Privacy policy Swisscopyright

1         Scope of application and modifications

This privacy policy applies to data processing by Swisscopyright as the umbrella organisation of the Swiss collecting societies ProLitteris, SSA, SUISA, SUISSIMAGE, SWISSPERFORM. Separate data protection rules apply to the individual collecting societies.

The Swiss Data Protection Act (FADP) applies to the protection of data.

This privacy policy describes how and why Swisscopyright processes personal data, how your data are protected and what your rights are.

 "Personal data" or "data" is information that relates to an identified or identifiable person.

"Processing" means any handling of personal data, regardless of the means and procedures used, in particular the conservation, disclosure, collection, deletion, storage, modification, destruction and any other use of personal data.

This privacy policy may be supplemented by further regulations.

This privacy policy does not apply to websites and offers of the five collecting societies themselves or of third parties. We assume no liability for data protection by third parties.

This privacy policy applies in its current version. We may amend the privacy policy from time to time. We recommend that you consult our privacy policy on a regular basis.

2         Data processing

Swisscopyright processes personal data with the consent of the data subject, unless the processing is carried out to fulfil a contract, to protect overriding legitimate interests, because the processing is evident from the circumstances or if we have informed the data subject in advance.

Swisscopyright publishes data such as names, contact details and photos of executives or media representatives for contact, representation and lobbying purposes on the website, in the legal notice or in the session letter.

Swisscopyright publishes the names and professional titles of authors such as photographers, translators, designers or rights holders of films on the website or in the session letter to recognise their authorship.

Swisscopyright uses the names, photos and statements of creative artists to support the work of Swisscopyright on the website or in the session letter.

Swisscopyright processes personal data published or provided by the data subjects, such as names and contact details, in order to send content such as session letters, media releases, invitations to events or other mailings. In particular, persons with activities in the cultural sector, in parliaments, in political opinion-shaping organisations such as parties, media or administrations are addressed. By sending an e-mail to info@swisscopyright.ch, you can unsubscribe at any time or request corrections and updates of addresses.

In the context of political discussions, Swisscopyright edits the names of persons in political or cultural life, such as initiators of parliamentary initiatives or names of collecting societies, foundations, umbrella organisations, interest groups or other political, administrative or judicial institutions on the website or in the session letter.

Swisscopyright processes data when using information technology and related services. Data is stored on servers in Switzerland (internezzo ag, Grundstrasse 4b, 6343 Rotkreuz, www.internezzo.ch).

Swisscopyright uses services for audio and video conferencing internally and with third parties, in particular Microsoft Teams (Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland, privacy.microsoft.com/de-de/privacystatement).  

Swisscopyright uses cookies to technically enable or improve the offer (essential and functional cookies) and for a non-personalised evaluation of the offer (analysis/marketing cookies). Cookies are files that are stored on your device and can identify your browser, your operating system and your device, even if we do not know who you are. Cookies can be stored in the browser temporarily or permanently. Temporary cookies are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. You can completely or partially deactivate or delete cookies in your browser settings. If you deactivate essential cookies, certain functions may be impaired.

When visiting the Swisscopyright website, data such as IP address, language, date, time and duration of access, access status, content accessed and data volume, the website from which access was made, the browser used and the operating system may be recorded via cookies and stored in system logs.

Swisscopyright uses services for the collection and , where applicable, the analysis of data from website visitors (Usercentrics, Usercentrics GmbH Sendlinger Str. 7, 80331 Munich, Germany, usercentrics.com/de/datenschutzerklaerung/; Google Ireland Limited, Ireland for users in the European Economic Area and Switzerland, https://policies.google.com/privacy#europeanrequirements). Some third-party services with which website visitors are registered may assign the data to the account or profile with the respective service. To prevent data about your behaviour from being sent to the service, you can log out of the service, e.g. Google, before visiting our website and delete all cookies from the service. You can request the deletion of your data from Google by contacting Google support (https://support.google.com/?hl=de&tid=231560237376).

Swisscopyright processes names, contact details and information about your request, which you enter in the contact form on the website and submit.

3         Disclosure to third parties

Your personal data will not be sold to third parties or otherwise transmitted beyond the situations mentioned in section 2 when sending mailings to persons in politics, culture, media and the administration. Swisscopyright collaborates with external service providers or relies on services, in particular in the areas of hosting, communication and information technology. If your personal data is passed on to companies in these areas, the service providers are obliged to process the data as permitted and to guarantee the security of the data.  

4         Data transfers and data processing abroad

Data processing may also include data transfers abroad and data processing abroad. This applies in particular to service providers and services based or with servers abroad.

Swisscopyright may disclose personal data in countries where the local law guarantees an adequate level of data protection within the meaning of the FADP. In most cases, a recipient or processor is located in a country with an adequate level of data protection.[1]  

Exceptionally, Swisscopyright may export personal data to countries without an adequate level of data protection within the meaning of the FADP or have it processed there if there is a direct connection with the conclusion or implementation of a contract[2] or if you consent[3] . In cases where information and communication technology services are used, a recipient or processor may be located in a country without an adequate level of data protection within the meaning of the FADP.[4] In such cases and if an adequate level of data protection cannot be guaranteed in exceptional and unforeseeable cases, e.g., despite data storage in Europe, you declare your consent to such a data transfer via this data protection declaration.

5         Duration of storage of personal data

Swisscopyright processes and stores your personal data for as long as legal retention periods permit or as long as it is necessary for the fulfilment of its purpose. As soon as your personal data is no longer required for the stated purposes, it will be deleted or anonymised as far as possible.

Shorter retention periods apply to operational data such as system logs.

6         Data security and storage

Swisscopyright takes appropriate technical and organisational measures to protect your personal data from unauthorised access and misuse, e.g. with malware protection, back-ups, access controls and restrictions.

Communication via e-mail, including in the case of mailings, may be unencrypted.

7 Rights of the data subject

You have the right to information, correction, restriction or objection to data processing, data handover for transfer to another organisation or deletion of the processed personal data.  Swisscopyright may request a written application and proof of the applicant's identity.

The revocation of consent to processing or the exercise of the aforementioned rights may result in the termination of a service or function.

Data subjects also have the right to lodge a complaint with a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch

).8         Data controller and contact

If you have any concerns about data protection or requests for information, rectification, deletion or data portability, please contact us:

info@STOP-SPAM.swisscopyright.ch and all contact details given at https://www.swisscopyright.ch/en/header/contact.html.

 


[1] See Annex 1 to the Data Protection Ordinance, available at https://www.newsd.admin.ch/newsd/message/attach ments/75620.pdf incl. EU countries.

[2] Art. 17 para. 1 lit. b no. 1 or 2 FADP.

[3] Art. 17 para. 1 lit. a FADP.

[4] USA.

Christian Samuel Weber

"I am grateful that a strong rights management organisation is defending my rights and supporting me indirectly in my acting career."