Conditions of use and data protection statement
1. Terms of use
1.1 Scope of application
The subject of these Terms of Use and Privacy Policy is the relationship between J. S. Bach St. Gallen AG (hereinafter referred to as AG) and the users of the services and products offered on our websites.
These Terms of Use and the Privacy Policy form an integral part of every contract concluded between the Client and the Users, unless otherwise agreed in writing between the parties.
1.2 Scope of use
The products are intended exclusively for private use by natural persons. The provisions of section 4 below (copyright and other intangible rights) expressly apply.
The registration of a user account requires a name and a valid e-mail address, for the use of chargeable offers the correct first and last name and a valid postal address are required.
1.3 Liability
AG shall only be liable for delays and for incorrect or non-delivery of products in the event of intentional or grossly negligent behavior.
Despite careful control of the contents, the AG accepts no liability for their accuracy and/or completeness. Nor is it liable for any damage caused by defective technology or harmful computer programs of any kind.
No liability is accepted for references and links to third-party websites.
1.4 Copyrights and other intangible rights
All copyrights and other intangible rights to images, texts and/or music belong exclusively to the AG or to specifically named rights holders on a case-by-case basis. Any use and utilization beyond private use is expressly prohibited.
2. Privacy policy
2.1 General information
On the part of the AG, we attach great importance to protecting the privacy of our users. This privacy policy explains to our users how the AG handles personal data and the measures it takes to achieve data protection compliance.
We only process users’ personal data insofar as this is necessary to provide a functional website and our content and services. Users’ personal data is generally only processed with the user’s consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
This data protection policy is based on the Swiss Data Protection Act (DPA) and the European General Data Protection Regulation (GDPR).
The contact person for all matters relating to data protection at the AG is: Anneliese Looser, responsible for Publishing & Web, Museumstrasse 1, P.O. Box 328, 9004 St. Gallen, support@bachstiftung.ch
2.2 Collection, use and storage of personal data
2.2.1 Collection of personal data
Visiting the websites of the AG is generally possible without providing any personal data. Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer.
The online transmission of personal data between the user’s browser and the servers of the AG is encrypted using the SSL protocol. To enable the functionality of this encryption technology, the user is required to use the latest versions of the current browsers.
2.2.2 Purpose of use of the personal data collected
The AG collects personal data initially to enable the user to access the AG’s services and to process the contractual relationship entered into. In addition, data on the user’s usage behavior may be collected. This personal data may be used for marketing purposes, to improve products and services, to check access authorization or contractual use of the products and/or for personalized advertising. The processing of users’ personal data is generally only carried out with their consent.
2.2.3 Data storage
If you contact us using the form on the website or by email, the data you provide will be stored for the purpose of processing the inquiry and in the event of follow-up questions. We reserve the right to use and store business correspondence and, in particular, correspondence addressed to us for business processes.
In some cases, the legislator provides for the retention of personal data, for example under tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed in any other way and will be deleted after the statutory retention period has expired.
2.3 Data security and disclosure of personal data to third parties
2.3.1 Security measures for data
Your personal data is transmitted to AG in encrypted form. This applies to orders and also to the customer login. The AG uses the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
To secure the data, we maintain technical and organizational security measures that are constantly adapted to the state of the art. Furthermore, we cannot guarantee that the service will be available at certain times; disruptions, interruptions or failures cannot be ruled out.
2.3.2 Disclosure of personal data to third parties
Data is not transmitted to third parties, with the exception of the transmission of credit card data to the processing bank institutes / payment service providers for the purpose of debiting the sales price, transmission of the e-mail address to the newsletter provider, to our tax advisor to fulfill our tax obligations, if ordered by a court decision or if required by law. In these cases, the transfer of data is limited to the minimum necessary. We use the following services:
Technical implementation:
- Freundbild (Ostwall 47, 47798 Krefeld, Germany)
Webhosting:
- netcup GmbH (Daimlerstrasse 25, D-76185 Karlsruhe, Germany)
Newsletter and mailings:
- CleverReach GmbH & Co KG (Schafjückenweg 2, 26180 Rastede, Germany)
- MS Direct AG (Fürstenlandstrasse 35, 9001 St. Gallen, Switzerland)
Ticketing, CRM system and sales:
- NGL – Naxos Global Logistics (Gruber Str. 70, 85586 Poing, Germany)
- Jetticket (Spitalstrasse 5, 7350 Oberpullendorf, Austria)
- 442plus GmbH (Bruchmattstrasse 21, 6003 Lucerne, Switzerland)
Accounting:
- altrimo ag (Weissbadstrasse 1, 9050 Appenzell, Switzerland)
- Alder Treuhand AG (Weidstrasse 4a, 9410 Heiden, Switzerland)
- UJU Pty Ltd t/a Metorik (PO Box 2242, Caulfield Junction, VIC 3161, Australia)
Payment provider:
- Stripe Payments Europe, Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland)
- Twint AG (Stauffacherstrasse 41, 8004 Zurich, Switzerland)
- PayPal Pte. Ltd (5 Temasek Boulevard, #09-01 Suntec Tower Five, Singapore 038985)
- SumUp Payments Limited (16-20 Shorts Gardens, WC2H 9US, London, United Kingdom)
2.4 Cookies and web analytics
Our concern within the meaning of the GDPR (legitimate interest) is the improvement of our offer and our website. As the privacy of our users is important to us, the user data is pseudo-anonymized.
2.4.1 Use of cookies
The websites of the AG use so-called cookies. When visiting the websites of the AG, they also collect, store and use general, non-personal data from the users. These are text files that are stored on the user’s system and enable the use of the products to be analyzed. This technology makes it possible to recognize individual users as visitors and to provide them with individualized services or products. It enables us to recognize your browser on your next visit. Such tracking data is stored separately from any personal data collected. The data is collected exclusively in anonymous form, so that it is not possible to identify individual users at any time. Only a connection to the known IP address is made possible.
The storage of cookies can be prevented via corresponding browser settings, whereby this can lead to the fact that the offer of the AG no longer works or only works to a limited extent. You can adjust your cookie settings here:
2.4.2 Web analysis
Our website uses functions of Google Analytics, a web analysis service of Google Inc (1600 Amphietheatre Parkway Mountain View, CA 94043 USA) and Facebook Pixel of Facebook Inc (1 Hacker Way, Menlo Park, CA 94025 USA) for analysis. Cookies are used to analyze the use of the website by its users. The information generated in this way is transferred to the provider’s server and stored there.
You can prevent this by setting up your browser so that no cookies are stored.
You can also use a browser plug-in to prevent the collection and use of data generated by cookies. You can download it at the following link: Google Analytics Opt-Out Plugin
You can also prevent Google Analytics from collecting data by clicking on the following link. Deactivate Google Analytics. An opt-out cookie will be set to prevent the future collection of your data when you visit this website.
2.4.3 Google Ads
The websites of AG use Google Conversion Tracking. If you have reached our website via an advertisement placed by Google, Google Ads will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page.
Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across the websites of Ads customers. The information obtained using the conversion cookie is used to generate conversion statistics for Ads customers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this – for example, by using a browser setting that generally deactivates the automatic setting of cookies or by setting your browser to block cookies from the domain “googleleadservices.com”.
Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.
2.5 Google Maps
The websites of the AG use the Google Maps service. This enables us to display interactive maps directly on the website and allows you to use the map function conveniently. When you visit the website, Google receives the information that you have accessed the corresponding subpage of our website. This happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists.
If you are logged in to Google, your data will be assigned directly to your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website.
Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website.
You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and settings options for protecting your privacy, please visit: Google Privacy Policy
2.6 Social media plugins
Our websites provide you with social plug-ins from various social networks. If you choose to interact with a social network such as Facebook or Instagram, your activity on our website or via our apps will also be indicated to the relevant social network. If you are logged into one of these social networks or interact with one of the social plug-ins when you visit our websites or in one of our apps, the social network may add this information to your respective profile on that network, depending on your privacy settings.
We would like to point out that if you deactivate the social media plugins, the AG’s offer may only be guaranteed to a limited extent.
2.7 Newsletter
You have the option of subscribing to the newsletter via our website. To do this, we need your e-mail address and your express declaration that you agree to receive the newsletter. In addition, the IP address of the accessing computer and the date and time of registration are stored.
After registering, you will receive a message to the email address you provided asking you to confirm your registration (“double opt-in”). This is necessary to prevent third parties from registering with your email address.
You can revoke your consent to receive the newsletter at any time. You can unsubscribe from the newsletter at any time. Please send your unsubscription to the following e-mail address: info@bachstiftung.ch. We will then immediately delete your data in connection with the newsletter dispatch.
2.8 Rights of data subjects
Within the framework of the relevant laws, the user has the right to clear information about the processing of personal data, the right to rectification and erasure of personal data, the right to restriction of processing, the right to data portability and, finally, the right to object if this is based on the user’s particular situation and the interests of the AG in the processing do not outweigh this.
If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can lodge a complaint with the supervisory authority.
2.9 Automated decisions including profiling
Automated decision-making based on the personal data collected does not take place.
3. Legal provisions
3.1 Applicable law, place of jurisdiction
Swiss law shall apply exclusively and the courts of St. Gallen shall have exclusive jurisdiction.
3.2 Partial invalidity
Should individual provisions of these Terms of Use or the Privacy Policy be or become invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a new provision that comes as close as possible to the economic and legal effect of the invalid provision.
3.3 Adjustments
AG reserves the right to amend and update these Terms of Use and the Privacy Policy at any time. The version published on its website is authoritative.