Conditions of use and data protection statement

1. Conditions of use

1.1 Scope of application

The subject of these conditions of use and the data protection statement is the relationships between the J.S. Bach St. Gallen AG (hereinafter “JSBAG”) and the users of the services and products offered on our websites.

These conditions of use and the data protection statement comprise an integral component of every contract closed between JSBAG and the users, 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.

1.3 Liability

JSBAG is not liable for delays, or incorrect or failed delivery of products except in the event of wilful or gross misconduct.

While 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 protection statement

2.1 General

JSBAG places great value on the personal privacy protection of its users. This data protection statement outlines for users JSBAG’s practices in handling personal data and its measures for ensuring conformity with data protection laws.

As a rule, we process personal data of users only to the extent necessary to provide a well-functioning website as well as the related content and services. As a rule, the processing of a user’s personal data takes place only after consent has been given by the user. An exception applies in cases where obtaining consent in advance is, for valid reasons, not possible and the processing of the data is permitted under the relevant legal provisions.

The following data protection principles are based on the Swiss Federal Act on Data Protection (FADP) and the European General Data Protection Regulation (GDPR).

The contact person for all concerns relating to data protection is Anneliese Looser, Publishing and Web Manager, Museumstrasse 1, Postfach 328, 9004 St. Gallen, Switzerland support@bachstiftung.ch.

2.2 Collection, storage, and use of personal data

2.2.1 Collection of personal data

In principle, it is possible to visit the websites of JSBAG without providing any personal data. Every time our internet site is accessed, our system collects automated data and information from the computer system of the requesting computer.

The system’s temporary storage of the IP address is necessary to enable provision of the website to the user’s computer.

The online transmission of personal data between the user’s browser and 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.

2.2.2 Use of collected personal data

JSBAG collects personal data primarily to enable user access to JSBAG’s offering and to fulfil the contractual relationship entered into 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. As a rule, the processing of personal data takes place only after the person concerned has given consent.

2.2.3 Data retention

If you contact us using the contact form on our website or by email, the data you provide is saved for the purpose of processing your request and any follow-up requests that may arise. We reserve the right to use and save for our operational processes any correspondence relevant to our operations and, in particular, any correspondence addressed to us.

In some cases, the legislative authorities provide for the retention of personal data, e.g. under tax or trade law. In such cases, 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.

2.3 Data security and the transfer of personal data to third parties

JSBAG makes every effort to protect data in accordance with the prevailing data protection laws and technical possibilities.

2.3.1 Data security measures

Your personal data are encrypted at JSBAG before transmission. This applies to orders as well as to client login. 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, JSBAG applies technical and organisational security measures that are periodically updated. JSBAG cannot guarantee that its products are available at certain times; technical problems, interruptions or outages cannot be excluded.

2.3.2 Transfer of personal data to third parties

No data is transferred to third parties with the exception of credit card data transferred to the processing bank institution or payment service provider for the purpose of debiting a sales price, the email address transferred to the newsletter provider, data transferred to our tax advisor to fulfil our legal tax obligations, or when the data transfer is ordered by a judicial decision or is legally prescribed. In these cases, the transfer of data is limited to the required minimum.

We use the following services:

• Technical implementation: Freundbild (Ostwall 47, 47798 Krefeld, Germany)
• Webhosting: netcup GmbH (Daimlerstrasse 25, D-76185 Karlsruhe, Germany)
• Newsletter, mailings: CleverReach GmbH & Co. KG (Schafjückenweg 2, 26180 Rastede, Germany), MS Direct AG (Fürstenlandstrasse 35, 9001 St. Gallen, Switzerland)
• Ticketing, CRM system, sales: NGL – Naxos Global Logistics (Gruber Str. 70, 85586 Poing, Germany), Jetticket (Spitalstrasse 5, 7350 Oberpullendorf, Austria), 442plus GmbH (Bruchmattstrasse 21, 6003 Luzern, 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 providers: Stripe Payments Europe, Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland), Twint AG (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 analysis

In line with the GDPR (rightful interest), our objective is the improvement of our offering and our website. Because the privacy of our users is important, user data is pseudonymised.

2.4.1 Use of cookies

JSBAG websites use cookies. When JSBAG websites are visited, these also collect, save, and use general, non-personal user data. Cookies are text files that are saved on the user’s system and enable the analysis of product use. This technology allows JSBAG to identify individual users as visitors and to offer them personalised services or products. It also enables us to recognise your browser upon your next visit. Such tracking data are stored separately from any personal data collected. The collection of tracking data takes place exclusively in anonymous form; it is not possible at any time to identify the individual user. Only the connection to the registered IP Address is known.

The user may prevent the use of cookies by adjusting their browser settings accordingly. However, this may result in restrictions to or non-functioning of JSBAG’s offering. You can adjust your cookie settings here:

Adjust cookie settings

2.4.2 Web analysis

Our website uses functions of Google Analytics, a web analysis service of Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043 USA) and, for analysis, Facebook-Pixel of Facebook Inc. (1 Hacker Way, Menlo Park, CA 94025 USA). To this end, cookies are used that enable an analysis of user website use. The information thus generated is transferred to and saved on the provider’s server.

You can prevent this by configuring your browser to reject the saving of cookies.

Moreover, using a browser plugin, you can prevent the collection and use of data generated by the cookies. You can download the plugin at https://tools.google.com/dlpage/gaoptout?hl=en.

You may also prevent Google Analytics from collecting data by clicking on the following link: Deactivate Google Analytics. This sets an opt-out cookie that prevents the future collection of your data when visiting this website.

2.4.3 Google Ads

JSBAG websites use Google Conversion Tracking. If you reached our website via an ad displayed by Google, Google Ads will place a cookie on your computer. This conversion tracking cookie is placed when a user clicks on an ad displayed by Google.

These cookies lose validity after 30 days and are not used for personal identification. When the user visits certain pages of our website and the cookie is still valid, we and Google can recognise that the user has clicked on the ad and been redirected to the relevant page.

Each Google Ads customer is assigned a different cookie. Cookies can thus not be tracked beyond the websites of the ads customer. The information obtained via the conversion cookie is used to generate conversion statistics for ads customers that have chosen to employ such tracking. The customers find out the total number of users that clicked on their ad and were redirected to a page featuring a conversion tracking tag. They receive no information, however, that can be used for the personal identification of users.

If you wish to be excluded from tracking, you can reject the setting of the required cookie – for example by configuring your browser to generally deactivate the automatic setting of cookies or to block cookies from the domain “googleleadservices.com”.

Please note that if you do not want measurement data to be collected, you should take care not to delete the opt-out cookie. If you have deleted all cookies in the browser, you must reset the relevant opt-out cookie.

2.5 Google Maps

The websites of JSBAG use the offering of Google Maps. This enables us to present interactive maps directly on the website and enables you to access the map function in a convenient form. When you visit our website, Google receives the information that you accessed the relevant sub-page. This takes place regardless of whether Google provides a user account with which you have logged in, or whether no user account exists.

When you are logged into Google, your data are directly attributed to your account. If you do not want attribution to your Google profile, you must log out prior to activating the button. Google saves your data in usage profiles that it employs for the purpose of advertising, market research, and/or needs-based website design.

Such evaluation takes place (also for non-logged-in users) in particular to provide needs-based advertising and to inform other users of the social network about your activity on our website.

You are entitled to reject the creation of this user profile by contacting Google to exercise this right. You can find more detailed information on the purpose and scope of data collection and processing by Google as well as information on your rights and settings options to protect your privacy at https://policies.google.com/privacy.

2.6 Social media plugins

Our websites provide you with plugins to various social networks. If you wish to interact with a social network such as Facebook or Instagram, your activity on our website or via our apps is also logged on the relevant social network. If you are logged into one of these social networks when you visit our website or are in one of our apps or interact with one of the social plugins, the social network is able, depending on your data protection settings, to add this information to your relevant profile for that network.

We advise you that when deactivating social media plugins, the offering of JSBAG, may, depending on the circumstances, be guaranteed only within certain limits.

2.7 Newsletter

You have the option to subscribe to our newsletter via the website. For this we need your email address and your express declaration that you consent to receipt of the newsletter. In addition, the IP address of the requesting computer as well as the date and time of registration are saved.

After registration, you will receive a message at your supplied email address asking you to confirm the registration (double opt-in). This is necessary to prevent third parties from registering using your email address.

You may revoke your consent to receipt of the newsletter at any time. You can deactivate the newsletter subscription yourself at any time. Send your unsubscribe request to the following email address: info@bachstiftung.ch. We will then delete your data relating to the newsletter dispatch without delay.

2.8 Rights of affected persons

Within the scope of the relevant laws, the user has to right to clear information about the processing of personal data, the right to correction and deletion of personal data, the right to limit processing, the right to data portability as well as the right to object when justified by the user’s particular situation and JSBAG has no overriding interests in data processing.

If you believe that the processing of your data contravenes data protection laws or that your legal right to data protection has been violated in any way, you may complain to the supervising authority.

2.9 Automatic decisions, including profiling

No automatic decision-making process based on the personal data collected is undertaken.

3. Legal provisions

3.1 Applicable law, place of jurisdiction

Swiss Law applies exclusively; the courts of St. Gallen, Switzerland, 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.

3.3 Amendments

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 is the version published on JSBAG’s website.