STATEMENT ON PRIVACY AND PERSONAL DATA
We take the protection of your personal data very seriously.
This statement (the “Privacy Statement”) describes the methods that we use to collect, store, process and use your personal data. The data controller for the purposes of the Declaration is the company Swiss MusicLab GmbH, whose registered office is at Müllheimerstrasse 61, CH-4057 Basel-Stadt, Switzerland.
By using our Services and, as the case may be, our Websites (our Services and our Websites, together our “Internet Services“) and by checking the box: “I have read and accept the Statement on Privacy and Personal Data”, you are consenting that we collect, store, process and use your personal data according to the applicable law and to the terms and conditions of this Privacy Statement.
If you do not agree with this Privacy Statement, do not provide us with any personal data or provide us only with the personal data that you agree to transmit. In case of disagreement, if you withdraw your consent or if you choose not to provide us with some of the required personal data, we may be totally or partially unable to provide you our Internet Services.
Should you have questions or comments regarding this Privacy Statement or suggestions regarding its improvement, please contact us at firstname.lastname@example.org.
1. What is the legal basis for the processing of data?
We collect and process personal data that concern you only if (i) you have given consent by validating this Privacy Statement or (ii) the processing is necessary for the performance of a contract entered into between you and us or (iii) it is to pursue of our legitimate interests.
2. Which data do we collect?
We collect personal data in three ways:
Information that you must provide us with to use our Internet Services. In order to use our Internet Services, in particular to register, you shall provide us with some information. For example:
- to access and use our Internet Services: chosen title, subscription tier, name, first name, an electronic mail address, nicknames for created profiles, avatar
- to access and use our Internet Services through Special Offers: chosen title, name, first name, an electronic mail address, username, password, the name of the institution you are working for.
- for the billing of our Internet Services: your billing information and payment related information;
Information that you freely choose to share with us. In order to use our Internet Services, you may freely decide to provide us with some additional information. For example:
- to access and use our Internet Services: birth date, phone number; address information, the type of music instrument you are using.
- for the improvement of our Internet Services (quality assurance and improving acoustic recognition): sample audio recordings through the microphone of your device, melodies composed on our Internet Services.
Information that we may automatically collect when you use our Internet Services (including through cookies, as listed in Section 5 below and over which you have control according to the modalities described in Section 6 below): besides the personal data that you must provide us or freely choose to share with us, we may collect and process various information regarding your use of – and your behaviour on – our Internet Services, such as your browsing preferences, progress levels, session length, purchases, statistics regarding the pages that are most visited on our Internet Services, the amount of time spent on each page, the type of device used, technical information concerning your devices, software, computer peripheral, information on segments using demographic parameters such as age, gender, professional and personal interests, geographic location, etc.
Furthermore, when you (or we) are using, through our Internet Services, third-party services (Google Maps™, YouTube™, Facebook™ or Twitter™ buttons etc.), we draw your attention to the fact that the providers of such services may also collect and process personal data through their services (your localization, your user preferences, etc.). Therefore, before using these services, we recommend that you carefully read the privacy policies of these third parties. These third-party companies may export the data that they collect to the United States, which may not be considered to offer an adequate level of data protection with respect to European standards.
3. How do we use the collected data?
We use the personal data that you freely choose to share with us precisely to achieve the purpose for which they were provided to us: to provide you with the information that you requested, to provide you our Internet Services, to process your payment, to communicate with you and/or to carry out our obligations arising from any contract entered into between you and us and to improve our Internet Services. In addition to these purposes, we reserve our right to use all or part of your personal data for the following purposes: to conduct surveys, recommend those of our Internet Services that could be of interest to you or to send you newsletters and marketing communications (including e-mails) about our Internet Services when we have a legitimate interest in doing so (please see Section 7 below for more information on how you can control and, if necessary, object to such communications).
With regards to the information relating to your behaviour on our Internet Services that we automatically collect, we use them for the purposes of improving and personalizing our Internet Services so as to better meet your expectations.
4. To whom are the collected data communicated?
Your personal data are only communicated to third parties (i) if required to achieve the purpose for which they were freely shared with us (e.g. the execution of an order), (ii) if you have provided prior consent, (iii) if required by law or by a court order or (iv) in the event of the sale of our business. In the eventuality that your personal data is shared with third parties, we ensure that they respect an adequate level of protection when processing your personal data.
You may decide to share some information on social networks, e.g. by using the Facebook™ or Twitter™ buttons, which may be available on our Internet Services. Please remember that when you publicly share personal data, this information may be seen and used by other people, as well as indexed by search engines.
5. What kinds of cookies do we use?
Strictly necessary cookies: these are cookies that are required for the operation of our Internet Services and for you to be able to enjoy the services you ask for. They include, for example, cookies that enable you to log into secure areas of our Internet Services.
Functional cookies: these cookies record information about choices you make on our Internet Services, such as your user name, language or the region you are in. In this way, we are able to personalize your visit on our Internet Services.
Performance cookies: these “analytical” cookies allow us to collect information about how visitors use our Internet Services, for example to count visitors and to see how visitors move around our Internet Services. They record your visit on our Internet Services, the pages you have visited and the links you have followed. These cookies do not collect information that identifies you. All information is anonymous. This helps us to improve the way our Internet Services work. In order to continuously improve and optimize our Internet Services, we use the Google Analytics™ tracking technology. Google Analytics™ is a service of Google LLC. (“Google“). Google Analytics™ is a web-analysis service allowing us to better understand your behaviour on our Internet Services. It may use a certain type of cookies in order to collect anonymous information and create activity reports regarding usage statistics of our Internet Services without you being personally identified. The information produced by such cookies (including your IP address) may be sent to – and stored on – Google’s servers in the United States of America and thus subject to foreign legislation. If you do not agree with Google Analytics ™ collecting personal data regarding your visits, you can install an add-on module for your web browser, which allows you to deactivate Google Analytics™.
Social media cookies: these cookies allow you to share content with social media platforms (e.g. Facebook™ or Twitter™ buttons). This method may authorize the concerned social media to monitor your navigation on our Internet Services by the mere fact that your account is activated on your device (open session) during the navigation. We have no control over these cookies as they are set by third-party providers.
Advertisement cookies: these cookies allow us to deliver tailor-made advertisements to you on third-party websites based on your interests in our products and services manifested during your utilization of our Internet Services. These cookies do not collect information that identifies you. All information is anonymous.
We may engage on our Internet Services in interest-based advertising, including retargeting or remarketing technology provided by third parties, such as Google™ or Facebook™. Based on that, we are able to approach you with personalized advertisements. For this purpose, cookies are stored on your computer. During your utilization of our Internet Services, neither the third-party providers nor GMT collect any personalized data, only anonymized data. Thanks to such data we can, for example, approach you with advertisement on third-party websites which is personalized according to your interests in our products, e.g. after you have used our Internet Services and showed interest in a particular series of products or services, this technology may later show you more information in form of advertisements while surfing on another website. The only goal of engaging this technology is to best adapt the available information to your interests and to make your online experience as informative as possible.
Flash cookies from Adobe Flash Player™: Adobe Flash Player™ is a piece of software allowing quick development of dynamic content using “Flash” language. Flash (and applications of the same type) memorizes the settings, the preferences and the utilization of these contents thanks to a technology, which is similar to cookies. However, Adobe Flash Player™ manages this information and your choices through an interface that is different from the one provided by your web browser. As your device could visualize content developed in Flash language, we invite you to access your Flash cookies management tools, directly through the following website: http://www.adobe.com/fr/.
6. How can you control the cookies that we use?
Most browsers accept cookies automatically but allow you to disable them. The help menu on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies all together. You can also disable or delete cookies you have previously accepted if you wish to. Further information is available on the following websites:
Microsoft Internet Explorer™: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Google Chrome™: https://support.google.com/accounts/answer/61416?hl=en
We recommend that you leave cookies “turned on” so that we can offer you a better experience on our Internet Services. If you set your browser to block all cookies (including strictly necessary cookies), you may not be able to access parts of our Internet Services.
Most cookies can also be deactivated through third-party tools, such as the ones proposed by the website Youronlinechoice, by the Network Advertising Initiative or by the company Ghostery. Further, most of third-party providers offer modules or proceedings allowing you to deactivate the cookies they use.
7. Your Personal Data, Your Rights
In line with the current data protection legislation, you have the right to access to, modify or delete the personal data that concern you. You may also, under some circumstances, refuse (see below) or request restrictions on the processing of your personal data notably for direct marketing purposes. In the latter case, your data will be retained but will no longer be processed without your consent, except for reasons specifically provided by law. You also have the right to receive a copy of your personal data in a structured, commonly used and machine-readable format (right to data portability). Finally, you may at any time withdraw your consent regarding the processing of your data for the purposes above-mentioned.
To this end, you may simply connect to your account and make whatever modifications are necessary in your profile or, if not possible, contact us (as indicated in Section 8 below).
Unless we are not able to identify the data that concerns you, or the request is clearly unfounded or excessive, in particular because of its repetitive nature, or we may not oppose you another lawful and legitimate reason, we will respond to your request as soon as possible and at no cost.
Information About your Right of Objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you (including profiling), if this one is based on a public interest or on a balance of interests. If you file an objection, we will no longer process your personal data unless we can prove compelling grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims. Please also note that, if we terminate the processing due to your objection, our Internet Services may no longer be available to you or only to a limited extent.
You also have the right to object at any time to the processing of personal data concerning you for direct marketing purposes (including any subscription to a newsletter); this also applies to profiling, insofar as it is associated with such direct marketing. If you object, we will no longer process your personal data in the future. Please also note that, if we terminate the processing due to your objection, our Internet Services may no longer be available to you or only to a limited extent.
The objection may be filed at the address mentioned below.
8. Contact Details
Please send any request by mail or e-mail, with sufficient information for us to unequivocally identify you, to:
Swiss MusicLab GmbH
c/o Jan Gazdzicki
Finally, please note that you have the right at any time to lodge a complaint with the competent data protection authority.
You are not required by law to provide us with the personal data as indicated in this Privacy Statement. Furthermore, the contractual relationship that you might have entered into with us does not imply an obligation to provide your personal data. However, you might not be able to use our Internet Services to the full extent if you do not provide us with certain personal data. You also have the right to request the intervention of a human person in a fully automated decision-making process.
9. Security of Personal Data
Your personal data are protected against unauthorized processing with the help of appropriate technical and organizational measures, such as software and physical security devices and procedures, as well as the training of its employees to protect personal data against unauthorized alteration, destruction, disclosure and access.
However, it should be noted that the Internet is not a completely secure environment and our Internet Services cannot guarantee the security of the transmission and storage of information on the Internet outside its own information system. It is your responsibility to choose a secure password for creating your account and to keep this password confidential. In any event, you should be aware of the risks inherent in the dissemination of personal data over electronic communications networks.
Unless otherwise stated in this Privacy Statement, they are stored in – and may be transferred to – Switzerland whose legislation is deemed as offering an adequate level of protection by the European Union.
Your personal data will be retained for as long as is necessary for the purpose(s) for which we originally collected them (in principle, as long as you subscribed to our newsletter). Some personal data may also be kept as long as required by law, in particular for accounting and/or tax purposes.
10. Fraudulent Use of our Internet Services
In case of fraudulent use of our Internet Services and, in particular, upon suspicion of punishable acts, the data may be analysed for purposes of clarification and, upon duly justified request, according to us, transmitted to the competent official authorities or to the third party affected by the fraud.
Privacy Statement updated on 30.07.2020.
All rights on this Privacy Statement belong to their author. Any reproduction, without prior license, is strictly forbidden.