1. Conditions of use
1.1. Scope of application
The subject of these conditions of use and the data privacy statement is the relationship between the J.S. Bach St. Gallen AG (hereinafter "JSBAG") and the user (hereinafter "User") of the services and products offered on this website.
These conditions of use and the data privacy statement comprise an integral component of every contract closed between the JSBAG and the User, unless agreed otherwise in writing by the parties.
1.2 Extent of use
The products are provided solely for the private use of natural persons. The conditions detailed under clause 4 below (copyrights and other intellectual property rights) expressly apply.
The registration of a User account requires a name and valid email address; for the use of paid content, the User's real given and family names and a valid postal address are required.
The JSBAG is not liable for delays, incorrect or failed delivery of products except in the event of wilful or gross misconduct.
While the JSBAG makes every effort to carefully check all content, it accepts no liability whatsoever for the correctness or completeness of the content provided. It further rejects all liability for damages of any kind caused by defective technical equipment or harmful computer programmes.
All liability for references and links to third-party websites is excluded.
1.4 Copyrights and other intellectual property rights
All copyrights and other intellectual property rights on images, texts and/or music remain the exclusive property of JSBAG, except where other holders are expressly named in individual cases. Every form of application and use that exceeds use for private purposes is expressly prohibited.
2. Data privacy statement
The JSBAG places great value on the personal privacy protection of the Users of its products. This data privacy statement outlines for the User the JSBAG's practices in handling personal data and its measures for ensuring conformity with data protection laws.
The following data protection principles are based on the Swiss Federal Act on Data Protection (FADP) and the European General Data Protection Regulation (GDPR). Anneliese Looser, Publishing and Web Manager, is responsible for all data protection matters of the Bach Foundation and can be contacted at Museumstrasse 1, Postfach 328, 9004 St. Gallen, firstname.lastname@example.org.
2.2 Collection, storage and use of personal data
2.2.1 Collection of personal data
In principle, visiting the web pages of the J. S. Bach Foundation is possible without providing any personal data. Data such as IP address, web browser used, date and time of access are processed but not traced back to the User.
As part of the registration process, the JSBAG collects the registered User's given and family names and email address. For registrations completed during the ordering process, all data required to complete the order are requested and saved in the customer account (given and family name, email address, street address, postcode, city, country). Sensitive personal data as defined under the Swiss Federal Act on Data Protection is not collected.
The online transfer of personal data between the User's browser and the JSBAG's server takes place via SSL protocol encryption. To enable such encryption, the User is required to use the most recent version of the browser employed.
For subscriptions to the newsletter, (personal) data must be entered during the subscription process. Subscriptions to the newsletter are logged. A message is then sent to the registered email address requesting the User to confirm the subscription (a “double opt-in”). This is necessary to ensure that a third party has not subscribed using the User’s email address. Users may revoke their consent to be sent the newsletter and thus cancel a subscription at any time. The JSBAG saves subscriber data as long as they are required to send the newsletter.
2.2.2 Use of collected personal data
The JSBAG collects personal data primarily to enable User access to the JSBAG's offering and to execute the contractual relationship entered with the User. In addition, User behaviour data may also be collected. Such person-specific data may be employed for marketing purposes, to improve products and services, to check access authorisation or the contractual use of products and/or for personalised advertising.
The product User consents to the collection, storage and use of personal data and anonymous tracking information to the extent described above.
2.3 Anonymous tracking information ("cookies")
2.4 Transfer of personal data to third parties
The JSBAG does not disclose personal data to third parties, except as required by law or by a decision of the courts. This excludes the transfer of data to service partners for the purpose of implementing product orders. In such cases, the data transferred is kept to the minimum required. Credit card information is forwarded to the relevant credit card organisation.
2.5 Retention periods
If not specifically stated otherwise, the JSBAG saves personal data only as long as necessary to fulfil the purpose for which it was collected.
In some cases, the legislative authorities provide for the retention of personal data, e.g. under tax or trade law. In such cases, the JSBAG saves these data solely for the statutory purpose; these data are not processed for other purposes and are deleted after the statutory retention period expires.
2.6 Rights of Users
In accordance with the relevant laws, the User has the following rights: the right to receive transparent information regarding the processing of personal data as well as the right to obtain confirmation on how personal data are being processed; the right to have personal data rectified and deleted; the right to restrict the processing of personal data; the right to data portability; and the right to object if the User presents compelling grounds that override the interests of the JSBAG to collect and process data.
2.7 Automated decision-making, including profiling
No automated decision-making is conducted on the basis of personal data collected.
2.8 Data security
The JSBAG makes every effort to protect data in accordance with the prevailing data protection laws and technical possibilities. Personal data are encrypted before transmission. This applies to orders as well as to client login. The JSBAG uses SSL (Secure Socket Layer) encryption; nevertheless, security problems when transmitting data (e.g. sending email) via the internet can never be completely ruled out. Absolute protection against third-party access is not possible.
To secure data, the JSBAG maintain technical and organisational security measures that are periodically updated. The JSBAG provides no guarantee that its products are available at certain times; technical problems, interruptions or outages cannot be excluded.
3.1. applicable law, place of jurisdiction
Swiss Law applies exclusively; the courts of St. Gallen are exclusively competent.
3.2. Partial invalidity
In the event that individual provisions of these conditions of use or the data protection statement are held to be invalid, such invalidity will not affect the validity of the remaining provisions. In place of the invalid provision, a new provision will apply that reflects as closely as possible the economic and legal effect of the invalid provision.
The JSBAG reserves the right to amend these Terms and Conditions and the data protection statement at any time. The version in force at any one time will be the version published on the JSBAG's website.
St. Gallen, 27 June 2019