Last updated: 4 March 2019
General
VAM takes the protection of your data seriously. We would like to make sure that you feel safe when using our VAM online platforms. In the following, we will explain which data we collect and how we use them.
Any personal data you supply to VAM when using our online platforms are processed in accordance with the Swiss Data Protection Act (DSG) and other applicable legal provisions. The Data Privacy Statement is adopting the terminology of the Council of Europe and the European Union's General Data Protection Regulation (EU DS-GVO).
VAM Data Privacy Charter
VAM is committed to the following basic principles:
I. Relevance: Knowing our audiences' expectations is pivotal to the continuous improvement of our program quality. This is why we may process personal data.
II. Transparency: Data privacy is a top priority to us. We therefore inform our users of the purpose of the data processing. Where required, we obtain the users' consent.
III. Security: Data security is a top priority to us. We take all the necessary technical and organizational measures to keep data safe and we do not sell any data.
IV. Freedom of choice: Users, at their entire discretion, may decide to participate into surveys providing their personal details.
Data Privacy Statement
Responsible Authority
The responsible authority (controller) is BCN Visual Asset Management Srl. (VAM thereafter) , Route de Penau, 110 - 1052 Le Mont sur Lausanne, Switzerland.
General
VAM believes that it is important that its users know which of their personal details are processed, for what purpose, and when.
VAM reserves the right to change this Data Privacy Statement from time to time. We therefore recommend that you read this Data Privacy Statement regularly. You will see the date of the last update at the top of this Data Privacy Statement.
What are personal data?
Personal data are the details of an identified or identifiable natural person, e.g. name, address, telephone number, date of birth or e-mail address.
As a rule, you can use our online platforms without providing any personal data. To use certain online platforms you may be required to enter personal data, e.g. in order to subscribe to a newsletter, post a comment or enter a competition.
Personal data are therefore not generally processed, but only under certain circumstances and for specific purposes.
When are personal data processed for the VAM online platforms?
In order to provide the VAM's online platforms, VAM or third parties process personal data in the context of:
A. Websites: Personal data are processed via the logfiles, cookies, analysis tools, contact forms and plug-ins of social media and other providers.
B. User-generated content: Personal data are captured via forums, chats and blogs and processed in the form of user-generated content.
C. Newsletters: Personal data are processed on the basis of your consent when you subscribe to the newsletter.
D. Contact forms: Personal data are processed via contact forms when you submit suggestions and questions about our service.
E. Surveys: Personal data may be processed via contact forms when you take part in a survey.
For what purposes are personal data processed?
A. To make the online platforms available to users
B. To optimize the online platforms (e.g.market research and audience measurement)
C. To personalize the online platforms for their users
D. To send out e-mail newsletters
E. To run surveys
F. To protect the data of the online platform users
Based on which legal foundations does VAM process personal data?
If we obtain your consent to process your personal data, this serves as the legal basis. This is the case with newsletters, comment posts or surveys, for example.
We also process your personal data on the basis of our legitimate interest. This includes processing data for the purpose of providing and optimizing our online platforms.
When personal data are processed under a legal obligation, this obligation serves as the legal basis. This may be the case, for example, when personal data are passed on to a third party, and for reasons of obligatory storage duration or retention periods.
Disclosure of personal data to third parties
Do we pass personal data on to third parties?
We only disclose your personal data to third parties if you have given your consent or if there is a legitimate interest on our part.
Furthermore, we may transmit data to third parties if we are obliged to do so on the basis of legal provisions or an enforceable administrative or judicial order or request.
Are any third parties involved in the processing of data?
We may use service providers for the data processing. Service providers are generally involved as contractors who are permitted to process users' personal data only in accordance with our instructions. For example, your e-mail address may be passed on to a service provider so that it can send you a newsletter that you subscribed to.
Do we pass on personal data to recipients in a third-party country (outside Switzerland/EU/EEA)?
We may pass on personal data to third parties or contractors who are not based in Switzerland nor a EU/EEA country.
Storage duration and retention periods
For how long does VAM store the personal data?
We store your data for as long as necessary to make our online platforms and the associated services available or for as long as we have a legitimate interest in storing them. In all cases, we delete your personal data except those that we need to continue to store in order to fulfil our legal obligations (e.g. retention periods).
Users' rights
What rights do you have?
1. Right to information: Users have the right to demand from the controller confirmation of the personal data that are processed and whether they are transmitted to a third-party country.
2. Right to correction: Users have the right to demand that the controller correct any incorrect or incomplete personal data that pertain to them.
3. Right to deletion: Users have the right to demand that the controller immediately delete any personal data pertaining to them if they are no longer required for the purposes for which they were captured or processed and no other legal provisions are opposed to their deletion.
4. Right to limited processing: Users have the right to demand that the controller limits the processing of their data.
5. Right to revoke consent: Users have the right to revoke their consent to the processing of their respective personal data for one or more specific purposes at any time, if the processing is based on their express consent. When you revoke your consent, the legality of the processing that was done until then is not affected as this was based on the consent you had given before revoking it.
6. Right to object: Users have the right to object to the processing of their respective personal data at any time, if the processing is done on the basis of the legitimate interest of the controller or a third party for the purpose of direct marketing, for example.
How can you exercise your rights?
To exercise your rights, please contact: info@artsandculture.net. You will find further information under Contact.
Data privacy contact
You can contact us as follows:
www.visualassetsmanagement.com
Route de Penau, 110 - 1052 Le Mont sur Lausanne, Switzerland
E-Mail: info@visualassetsmanagement.com
Rights to content and liability
Rights to content
Property of VAM: The contents of VAM s internet platforms are protected by copyright. The contents may not be modified, transmitted, distributed, stored, copied or republished without the consent of VAM Use of the material made available is permitted for non-commercial purposes only. In particular, the VAM video player may only be embedded in unmodified form and only in advertising-free environments.
Usage rights to VAM's content: For any software, folders, data and content of the VAM online offerings that are expressly made available for download, ARTS grants to the user a simple, non-exclusive and non-transferrable licence that is limited to a one-off download and storage of the data. All other rights remain with ARTS In particular, the content may not be sold or used for any commercial purpose.
User-generated content: If the user uploads content to the user-generated content area using the interactive platforms, this issues VAM with an unlimited right, in terms of time, location and material, to use the uploaded content. The content may also be embedded or played as a link on a third-party page or be uploaded to a third-party website (particularly Facebook Instagram or similar) for playback. The rights exercised by the collection company for content that is detected by the programme controller and is broadcast in VAM's programs are reserved. Even if the content is not published, the user is in agreement with such publication.
The user guarantees that he or she is fully entitled to upload the content. In this regard, the user releases VAM from any recourse to the law, litigation, claim for damages or other claims and demands that a third party could initiate and assert with regard to the upload of their video, audio or images.
Release
The user releases VAM from any claims that a third party could assert on the use of user-generated content. All costs, especially those based on legal claims for damages made against VAM, shall be borne by the user.
Liability
VAM is not liable - as far as the law permits - for data or information that is distributed on the VAM internet platforms, nor for any damages that may arise on their basis. This applies to all types of claims, in particular claims as a result of an error, delay, interrupted transmission, infrastructure failure, incorrect content, loss or deletion of data, viruses or in any other way when using the VAM's Internet platforms.
The VAM website may contain links to third-party websites for information purposes. In this case, VAM takes no responsibility for the content, correctness, legality or functionality of the third-party websites to which links or tools on the VAM Internet platforms refer. Users visit websites via links at their own risk.
VAM does not guarantee continuous access to its Internet platforms or perfect access quality. In particular, it cannot rule out a failure of its communication networks and gateways.VAM accepts no liability for ensuring that its Internet platforms function without interruption or error or that any errors that occur will be corrected.