In this privacy policy, I, Esther Seidel, explain how we collect and otherwise process personal data. This is not an exhaustive description; other privacy policies (or general terms and conditions, conditions of participation, and similar documents) may regulate specific matters. Personal data refers to all information relating to an identified or identifiable person.
If you provide us with personal data of other persons (e.g., family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only share their personal data with us if you are permitted to do so and if this personal data is correct.
This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”), the Swiss Data Protection Act (‘FADP’) and the revised Swiss Data Protection Act (“revFADP”). However, whether and to what extent these laws apply depends on the individual case.
1. Responsable person
Esther Seidel, Florastrasse 18, 2502 Biel, is responsible for the data processing described here (unless otherwise specified in individual cases). If you have any concerns regarding data protection, please contact us at the following address: Esther Seidel, Florastrasse 18, 2502 Biel.
2. Collection and processing of personal data
We primarily process personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved, or that we collect from users when operating our websites, apps, and other applications.
To the extent permitted, we also obtain certain data from publicly accessible sources (e.g., debt collection registers, land registers, commercial registers, the press, the Internet), from authorities, and from other third parties. In addition to the data you provide to us directly, the categories of personal data we receive about you from third parties include, in particular, information from public registers, information we obtain in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, credit reports (insofar as we conduct business with you personally), information about you provided to us by people in your environment (family, advisors, legal representatives, etc.) so that we can conclude or process contracts with you or involving you (e.g., references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, distribution and other contractual partners of ours regarding the use or provision of services by you (e.g., payments made, purchases made), information about you from the media and the internet (if appropriate in specific cases, e.g., in the context of a job application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g., IP address, MAC address of your smartphone or computer, information about your device and settings, cookies, date and time of your visit, pages and content accessed, functions used, referring website, location information).
3. Purposes of data processing and legal bases
We use the personal data we collect primarily to conclude and execute our contracts with our customers and business partners, in particular in connection with the services we offer for musical performances with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.
In addition, we process personal data relating to you and other individuals, to the extent permitted and as we deem appropriate, for the following purposes in which we (and occasionally third parties) have a legitimate interest:
● Offering and further developing our offers, services, websites, apps, and other platforms on which we are present;
● Communicating with third parties and processing their inquiries (e.g., job applications, media inquiries);
● Reviewing and optimizing procedures for needs analysis for the purpose of direct customer contact and collecting personal data from publicly available sources for the purpose of customer acquisition;
● Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will then place you on a block list to prevent further advertising mailings);
● Market and opinion research, media monitoring;
● Assertion of legal claims and defense in connection with legal disputes and official proceedings;
● Prevention and investigation of criminal offenses and other misconduct (e.g., conducting internal investigations, data analysis for fraud prevention);
● Ensuring the smooth running of our business, in particular our IT systems, websites, apps, and other platforms;
● Video surveillance to enforce our property rights and other measures to ensure IT, building, and facility security and to protect our employees and other persons, as well as assets belonging to us or entrusted to us (e.g., access controls, visitor lists, network and email scanners, telephone recordings);
● Purchase and sale of business areas, companies or parts of companies and other corporate transactions and the associated transfer of personal data, as well as measures for business management and, to the extent necessary, compliance with legal and regulatory obligations and internal regulations of Esther Seidel.
If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies / Tracking and other technologies related to the use of our website
We typically use “cookies” and similar technologies on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website or install our app. When you visit this website again or use our app, we can recognize you even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g., two years) (“permanent cookies”). However, you can set your browser to reject cookies, store them only for a session, or delete them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g., language, autologin), so that we can better understand how you use our offers and content, and so that we can display offers and advertising tailored to you. (which may also happen on websites of other companies; however, they will not learn from us who you are, if we even know that ourselves, because they only see that the same user who was on a specific page on our website is also on their website). Some of the cookies are set by us, some by contractual partners with whom we work. If you block cookies, certain functions (such as language selection, shopping cart, ordering processes) may no longer work.
In our newsletters and other marketing emails, we sometimes include visible and invisible image elements, which we can retrieve from our servers to determine if and when you have opened the email, so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are preset to do so.
By using our websites and apps and consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not want this, you must adjust your browser or email program settings accordingly, or uninstall the app if this cannot be adjusted via the settings.
If Google Analytics or other statistical services are used that do not transmit personal data (such as email addresses):We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as a processor (both “Google”), www.google.com), which we use to measure and evaluate the use of the website (not personal). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of Google visitors in Europe are truncated before being forwarded to the USA and cannot therefore be traced. We have disabled the “data sharing” and “signals” settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google may use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles, and link this data to the Google accounts of these individuals. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then carried out under the responsibility of the service provider in accordance with its data protection regulations. The service provider only informs us about how our respective website is used (no information about you personally).
We also use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest, and Instagram on our websites. You can see this in each case (typically via corresponding symbols). We have configured these elements so that they are disabled by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where, and can use this information for their own purposes. The processing of your personal data is then carried out under the responsibility of this operator in accordance with its data protection regulations. We do not receive any information about you from this operator.
5. Data disclosure and data transfer abroad
Within the scope of our business activities and the purposes set out in section 3, we also disclose data to third parties, insofar as this is permitted and appears appropriate to us, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following entities:
● Our service providers (within Esther Seidel and externally, such as banks and insurance companies), including order processors (such as IT providers);
● Dealers, suppliers, subcontractors, and other business partners;
● Customers;
● Domestic and foreign authorities, government agencies, or courts;
● Media;
● The public, including visitors to websites and social media;
● Competitors, industry organizations, associations, organizations, and other bodies;
● Acquirers or prospective acquirers of business units, companies, or other parts of Esther Seidel;
● Other parties in potential or actual legal proceedings;
all recipients together.
Some of these recipients are located in Germany, but they may be located anywhere in the world. In particular, you must expect your data to be transferred to all countries in which Esther Seidel is represented by branches or other offices, as well as to other countries in Europe and the USA where the service providers we use are located (such as Google).If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection regulations (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be found here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless they are already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires such disclosure, if you have consented to it, or if it concerns data that you have made generally accessible and to the processing of which you have not objected.
6. Duration of storage of personal data
We process and store your personal data for as long as is necessary to fulfill our contractual and legal obligations or for other purposes pursued with the processing, i.e., for example, for the duration of the entire business relationship (from the initiation, execution, to the termination of a contract) and beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as a matter of principle and as far as possible.
7. Data security
We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse.
8. Obligation to provide personal data
Within the scope of our business relationship, you must provide the personal data that is necessary for establishing and conducting a business relationship and fulfilling the associated contractual obligations (you are not generally legally obliged to provide us with data). Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). The website cannot be used either if certain information required to secure data traffic (such as your IP address) is not disclosed.
9. Profiling
We process your personal data in a partially automated manner with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to communicate and advertise in line with your needs, including market and opinion research.
10. Rights of the data subject
Within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing, and otherwise to object to our data processing, in particular that for direct marketing purposes, profiling for direct advertising, and other legitimate interests. deletion, the right to restrict data processing and otherwise object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the disclosure of certain personal data for the purpose of transfer to another location (so-called data portability). Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are permitted to invoke this) or need it to assert claims. If you incur any costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or cost implications. In this case, we will inform you in advance if this is not already regulated in the contract.
The exercise of such rights generally requires that you clearly prove your identity (e.g., by providing a copy of your ID card if your identity is otherwise unclear or cannot be verified). To assert your rights, you can contact us at the address specified in section 1.
Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
11. Changes
We may amend this privacy policy at any time without prior notice. The current version published on our website applies. If the privacy policy is part of an agreement with you, we will inform you of any changes by email or other appropriate means in the event of an update.