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TERMS OF USE

Last updated: January 11, 2020

Please read these Terms and Conditions (hereinafter: “Terms”, “Terms and Conditions”) and Privacy Policy (hereinafter: “Privacy Policy”) carefully before using the “www.montreuxjazzfestival.com” website (“Website”) or the web-application “MJFSwipe” (hereinafter: “Web-application”) (hereinafter together as the “Services”) operated by Montreux Jazz Foundation (hereinafter “MJF”, “us”, “we”, or “our”).

TERMS AND CONDITIONS AND PRIVACY POLICY

  1. TERMS AND CONDITIONS (“TERMS”)

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.

  1. REGISTRATION OF AN ACCOUNT AND PRIVACY

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

Each account and registration effected via our Website is for a single user only. Where any username and password is allocated to you, we do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Our use of your personal information is governed by our Privacy Policy which can be viewed below. PLEASE READ THE PRIVACY POLICY CAREFULLY – it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.We use cookies and pixel tags for certain areas of our Website and Web-application to enable us to adapt our Services to suit your demands and provide you with a more customised user experience. For further information about the cookies and pixel tags used on our Services, please check below in our Privacy Policy.

2. USING OUR SERVICES

We own or are licensed users of all intellectual property rights in our Website and Web-application and all material and content on our services. You may use this Website and this Web-application and the materials and content on our Services for personal, non-commercial use only. All other use or reproduction of our Website/ Web-application, or materials or content on our Website/ Web-application is strictly prohibited.

Our Services are provided on an “as is” and “as available” basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our Website and Web-application. We make no warranty that our Services will meet your requirements or will be uninterrupted, timely or error-free or that our Services or the server that makes it available are free of viruses or bugs.

While we endeavour to ensure that our Services are normally available 24 hours a day, we will not be liable if for any reason our Services are unavailable at any time or for any period. Access to our Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.

3. VISITOR CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to our Website or our Web-application shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You may not misuse our Services (including, without limitation, by hacking). You are prohibited from posting or transmitting to or from our Services any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs above.

II PRIVACY POLICY

  1. INTRODUCTION

This section informs you regarding the collection, use and disclosure of Personal Information we receive form users of our Website and our Web-application.

The controller of the collection, processing and use of your personal data is:

Montreux Jazz Foundation, 2m2c, avenue Claude Nobs 5, 1820 Montreux

+41 21 966 44 44

info@mjf.ch

2. INFORMATION COLLECTION AND USE

We collect several different types of information for various purposes to provide and improve our Services to you.

  1. Types of Data Collected

Personal Data

While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

•        Email address

•        First name and last name

•        Phone number

•        Address, State, ZIP/Postal code, City

•        Cookies and Usage Data

  • Credit Card details

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Usage Data

We may also collect information on how the Services is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Cookies and Tracking Data

We use cookies and similar technologies to assist with functions such as user authentication, remembering user preferences, understanding how users use our Services, and managing and tracking the effectiveness of our marketing efforts. We also may include tracking pixels, which are small graphic images, in our email messages and newsletters to determine whether the messages were opened and if the links were clicked. In some cases, as outlined below, third parties may also get the opportunity to set cookies.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services. If you do not want to receive tracking pixels in emails we send you, you will need to disable HTML images in your email client, but that may affect your ability to view images in other email that you receive.

Please visit one of the following resources to learn more about how you can control your cookie settings and ad choices:

3For more information about the third Party Cookies, tracking technologies and social plug-ins used on our Services, please check Article 10 “Service Providers” below.

3. USE OF DATA

We use the collected data for various purposes:

  • to maintain and develop MJF’s services and to gather analysis or valuable information so that we can improve our Services;
  • to monitor the usage of our Services;
  • to detect, prevent and address technical issues;
  • to send you marketing communication to promote the services and activities of MJF and notify you about changes to our Services
  • to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.

4. LEGAL BASIS OF THE DATA PROCESSING ACTIVITIES

We only process your personal data in the cases permitted by law. Most frequently, the legal basis for the processing of your personal data by MJF are the following:

  • Contractual need: contractual necessity applies to justify the following uses of your personal data when personal data are necessary for providing the services you have subscribed for or for the performance of any other contract that we have entered into or are about to enter into with you, for communicating with you, for managing your registration and user account, for sharing data with MJF’s partners, including transferring, storing or processing data outside Switzerland and EU, in relation to the provision of services;
  • Legitimate interests of MJF or third parties, provided that your own interests do not prevail: such legitimate interest is deemed to be given when we process your data to establish, exercise or defend our legal claims, to prevent fraud, misuse of our services, to detect any dysfunction of our services and/or Websites, to ensure and improve security of your IT system and network, to process data for statistical purposes;
  • Compliance with legal obligations incumbent upon MJF, especially in the area of archiving and data retention;
  • Consent which you have given after having been duly informed: such consent is deemed to be given in relation to the sending of advertising offers and marketing materials, such as newsletters and other promotional offers. This consent may be withdrawn at any time as described in the Article 8 below. This withdrawal will not, however, affect the lawfulness of consent-based processing prior to withdrawal.

5. RETENTION OF DATA

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. We shall use anonymous data wherever possible. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer periods. We periodically, but at least every 3 (three) years, check that no data is stored for longer than needed.

6. HOSTING AND TRANSFER OF DATA

We are based in Switzerland and all personal data you submit to us will be hosted in an internal encrypted database on our private server located in Switzerland under the supervision of INFOMANIAK NETWORK SA,
rue Eugène-Marziano 25, 1227 Les Acacias. To learn more about the privacy policy of INFOMANIAK NETWORK SA, please visit: https://www.infomaniak.com/en/legal/confidentiality-policy

As a matter of principle, we will never transmit your personal data to other third parties without your prior consent.

However, by using our Services, you accept that we may transmit your Personal Data and Usage Data to our subcontractors and sponsors, including outside Switzerland or European Union, if we deem it necessary for the purposes mentioned in Article 3. You accept that we share your Personal Data, Usage Data and other data collected through cookies and other tracking technologies with the Montreux Jazz Global Partner Audemars Piguet (Marketing) SA, route de France 16, 1348 Le Brassus, Switzerland and its affiliated entities of the Audemars Piguet group for the following purposes: producing reports and statistics, particularly for the purpose of measuring traffic on the Website / Web-application and analyzing users interests and journey on the Website and Web-application. To learn more about the privacy policy of the Audemars Piguet group, please visit: https://www.audemarspiguet.com/en/privacy-policy/. At the Audemars Piguet group level, Audemars Piguet (Marketing) SA is responsible for defining the overall policy for the processing and management of your personal data for commercial and marketing purposes (such as management of the central group CRM system and promotional campaigns at the group level as opposed to local campaigns), as well as the management of the Audemars Piguet website.

We will take all necessary measures to ensure that the receiving entity has agreed to keep your data confidential and secure. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure by contracting specific safeguards, such as standard clause or express consent, that data transfers to databases in that country are equally protected and that a transfer of data to third parties in such countries does not occur.

7. DISCLOSURE OF DATA

We reserve the right to release your personal data if required under law to do so, or based on the good-faith belief that such release is necessary to comply with applicable legislation.

8. YOUR RIGHTS

Your principal rights under the data protection law are as follows:

  • Right to access: you have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.
  • Right to rectification: you have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
  • Right to erasure: in some circumstances you have the right to have your personal data erased. Those circumstances are: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw the consent on which the processing is based and there is no other legal ground for the processing; (iii) you object to the processing of your data and there are no overriding legitimate grounds for the processing; (iv) the personal data have been unlawfully processed; the personal data have to be erased for compliance with a legal obligation to which we are subject; (v) the personal data have been collected in relation to the offer of information society services directly to a child.
  • Right to restrict processing: in some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: (i) you contest the accuracy of the personal data; (ii) processing is unlawful but you oppose erasure; (iii) we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; or (iv) you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
  • Right to object to processing: you have the right to object to MJF’s processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims. You have the right to object to MJF’s processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose. You’ll be able to opt-out from emails we send you by clicking on the unsubscribe link at the bottom of those emails. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
  • Right to data portability: to the extent that the legal basis for MJF’s processing of your personal data is: (i) consent; or (ii) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
  • Right to withdraw consent: to the extent that the legal basis for MJF’s processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

If you wish to be informed about what Personal Data we hold about you or exercise any of your rights in relation to your personal data, please contact us by emailing info@mjf.ch. Please note that we may ask you to verify your identity before responding to such requests.

9. SECURITY OF DATA

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

10. SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Services (“Service Providers”), provide the Services on our behalf, perform Service-related services or assist us in analysing how our Services is used.

We are not responsible for the data processing performed by the Service Providers.

Third Party Cookies and Tracking technologies

We use third-party Service Providers to monitor and analyse the use of our Services and to advertise on third party websites to you after you visited our Services:

  • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ sites or apps” page at www.google.com/policies/privacy/partners/. To opt out of being tracked by Google Analytics when using our website, visit http://tools.google.com/dlpage/gaoptout.
  • Google Ads (AdWords) is a remarketing service provided by Google. You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads. Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Google is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

As a subsidiary of Google, YouTube is certified under the privacy shield agreement and therefore guarantees adherence to European data privacy regulations (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

  • Facebook Pixel is a tool, which enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy. To learn more about Facebook and your privacy, visit https://www.facebook.com/about/privacy.

Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

  • JW Player (LongTail Ad Solutions, Inc.) is a video portal integrated on our Web-application. Each time you visit a site that offers one or more JWPlayer video clips, a direct connection is established between your browser and a JW-Player server in the USA. Information about your visit and your IP address is stored there. By interacting with the JW-Player plugins (e.g. clicking the start button) this information is also transmitted to JW-Player and stored there. For JW Player’s privacy policy and more information about JWPlayer’s collection and use of your information, please visit https://www.jwplayer.com/privacy.

JWPlayer is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000012cAAA&status=Active).

If you wish to opt out of communication please select unsubscribe on your newsletter or contact us.

If you want to stop the resale of your data via Campaign Monitor please opt out here:https://campmon.secure.force.com/ccpa/CCPAOptOut

  • Forms: if you complete a form to enter a competition or provide personal information we retain this data under our standard terms and conditions unless specified. If you opt in to third party data sharing the terms will be specific to that competition or at time of submission. If you wish to opt out please contact us.

Cookies: we use Webtooffee , to save your preferences regarding cookies. Find out more here: https://www.webtoffee.com/privacy-policy/

Social Media

We provide links to share to social media only.

11. LINKS TO OTHER WEBSITES

Our Services may contain links to third-party web sites or services that are not owned or controlled by MJF.

In particular, the tickets for the Montreux Jazz Festival are sold through the Website of Ticketcorner AG, Oberglatterstrasse 35 8153 Rümlang. To learn more about the Data protection statement of Ticketcorner AG, please visit: https://www.ticketcorner.ch/tickets.html?affiliate=TCS&doc=info/dataProtection

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

12. CHILDREN’S PRIVACY

Our Services does not address anyone under the age of 18.

We do not knowingly collect personal data from anyone under the age of 16. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us by e-mailing info@mjf.ch.

13. GOVERNING LAW AND COMPLAINT WITH THE AUTHORITY

These Terms and Privacy Policy shall be governed and construed in accordance with the laws of Switzerland.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

If you consider that the processing of personal data relating to you infringes the legal regulations, you have the right to lodge a complaint with the competent authority of the place where you have your habitual residence or place of work or the place of the alleged infringement.

14. CHANGES TO THE TERMS OR THE PRIVACY POLICY

We reserve the right to change the Terms and Conditions and the Privacy Policy, at any time and in our sole discretion. When changes are made, the last updated version will be effective immediately upon posting on the Website. Your continued use of the Services following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Terms and Privacy Policy periodically to be informed of any change.