not objected to this use of your personal data
  • Assertion of legal claims and defense in connection with legal disputes and official proceedings

We process personal data in accordance with Swiss data protection law and, where applicable, with the EU-GDPR. In relation to the EU-GDPR, we process personal data with the consent of the data subject (art. 6 para. 1 lit. a EU-GDPR), for the performance of a contract to which the data subject is party and for taking corresponding steps prior to entering into a contract (art. 6 para. 1 lit. b EU-GDPR), to comply with a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the EU-GDPR is wholly or partially applicable (art. 6 para. 1 lit. c EU-GDPR) and to protect the legitimate interests pursued by us or by third parties, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Legitimate interests are in particular our business interests to operate our website and its associated applications, information security, the enforcement of our own legal claims and compliance with applicable law (art. 6 para. 1 lit. f EU-GDPR).
If you have given us your consent to process your personal data for specific purposes (e.g. when registering for a newsletter), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. A given consent can be withdrawn at any time, but this does not affect data processed prior to such withdrawal.

 

4. Retention period for personal data
We process and retain your personal data as long as required for the purposes pursued with the processing or for the performance of our contractual obligations and compliance with legal obligations as well as beyond this duration in accordance with legal retention and documentation obligations.
Personal data may be retained for the period during which claims can be asserted against our company (e.g. in particular during the statutory limitation period) or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g. for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In the case of long-term retention obligations, we limit the processing as much as possible.

 

5. Transfer of personal data
Within the scope of the purposes stated in section 3 and our business activities, we disclose your personal data, to the extent permitted by law and where appropriate, to third parties in Switzerland and abroad, in particular to our service providers, suppliers and auxiliary persons (e.g. hosting providers, software suppliers, IT service providers, newsletter service providers, debt collection service providers, banks, legal advisors/counsels) as well as to authorities, official offices or courts.
If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by way of using appropriate contracts or we rely on the statutory exceptions, in particular the exceptions of consent, performance of contracts as well as the establishment, exercise or enforcement of legal claims.

 

6.Services of third parties
6.1 Newsletter
It is possible to unsubscribe from each newsletter.
In our newsletters, we use techniques (e.g. visible and invisible picture elements and/or links), insofar permitted, to determine if and when you opened the newsletter and which links were clicked, and to measure and better understand how you use our offers and to tailor them to you.
By agreeing to receive newsletters, you consent to the use of the techniques used in our newsletters. Most e-mail applications are preset to allow the use of these techniques. If you do not want this to happen, you will have to adjust the settings of your e-mail application (e.g. Microsoft Outlook) accordingly.6.2 Hosting
To be completed6.3 Chat
We use Pure Chat. This service of Pure Chat, Inc. in Scottsdale, USA (“Pure Chat”) adds a chat functionality to our website which enables you to get in contact with us. The service appears in the form of a button on the screen of your device. Pure Chat collects and processes information from and about you when you use the service, e.g. by engaging in a chat communication or using the contact form provided by the service. Such information may, amongst others, contain your name, e-mail address and the content of chats. Your use of the service and the corresponding input of personal or business data is voluntary. In addition, the service uses technologies for automatic information collection and processing including cookies and pixel tags. Such information may, amongst others, contain information about your device (e.g. IP address, operating system, browser type, etc.), usage details (e.g. traffic and communication data) and location information. Pure Chat has committed itself to comply with the EU-GDPR. For more information, please see Pure Chat’s privacy policy under the following link:
https://purechat.com/privacy

6.4 Google Analytics
We use Google Analytics. This service of Google LLC in Mountain View, USA (“Google”) enables us to measure and evaluate the use of our website and its associated applications on a non-personal basis. The service uses permanent cookies, which are set by Google. Google does not receive any personal data from us (and does not retain any IP addresses), but may track your use of our website and its associated applications, combine this information with data from other websites that you have visited and which are also tracked by Google, and use this information for its own purposes (e.g. management of advertising). If you have registered yourself with Google, Google also knows you. Google is responsible for the processing of your personal data in accordance with Google’s privacy policy. Google merely informs us how our website and its associated applications are used without giving any personal information about you. Google has committed itself to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields. For more information, please see Google’s privacy policy under the following link:
https://policies.google.com/privacy

6.5 YouTube
We use YouTube for embedding videos. This service of Google LLC in Mountain View, USA (“Google”) uses cookies and data is transferred to Google in the USA, whereby we assume that in this context no personal tracking takes place solely through the use of our website and its associated applications. Google has committed itself to ensuring adequate data protection in accordance with the American-European and American-Swiss Privacy Shields. For more information, please see Google’s privacy policy under the following link:
https://policies.google.com/privacy

 

7. Rights of data subjects
Persons about whom we process personal data have the right to request confirmation from us whether we process personal data and, if so, information about our processing of their personal data. Furthermore, data subjects may, if provided for under the data protection law applicable to them (in particular the EU-GDPR), restrict the processing of their personal data, exercise their right to data portability or have their personal data rectified, erased (“right to be forgotten”) or blocked, withdraw consents granted and object to the processing of their personal data. The exercise of the aforementioned rights usually requires that you clearly prove your identity. For this purpose, please send us a copy of your identification document if your identity is not otherwise clear or cannot be verified.
We reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain personal data, have an overriding interest (insofar as we may invoke such interest) or need the data for asserting claims. Please note that the exercise of the aforementioned rights may be in conflict with contractual agreements between you and us (e.g. on the provision of services that we are providing to you) and that this may result in consequences such as premature contract termination or costs. If this is the case, we will inform you in advance.
In addition, persons about whom we process personal data have the right to enforce their rights in court or to lodge a complaint with the competent data protection authority. The data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (FDPIC). Information on the FDPIC can be found under the following link:
https://www.edoeb.admin.ch/edoeb/en/home.html
Data subjects and supervisory authorities can contact us by e-mail or by letter at the addresses listed in section 8.

 

8. Controller
The “controller” of the data processing as described in this Privacy Policy is GEMA International AG. In case of any data protection related concerns, you can contact our data protection officer (art. 37 EU-GDPR) by e-mail or by letter as follows:
GEMA International AG
[Heiko Friedrich]
Neuhofstrasse 5A
6340 Baar
Switzerland
[data-privacy@the-gema.com]

 

9. Data security
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse (e.g. encryption of data media and data transmissions, access restrictions). The access to our website and its associated applications is via SSL/TLS encryption.

 

10. Amendments
We may amend this Privacy Policy at any time without prior notice. The current version published on this website applies.Partially based on DSAT.ch

 

Cookie Policy
Version dated 2019-03-20

 

1. Use of cookies and other tracking techniques
On our website and its associated applications, we use cookies and similar techniques to identify your browser or your device in order to enable the use of certain functions as well as to make visiting and using our website and its associated applications more attractive. Cookies are small files that are sent to your device or automatically stored on your device by the browser used when you visit our website. This enables us to recognize you when you visit our website again. We use so-called “session cookies”, which are used during the visit of our website and which are deleted when the browser is closed, as well as so-called “permanent cookies”, which store user settings and other information for a certain period of time. We use “permanent cookies” in particular to store certain user settings (e.g. language) and to analyze the use of our offers and contents so that we can optimize these offers and contents based on such analyses. Some cookies are set by us, others by our service providers (e.g. Google).
By using our website and its associated applications, you agree to the use of cookies. If you do not want this, you must adjust your browser settings accordingly (see section 2).

 

2. Adjustment of browser settings
Most browsers are pre-set to allow the use of cookies. In your browser settings, however, you have, amongst others, the option of blocking cookies, saving them only for one browser session or deleting them prematurely. If you block cookies, certain functions of our website and its associated applications (e.g. language selection) may no longer function.

 

3. Amendments
We may amend this Cookie Policy at any time without prior notice. The current version published on this website applies.Partially based on DSAT.ch