Legal

Privacy Policy

Introduction

In this privacy policy, we, Amira-Music (hereinafter “Amira-Music,” “we,” or “us”), explain how we collect and otherwise process personal data. This is not an exhaustive description; other privacy policies (or general terms and conditions, participation terms, and similar documents) may govern specific matters. “Personal data” means any information relating to an identified or identifiable individual.

If you provide us with personal data of other people (e.g. family members, colleagues), please make sure that these people are aware of this privacy policy, and only share their personal data with us if you are permitted to do so and if that data is accurate.

This privacy policy has been drafted to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Federal Act on Data Protection (“FADP”), and the revised Swiss Federal Act on Data Protection (“revFADP”). Whether and to what extent these laws apply depends on the individual case.

Version dated September 2024.

1. Controller / Data Protection Officer / Representative

Amira-Music ([Street Address], [Postal Code, City], [Country]) is responsible for the data processing described here. If you have any data protection concerns, you can contact us at the following address:

Amira-Music
[Street Address]
[Postal Code, City]
[Country]
Email: booking@amira-music.com
Phone: [Phone Number]

2. Collection and Processing of Personal Data

We primarily process the personal data that we receive from our customers and other business partners, and from other people involved, in the course of our business relationship with them, or that we collect from users while operating our websites, apps, and other applications.

Where permitted, we also draw certain data from publicly available sources (e.g. debt collection registers, land registers, commercial registers, the press, the internet), or receive such data from other companies affiliated with Amira-Music, from authorities, and from other third parties. In addition to the data you give us directly, the categories of personal data we receive about you from third parties include, in particular: information from public registers; information we learn in connection with administrative and judicial proceedings; information relating to your professional roles and activities (so that, for example, we can conclude and carry out business with your employer with your help); information about you contained in correspondence and meetings with third parties; credit reports (where we deal with you personally); information about you provided by people close to you (family, advisors, legal representatives, etc.) so that we can conclude or carry out contracts with you or involving you (e.g. references, your delivery address, powers of attorney, information on compliance with statutory requirements such as anti-money-laundering rules and export restrictions, information from banks, insurers, distribution partners, and other contractual partners of ours regarding services used or provided by you, such as payments made or purchases made); information from the media and the internet about you (where relevant in a specific case, e.g. as part of a job application, press review, marketing/sales, etc.); your addresses and, where applicable, your interests and other socio-demographic data (for marketing purposes); and data relating to your use of our website (e.g. IP address, the MAC address of your smartphone or computer, information about your device and settings, cookies, date and time of your visit, pages and content accessed, features used, referring website, location data).

3. Purposes of Data Processing and Legal Basis

We use the personal data we collect primarily to conclude and carry out our contracts with our customers and business partners, in particular in connection with our business with our customers and the purchase of products and services from our suppliers and subcontractors, and to comply with our statutory obligations in Switzerland and abroad. If you work for such a customer or business partner, you may of course also be affected in that capacity with regard to your personal data.

In addition, where permitted and where we consider it appropriate, we also process personal data belonging to you and other people for the following purposes, in which we (and sometimes third parties) have a legitimate interest corresponding to that purpose:

  • Offering and further developing our products, services, websites, apps, and other platforms on which we have a presence;
  • Communicating with third parties and handling their inquiries (e.g. job applications, media inquiries);
  • Reviewing and optimizing procedures for needs analysis for the purpose of direct customer outreach, and collecting personal data from publicly available sources for the purpose of customer acquisition;
  • Advertising and marketing (including holding events), provided you have not objected to the use of your data for this purpose (if we send you advertising as an existing customer, you may object to this at any time, and we will then place you on a blocklist against further advertising mailings);
  • Market and opinion research, media monitoring;
  • Asserting legal claims and defending ourselves in connection with legal disputes and administrative proceedings;
  • Preventing and investigating criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  • Ensuring our operations, in particular our IT, our websites, and other platforms;
  • Video surveillance to exercise our right to control access to our premises, and other measures for IT, building, and facility security and to protect our employees, other individuals, and assets belonging to or entrusted to us (e.g. building access control via intercom, network and email scanners);
  • The purchase and sale of business units, companies, or parts of companies, and other corporate transactions, and the associated transfer of personal data, as well as measures for business management purposes and, to the extent necessary, to comply with statutory and regulatory obligations as well as Amira-Music’s internal policies.

Where you have given us consent to process your personal data for specific purposes (for example, when signing up to receive newsletters, or by completing a questionnaire), we process your personal data within the scope of and based on that consent, insofar as we do not have and do not need another legal basis. Consent given may be withdrawn at any time; this does not affect data processing already carried out.

4. Cookies / Tracking and Other Technologies Related to the Use of Our Website

We typically use “cookies” and comparable techniques on our websites, which can be used to identify your browser or device. A cookie is a small file that is sent to your computer, or automatically stored on your computer or mobile device by the web browser you use, when you visit our website. If you visit this website again, we may be able to recognize you, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“persistent cookies”). However, you can set your browser to reject cookies, to save them only for a session, or to otherwise delete them early. Most browsers are set by default to accept cookies. We use persistent cookies so that you can save user settings (e.g. language, auto-login), so that we can better understand how you use our offerings and content, and so that we can show you offers and advertising tailored to you (which can also happen on the websites of other companies; however, these companies will not learn from us who you are, if we even know that ourselves, since they only see that the same user who visited a particular page on our site is also on their site). Some of these cookies are set by us, and some are set by contractual partners with whom we cooperate. If you block cookies, certain features (such as language selection, shopping cart, or ordering processes) may no longer work.

In our newsletters and other marketing emails, we sometimes include, to the extent permitted, visible and invisible image elements; by retrieving these from our servers, we can determine whether and when you opened the email, so that we can measure and better understand how you use our offerings and tailor them to you. You can block this in your email program; most email programs are set by default to do so.

By using our websites and by consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not want this, you must adjust your browser or email program settings accordingly.

We sometimes use Google Analytics, Google Business Profile, and WordPress with Elementor on our websites. These are third-party services that may be based anywhere in the world, and with which we can measure and evaluate the use of the website (not on a personal basis). Persistent cookies set by the service provider are also used for this purpose. Although we can assume that the information we share with Google is not personal data as far as Google is concerned, it is possible that Google, as well as the providers of WordPress and Elementor, may draw conclusions about the identity of visitors from this data for their own purposes, create personalized profiles, and link this data to the Google or other accounts of these individuals. If you have registered with the service provider yourself, the service provider will also know who you are. In that case, the service provider processes your personal data under its own responsibility in accordance with its own privacy policy. The service provider only informs us of how our respective website is used (no information about you personally).

We also use so-called plug-ins from social networks such as Facebook and Instagram on our websites. This is apparent to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks may register that you are on our website, and where, and may use this information for their own purposes. In that case, your personal data is processed under the responsibility of that operator in accordance with its own privacy policy. We do not receive any information about you from it.

5. Disclosure of Data and Transfer Abroad

In the course of our business activities and for the purposes set out in Section 3, where permitted and where we consider it appropriate, we also disclose data to third parties, either because they process it for us or because they want to use it for their own purposes. This concerns, in particular, the following recipients:

  • Our service providers (within Amira-Music as well as external providers, such as banks and insurers), including processors (such as IT providers);
  • Retailers, suppliers, subcontractors, and other business partners;
  • Customers;
  • Domestic and foreign authorities, government offices, or courts;
  • Media;
  • The public, including visitors to websites and social media;
  • Competitors, industry organizations, associations, organizations, and other bodies;
  • Buyers or prospective buyers of business units, companies, or other parts of Amira-Music;
  • Other parties in potential or actual legal proceedings;

all of the above being joint recipients.

Some of these recipients are located domestically, but they may be located anywhere in the world. In particular, you must expect your data to be transferred to any country in which Amira-Music is represented through group companies, branches, or other offices, as well as to other countries in Europe and the USA, where the service providers we use (such as Microsoft, WordPress, Elementor, and Google) are located.

If a recipient is located in a country without adequate statutory data protection, we contractually obligate the recipient to comply with applicable data protection requirements (for this purpose we use the revised standard contractual clauses of the European Commission, available at: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), unless it is already subject to a legally recognized framework ensuring data protection, and unless we can rely on an exception. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of predominant public interest, or where the performance of a contract requires such disclosure, where you have consented, or where the data in question is data you have made generally available and to whose processing you have not objected.

6. Retention Period for Personal Data

We process and store your personal data for as long as is necessary to fulfil our contractual and statutory obligations, or otherwise for the purposes pursued by the processing, i.e. for example for the duration of the entire business relationship (from initiation, through performance, to termination of a contract), as well as beyond that in accordance with statutory retention and documentation obligations. It is possible that personal data will be retained for as long as claims can be asserted against our company, and to the extent we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidentiary and documentation purposes). As soon as your personal data is no longer required for the purposes mentioned above, it will generally be deleted or anonymized, insofar as possible. Shorter retention periods of twelve months or less generally apply to operational data (e.g. system logs).

7. Data Security

We take appropriate technical and organizational security measures to protect your personal data against unauthorized access and misuse, such as issuing internal policies, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization, and controls.

8. Obligation to Provide Personal Data

In the course of our business relationship, you must provide the personal data that is necessary to establish and carry out a business relationship and to fulfil the associated contractual obligations (as a rule, you are not under any statutory obligation to provide us with data). Without this data, we will generally not be able to conclude or carry out a contract with you (or the entity or person you represent). Likewise, the website cannot be used if certain information required to ensure the transmission of data (such as your IP address) is not disclosed.

9. Profiling [and Automated Decision-Making]

We process your personal data on a partly automated basis with the aim of evaluating certain personal aspects (profiling). We use profiling in particular in order to be able to inform and advise you about products in a targeted manner. In doing so, we use evaluation tools that enable us to communicate and advertise in a needs-based way, including for market and opinion research purposes.

As a general rule, we do not use fully automated decision-making (as regulated, for example, in Article 22 GDPR) to establish or carry out the business relationship, or otherwise. Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is legally required, and will explain to you the rights associated with it.

10. Rights of the Data Subject

Under the data protection law applicable to you, and to the extent provided for therein (as is the case, for example, under the GDPR), you have the right to access, rectify, and erase your data, the right to restrict the processing of your data, and otherwise the right to object to our data processing, in particular to processing for direct marketing purposes, profiling carried out for direct marketing purposes, and other legitimate interests in the processing, as well as the right to receive certain personal data for the purpose of transferring it to another entity (so-called data portability). Please note, however, that we reserve the right to assert the statutory restrictions on our part, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are permitted to rely on this), or if we need the data to assert claims. If any costs arise for you, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in Section 3 above. Please note that exercising these rights may conflict with contractual arrangements, and that this may have consequences such as early termination of the contract or cost implications. In such a case, we will inform you in advance, unless this has already been contractually agreed.

Exercising such rights generally requires you to clearly prove your identity (e.g. by means of a copy of an ID document, where your identity cannot otherwise be established or verified). To exercise your rights, you can contact us at the address given in Section 1.

Every data subject also has the right to enforce their claims in court, or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC) (www.edoeb.admin.ch).

11. Changes

We may amend this privacy policy at any time without prior notice. The version published on our website at any given time applies. Insofar as this privacy policy forms part of an agreement with you, we will inform you of any update by email or in another suitable manner.

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