conditions of use and data protection statement

Version 1.1, valid from 1 August 2015 until revoked

I. Conditions of use

1. Scope of application

The subject of these conditions of use and the data privacy statement is the relationship between the J.S. Bach Foundation of St. Gallen (hereinafter "Foundation") 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 Foundation and the User, unless agreed otherwise in writing by the parties.

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.

3. Liability

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

While the Foundation 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.

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 Foundation, 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.

II. Data privacy statement

1. General

The Foundation places great value on the personal privacy protection of the Users of its products. This data privacy statement outlines for the User the Foundation's practices in handling personal data and its measures for ensuring conformity with data protection laws.

2. Collection, storage and use of personal data

2.1 Collection of personal data

As part of the registration process, the Foundation collects the registered User's given and family names, postal address and email address. For registrations completed in the ordering process, all data relevant for an 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 Foundation takes the necessary security measures in order to protect the User's personal data from loss, theft or misuse.

The online transfer of personal data between the User's browser and the Foundation'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 Use of collected personal data

The Foundation collects personal data primarily to enable User access to the Foundation'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.

3. Anonymous tracking information ("cookies")

The Foundation also collects, stores and uses non-personal data of Users when they browse the website. This takes place through the use of Cookies. Cookies are text files that are saved on the User's system and enable the analysis of product use. This technology allows us to identify individual Users as visitors and to offer him or her personalised services or products. 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 his or her browser settings accordingly. However, this may result in restrictions to or non-functioning of the Foundation's offering.

4. Transfer of personal data to third parties

The Foundation 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.

5. Consent

The product User consents to the collection, storage and use of personal data and anonymous tracking information to the extent described above.

6. Contact partner for data protection issues

All questions regarding the protection of stored personal data are to be directed to the security administrator at: support@bachstiftung.ch

III. General

1. Applicable law, place of jurisdiction

Swiss Law applies exclusively; the courts of St. Gallen are exclusively competent.

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. Amendments

The Foundation 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 Foundation's website.

St. Gallen, 1 August 2015