Privacy Policy

AGICOA, the Association of International Collective Management of Audiovisual Works (hereinafter also referred to as “us” or “we”) established at 1, rue Pestalozzi, CH-1202 Geneva, Switzerland, is a not-for-profit organization whose purpose consists in the worldwide collective management of copyright and related rights on behalf of producers of audiovisual works.

As the data controller, AGICOA is responsible for the processing of your personal data. As such, AGICOA is committed to protecting and respecting your privacy. 

Personal data is all information relating to an identified or identifiable person such as inter alia a person’s name, address, e-mail address, country of residence and phone number.

This AGICOA Privacy Policy (the “Privacy Policy”) contains important information on how we collect, use and protect your personal data.

This Privacy Policy is based on the data protection laws applicable in Switzerland and, when applicable, other data protection laws such as the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”).

When we refer to “you” or “your” we refer not-only to visitors of AGICOA’s website but also to all third-parties with whom AGICOA might interact in the context of its activities.

We may also apply additional privacy policies/notices in specific circumstances.

We may receive personal data:

• From you when you fill in the applicable forms available on our website (www.agicoa.org) or contact us in writing, by telephone, email or otherwise;
• From third-parties such as our Alliance Partners, rightholders or their representatives or service providers;
• From publicly available sources such as websites, commercial registers or social networks.

Personal data that we may collect from third-parties will depend on the context, but can include the following categories:

• Contact details such as name, address, telephone number and email;
• Professional information such as title and employer’s name.

Whenever personal data is collected (e.g. via the website contact form), we will indicate whether the provision of such data is mandatory (e.g. with an asterisk). In general, if mandatory data fields are not completed, you will not be able to contact us. 

AGICOA shall consider that by providing any personal data to AGICOA – whether relating directly to you or relating to third-parties – you represent and warrant that you have the authority to transfer such data to AGICOA and to authorize AGICOA to process it where necessary in compliance with this Privacy Policy and commit to inform said third-parties of the processing of the personal data by AGICOA according to this Privacy Policy.

We will only process your personal data if we have valid legal grounds for doing so. Depending on the activity carried out, we will therefore only process your personal data based on the following principles:

Contractual necessity
The processing is necessary to fulfil our contractual obligations to you or to take pre-contractual steps at your request. When the GDPR applies, our contractual necessity is based on Article 6(1)(b) GDPR.

Legitimate interests
The processing is necessary for the fulfilment of our legitimate interests, and only to the extent that your interests or fundamental rights and freedoms do not require us to refrain from processing. When the GDPR applies, legitimate interest is based on Article 6(1)(f) GDPR.

Our legitimate interests include: (i) ensuring that our services are provided to our declarants, (ii) protecting the security of our IT systems and (iii) achieving our purpose as set forth in our Bylaws.

Consent
Where we have obtained your prior consent in a clear and unambiguous manner. When the GDPR applies, consent is based on Article 6(1)(a) GDPR.

Legal obligation
The processing is necessary to comply with our legal or regulatory obligations. When the GDPR applies, legal obligation is based on Article 6(1)(c) GDPR.

We process your personal data for the management of your relationship with AGICOA, which includes: 

We may share your personal data, for the purposes described above, with:

• Partner Organizations within the AGICOA Alliance, other collective management organizations, independent management entities or with users authorizing the exploitation of the rights managed by AGICOA located in the countries where AGICOA collects royalties to comply with the existing agreements, secure new agreements with them or claim royalties on your behalf;
• Our business partners, suppliers, agents and sub-contractors (such as IT and cloud providers, tax and accounting service providers), or any other third-parties engaged for the fulfilment of undertakings we have with you and the provision of support services to us; and
• Any authority such as courts, law enforcement agencies, regulatory bodies, auditors and professional advisers in order to, inter alia, comply with any legal obligation, prevent fraud, enforce any agreement or protect the rights, property and safety of AGICOA, its declarants or any other third-parties.

In the contexts described above, your personal data may be made accessible to recipients located outside of Switzerland. This includes in particular: (i) the countries where AGICOA and the members of the AGICOA Alliance are active, (ii) as applicable, the countries from where our service providers operate (including the U.S.) and countries from which declarants access AGICOA International Rights Royalty Information System (“IRRIS”). 

When we need to transfer your personal data to third-parties located outside of Switzerland, we take the necessary steps to ensure that your personal data is processed consistent with this Privacy Policy as well as any applicable legislations, for instance by relying on standard contractual clauses adopted by the European Commission or by relying on a statutory exception such as consent, performance of contracts, the establishment, exercise or enforcement of legal claims, overriding public interests or published personal data.

We are committed to protecting the security of your personal data.

We have put in place appropriate technical and organizational measures against unauthorized access, accidental loss or destruction of, or damage to, your personal data.

All personal data you provide us is stored securely.

AGICOA’s website may contain links to other external websites and should not be construed as constituting any endorsement or approval of the external websites’ content. We take reasonable care in linking external websites but have no direct control over their content or the changes that may occur to the content on those external websites.

If you access external websites using the links provided, the operators of those websites may collect personal information from you that will be processed by them in accordance with their own privacy policies. We encourage you to familiarize yourself with the privacy policies of any other websites that you choose to visit.

We will erase or anonymize personal data as soon as it is no longer necessary for us to fulfill the purposes set out in section VI above. This period varies, depending on the type of data concerned and the applicable legal requirements. 

Certain information relating in particular to the contractual relationship, or our tax and bookkeeping duties must be retained for at least 10 years. Other information is generally retained for shorter periods. 

You have the following rights about your personal data:

• The right to be informed about how we collect and process your personal data;
• The right to access the personal data we hold on you in a structured, commonly used and machine-readable format;
• The right to obtain a copy of your personal data;
• The right to correct any inaccurate or incomplete data;
• The right to have your personal data erased; and
• The right to restrict or object to its processing.

When we rely on your consent, you may withdraw your consent at any time. You may also object at any time to the processing of your personal data or ask that your personal data be erased. AGICOA will then cease the processing and will erase your personal data except where there exists a legal basis for processing your personal data or a legitimate interest pursued by AGICOA or a third-party.

Note also that the erasure, restriction or objection may result in the termination of our services.

AGICOA’s website uses cookies. For more information on which cookies we use and how we use them, please read our Cookies Policy.

If you have any questions about this Privacy Policy or would like to make a request to exercise any of your rights in relation to your personal data, please contact us by email at privacy@agicoa.org.

We take your privacy very seriously and are committed to processing your data in compliance with applicable Swiss and EU data protection legislations. 

If you are unhappy with how your request has been handled, you may lodge a complaint with the Swiss data protection supervisory authority:

Federal Data Protection and Information Commissioner

Feldeggweg 1

CH – 3003 Berne

Tel.: +41 (0)58 462 43 95

or with the supervisory authority of the State of your habitual residence, of the place of work or of the place of the alleged infringement. 

As applicable, a list of the European Union Member States Data Protection Authorities is available here.

This Privacy Policy was last updated on 15 November 2023.

We reserve the right to modify this Privacy Policy at any time. Any change to the processing of your personal data affecting you will be communicated to you through an appropriate channel.