Last update: replace this text with the day of publication
PREAMBLE
These terms of use ( “ToU”) govern the use of the Web 3 Music Token Management platform (“Platform”), a platform based on the use of blockchain technology and smart contracts, reserved for members of the Web3 Music Association (see below for identification details) to enable them to perform in electronic form certain operations related to the life of the association. The Platform can be accessed by you (the “User” or “You”) if you are a member of the association via the website replace the URL.
The ToU and the Privacy Policy are collectively referred to as the “Agreement” to be considered an extension of the association relationship with us. Therefore, the Agreement and making the Platform available do not entail the provision of digital services, products, or content. The features of the Platform are the ones available on the date of your access.
The Platform is owned and operated by Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454 (“W3M” or “We”).
The Platform is the exclusive property of W3M.
Please read the Agreement carefully before accessing and using the Platform. By accessing and using any part of the Platform or its Features, you agree to become bound by the Agreement. If You do not agree to all the terms and conditions of the Agreement, then you may not access the Platform and use any Features of Platform.
W3M does not offer financial services, nor does it aim to encourage investments in crypto-assets, nor does it provide financial advice, nor does it carry out any activities reserved for Crypto Asset Service Providers under Swiss Law and Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, or financial intermediaries subject to Swiss Law and Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.
The Platform is not a mere conduit, caching, or hosting service, nor does it allow for the storage and dissemination of information to the public at the request of the User, therefore it should not be considered an online platform or other intermediary service subject to the Digital Services Act (Regulation EU 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital FeaturesServices and amending Directive 2000/31/EC).
ACCEPTANCE OF THE TOU
At the time of your first access to the Platform, You will be asked to accept ToU. By accepting ToU, You enter into the Agreement, which constitutes a legally binding agreement with W3M.
If you do not agree with any of these provisions, we strongly recommend you to cease accessing and using the Platform.
To use the Platform, the User is required to connect their wallet ("Wallet") to the Platform.
THE TOKENS
The Token is considered a utility token under the current Swiss regulatory framework and not a security or payment token, as per FINMA’s interpretation provided to W3M. Consequently, the issuance of the Token by W3M is not subject to the Anti-Money Laundering Act and does not require a prospectus under the Financial Features Act. Furthermore, FINMA confirmed that no other financial market laws in Switzerland, including the Financial Market Infrastructure Act are applicable to the Tokens.
CONDITIONS OF USE FOR THE USER
The User acknowledges and accepts that:
not to use the Platform in an improper manner, for purposes that are not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Platform or damage it, to access the Platform using automated tools (such as collection bots, robots, spiders or scrapers);
not interfere with security-related features of the Platform, including but not limited to: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law. Any attempt at such interference shall attract a ban from the Platform;
not infringe the Intellectual Property Rights of W3M or Third Parties, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
not represent or communicate information about W3M and Features in a manner that is inconsistent with what W3M represents through Platform;
comply with applicable laws and regulations;
provide their true Data and keep it up to date;
W3M will process the User's Data in accordance with the provisions of the Privacy Policy;
W3M will provide the Platform according to the needs related to any scheduled or extraordinary and unmissable maintenance work;
the costs of connection to the Internet network, and those possibly related to the connection modalities, are at the User's expense.
USER REQUESTS
The User may address requests to W3M through the contact information available on the Platform. You may send requests, by way of example - and not limited to - submit ideas to or share doubts with W3M.
If the User provides ideas, suggestions, or other feedback in connection with the use of the Platform ("Feedback"), such Feedback is not confidential and may be used by W3M without restriction and without payment to the User.
W3M will process the Data transmitted by the User when contacting W3M for the sole purpose of executing the issue governed by the ToU, and therefore on the basis of assumptions of a contractual nature, in accordance with the provisions of the Privacy Policy.
RIGHTS OF W3M
W3M has the right to:
modify, update, replace, suspend, limit or interrupt the operation of the Platform and its Features at any time;
analyse the traffic on the Platform (e.g. detect the most visited pages, the number of Users per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the User - from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
solve operational or technical problems (e.g. anomalies in page loading);
perform monitoring activities to repel and prevent cyber-attacks and fraud.
W3M may, at its sole discretion and without any obligation to pay compensation:
deny any of the Users further access and use to the Platform;
take against any of the Users any action for its own protection, including those aimed at obtaining compensation for damages.
WARRANTY EXCLUSIONS AND NO ASSISTANCE
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis and W3M makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
W3M will make every reasonable effort to ensure that the User has continuous and uninterrupted access to the Platform but will not, under any circumstances, be liable if one or more Features are temporarily or permanently inaccessible.
In particular, W3M makes no warranty as to:
the suitability of the Platform with respect to the needs of the User;
the availability of, and the absence of errors in, the Platform;
the quality of the Platform;
the correction of any technical errors of the Platform;
the Tokens will come into existence;
the Tokens will gain a substantial or speculative commercial value;
the Tokens will have merchantability or profitability.
Any material accessed, downloaded, or otherwise obtained through the use of the Platform is done at the User’s own discretion and risk and the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from W3M or through or from the Platform will create any warranty not expressly stated in the Agreement.
W3M does not guarantee the provision of technical assistance in relation to the Platform.
LIMITATION OF LIABILITY AND INDEMNITY
You acknowledge and agree that, to the fullest extent permitted by law, in no event will W3M be liable for any loss of profits, revenue or data, indirect, incidental, special or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or Features, in each case whether or not W3M has been advised of the possibility of such damages, arising out of or in connection with the Agreement.
W3M will not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the User or by Third Parties on the basis of (and as a result of) the Features made available through the Platform.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.
You agree to indemnify and hold W3M, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensees from any and all losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (i) your use of or inability to use any W3M property; (ii) your breach of Agreement; (iii) your violation of any rights of any Third Party or User (vi) your violation of any applicable law, rule, or regulation. W3M reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with W3M in asserting any available defences. You agree that the provisions of this present clause will survive any termination of the Agreement.
INTELLECTUAL PROPERTY
Unless otherwise indicated on the Platform with specific reference to certain items on the Platform, W3M is the exclusive owner of all Intellectual Property Rights in the Platform.
All W3M trademarks, Features marks, trade names, logos, domain names, and any other features of W3M brand are the sole property of W3M or its licensors. The ToU does not grant you any rights to use any of such features whether for commercial or non-commercial use.
The provision of the Platform by W3M will not be considered as an assignment or licensing by W3M in favour of you of any Intellectual Property Right on the Platform
LEGAL DISCLAIMERS
The Users are the sole owners and responsible for their respective Wallets that Users decide to use on the Platform. Accordingly, Users are the sole responsible for keeping private and confidential the respective private keys of such Wallets.
The Platform may include third-party services (i.e. Wallet provider) which we do not own or control. You understand that the Agreement does not apply to your relationships with any Third Parties. You expressly release us from any and all liability arising from your use of such Third-Party services.
CONTRACT CHANGES
W3M reserves the right at any time to modify this Agreement and any legal document present on the Platform, or to add at any time new or additional terms or conditions on your use of the Platform. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Platform will be deemed acceptance thereof.
MISCELLANEOUS
The Agreement regulates the relationship between W3M and the User and does not create rights in favour of, nor obligations against, Third Parties.
Any tolerance by W3M of the conduct of the Users in violation of the provisions contained in the Agreement does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
W3M does not provide the Platform and Features to individuals who do not have the legal capacity to act to accept the Agreement as set out in their home country's legislation.
The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
Any limitation or exclusion of liability provided for in favour of W3M in the Agreement will apply to the fullest extent permitted by law.
APPLICABLE LAW AND JURISDICTION
The Agreement is governed by Swiss Law, without regard to its choice of law or conflicts of law principles.
The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the Agreement is subject to the exclusive jurisdiction of the Swiss Court and, in particular, exclusively to the Court of Zug (Switzerland) unless mandatory applicable laws provide otherwise.
PRIVACY POLICY
Last updated: replace this text with the day of publication
Dear User,
The "General Data Protection Regulation" (EU Regulation 2016/679, also known and hereinafter referred to as "GDPR"), and the Swiss Data Protection Act require us to provide You with the following information on the processing of Your Personal Data.
In order to simplify this policy, in the following we will mainly refer to the GDPR, since it is the most widely known privacy regulation, but we also grant similar rights to Users located in Switzerland or in other jurisdictions, as required by their respective national laws.
This policy informs you of the Personal Data Processing activities we perform as a result of providing the Services (see in the Glossary what we include in the definition of "Services").
“Processing of Personal Data” means any operation concerning any information relating to an identified or identifiable natural person. For example, first and last name, or an email address with a “user name” that identifies you (e.g. johndoe@….) is considered “Personal Data”, and the actions of collection, registration with us and use of your Personal Data to send you a communication are considered “Processing” operations; same applies to communication of Data to other organisations and storage.
As our entity provides the Services, and establishes purposes and means of the Processing of Personal Data relating to You, it qualifies as “Data Controller” under the GDPR.
If You, the User, are the individual whose Personal Data are processed by us, you are referred to as a "Data Subject," and you have the right to receive the following information about who we are, what Personal Data we process, why, how and for how long we process it, and what obligations and rights you have regarding it. If the actual User of the Services is some type of entity (e.g., company, association, etc.), the Data Subjects are the natural persons who materially use the Service on behalf of the entity (e.g., the entity's legal representative and/or its members and/or workers). In the latter case, information strictly related to the entity (e.g., VAT number) is not considered Personal Data, while other information referring to individuals (e.g., identification data of the legal representative) is Personal Data.
Depending on the Services that You use, we may need to process certain Personal Data. In some cases, specified below, we may have an interest in processing Personal Data for purposes other than the provision of the Services: in these cases, we will process only where there is an appropriate legal basis and, where required by law, on the basis of the Consent of the Data Subject.
The following grid and clauses explain how the Association, as Data Controller, will process Your Data.
Definitions of terms and expressions used within this Privacy Policy are contained in the Glossary below. For anything not expressly defined therein, please refer to the definitions set forth in our general terms and conditions available at [enter the correct link] on the date You read this Privacy Policy. In any case of conflict between definitions, the definitions contained in the Glossary below will prevail for the purposes of the Privacy Policy.
Who are we ('Data Controller')?
Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454 (hereinafter simply referred to as "Association" or " Data Controller").
What are the categories of Data Subjects to whom the Privacy Policy is addressed?
To all categories of Users who are individuals
To all for individuals who materially use the Services on behalf of the Users, where the User is a legal entity
What categories of Personal Data do We process?
Browsing Data and Common Data to the minimum extent necessary to achieve each of the Purposes set out below.
If you write to us for any query, please do not include any "sensitive" information in the communication texts and description fields of our online forms (sensitive information is considered to be Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data and data concerning a person's health or sex life or sexual orientation).
What is the origin of your Personal Data?
Normally it is you who transmits them to us or another individual who is part of the organization for which you work and authorized for the purpose.
Why do we process Personal Data (Purpose) and what is the Processing (Legal Basis) of each category of Data, and what is the Retention Period?
Purpose
Categories of Personal Data
Legal Basis
Retention Period
Satisfying Your requests regarding the Site and our activities received at the contact details on the Site
Common Data
The need to take pre-contractual measures at Your request (Art. 6.1.b GDPR)
For a maximum of 2 years from Your last request
Providing You with access to Your profile page
Common Data
The need to execute Your request for a service governed by the terms of service or other similar legal text available on the Site on the date of access in question (Art. 6.1.b GDPR)
For a maximum of 2 years Your last request
Enabling You to use the Platform and its Features
Common Data
The need to execute the agreement of purchase and sale (Art. 6.1.b GDPR)
For a maximum of 10 years from the date of Your last access or upon your cancellation request.
Direct marketing communications relating to products or services similar to those You have already purchased from us, sent to the e-mail address You have previously provided to us (“soft spam” or “soft opt-in”)
Common Data
Our legitimate interest in consolidating our business relationship with You (Art. 6.1.f of the GDPR), unless You inform us that You wish to object it
For a maximum of [_] years from the date of Your last purchase
Fulfilling obligations under Applicable Law and/or orders issued by Authorities, based on the need to fulfil legal obligations to which the Data Controller is subject
Common Data
Depending on the case, the need to execute the purchase and sale agreement (Art. 6.1.b GDPR), or the need to fulfil legal obligations from another source (Art. 6.1.c GDPR)
For the time required by these legal and regulatory obligations
Establish, exercise and/or defend a right in court on the basis of the need to pursue that purpose
Common Data
Our legitimate interest in exercising or defending our rights in court (Art. 6.1.f GDPR)
For the duration allowed by the law to to establish, exercise and/or defend the right considered.
Clarification of Maximum Retention Period
Your Personal Data will be processed for the maximum periods indicated above for the respective processing purposes, unless Applicable Law requires us to retain it for a longer period or permits us to do so in order to protect our rights and/or legitimate interests.
To whom do we disclose Data (Recipient Categories)?
To the minimum extent necessary to achieve each of the Purposes, on the basis of Applicable Law and/or a contractual agreement with the Data Controller, to
individuals/entities who provide us with services and process Personal Data on our behalf as Data Processors or act as autonomous Data Controllers (e.g. IT providers, shipping and transport, commercial agency, accounting, tax and legal services, etc.);
other persons authorised by us (e.g. our workers), committed to confidentiality or subject to a legal obligation to confidentiality;
public organisations and authorities, if and to the extent required by Applicable Law or by their orders, or for the exercise, verification and/or defence of a right in court.
The Data Controller does not disclose Personal Data, except where such disclosure is required, in accordance with the law, by Authorities, information and security bodies or other public entities for purposes of defence or State security or for the prevention, detection or prosecution of criminal offences.
Do we transfer Personal Data outside the European Union?
Some of our IT service providers are based in countries that may not have equivalent privacy and data protection laws to the country in which You reside.
We ensure that when we transfer information of users in the European Economic Area, the United Kingdom or Switzerland, to third countries, the transfer will take place only if there is an adequacy decision or on the basis of the Standard Contractual Clauses (SCCs) provided by the European Commission and other appropriate measures to safeguard the transfer. You can contact us for further information about the transfer of Personal Data outside the above indicated areas.
If You do not agree with the above, please do not use our Services.
Does the Site make use of Cookies?
Yes, and you can figure out what happens on this matter by reading our Cookie Policy.
Are you obliged to provide us with Personal Data?
Due to the way the Internet works, you may not refuse to disclose your Browsing Data; you may not refuse to disclose certain Personal Data (such as the IP address of Your device).
What happens if you refuse to disclose your Data?
If you refuse to provide Personal Data for the above contractual or pre-contractual purposes, we will not be able to enter into/perform the contractual relationship or fulfill your request.
What kind of communication will we send you?
Only if you have sent us requests, we will send you communications necessary to respond to your requests.
Only if you have registered a user profile, we will send you communications concerning access to your profile page and governance-related matters voted through Platform.
Please, note that to interact with its Users, the Association reserves the right to use any service, platform or tool, including but not limited to Discord, Facebook, Typeform.com. For information that the Association requests directly from you through these channels, the Association is the Data Controller and the processing of such information will be done in accordance with this Privacy Policy (and, as the case may be, such third-party providers may act as Data Processors on our behalf). For the use and registration to these channels, however, you are considered a direct User of those services and therefore the operators of those services will process your Data as independent Data Controllers in relation to the Association. Therefore, we recommend that you carefully read the terms of service and privacy policies of such operators.
What rights do You have as a “Data Subject”?
You, as Data Subject, have the right to:
access the data held by the Data Controller, and to ask for a copy, unless the exercise of the right violates the rights and freedoms of other natural persons;
request the rectification of any incomplete or inaccurate data;
request deletion of the data, subject to the exclusions or limitations set out in the Applicable Law (e.g. Art. 17.3 GDPR);
request restriction of processing, where the conditions are met and subject to the exclusions set out in Article 18.2 GDPR;
lodge a complaint with the Data Protection Authority of the EU Member State where he/she normally resides or works, or of the place where the alleged infringement occurred.
Furthermore, you have the following rights:
the right to withdraw Your consent to the Processing of Data at any time, where Your consent was the legal basis for the Processing of Data;
the right to object, under which you may object, upon simple request, to the Processing of Data that the Data Controller carries out for direct marketing purposes, as well as for reasons related to your particular situation (e.g. if you see a harm to your reputation), unless the Data Controller demonstrates an overriding legitimate interest, and unless the processing is necessary for the establishment, exercise or defence of a legal claim.
Who can you contact with questions or to exercise your rights?
You may contact the Data Controller for questions concerning the processing of your Personal Data and to exercise your rights by sending an email to general@web3music.org..
This Privacy Policy is in force from the date indicated in the header. We reserve the right to modify its content, in part or in full. Such updates will be in force from the date of their publication. You are therefore invited to visit this section regularly.
We do not knowingly collect personal information about natural persons who, according to their national law, lack legal capacity to act for the purpose of entering into contracts, except for requests relating to minors made by persons exercising parental authority or custody over the minors concerned. If information on such persons is recorded, We will delete it in a timely manner at the request of the Data Subject or the person exercising parental authority over him or her.
DISTRIBUTED LEDGER TECHNOLOGY DISCLAIMER
The Platform is a means of interacting with the W3M protocol and can be considered the frontend of the W3M protocol, so it has in the backend all the smart contracts that manage all the Features provided on the Platform. The smart contracts reside on the blockchain. The Platform is still based on an indexer that tracks events and populates data on the database managed by the server and sent to the frontend. Therefore by using the Platform, certain Personal Data of Yours will be permanently recorded and publicly visible because such transactions are enabled by a public distributed ledger (e.g. pseudonymised information relating to the Wallets that performed the transactions and information about the transactions).
You can learn more about the distributed ledger that we use for the provision of our Services at the following link: please add the website link
At the present state of the art, there is no technical possibility for us to intervene on the distributed ledger in use (which is not managed by us, nor by one of our providers, but managed in a decentralised manner by multiple nodes scattered around the world and operating among themselves as peers) and to erase or modify such immutable information. Therefore, sometimes we might be unable to completely fulfill some of Your requests pertaining to the Processing of Your Personal Data. For instance if you send us a request for complete erasure of Your Data, we will be able to erase Your user profile, but we will not be able to erase the history of the transactions relating the use of our Platform.
In other words, if you decide to use the Platform, You are consciously deciding to partially waive some of the above-referred rights and data retention limits in the name of transparency, security and public proof of transactions.
GLOSSARY
“Applicable Law”: means any provision, of whatever rank, belonging to Swiss Law or to the law of the European Union when applicable, in whatever way applicable to the Site and to the legal relationships arising as a result of the interactions between the Association and the Users.
“Authorised Agent”: means the natural person, under the direct authority of the Data Controller, who receives instructions from the Data Controller on the Processing of Personal Data, pursuant to and in accordance with Article 29 of the GDPR.
“Authority”: means a body or organisation, public or private, with administrative, judicial, police, disciplinary or supervisory powers.
“Browsing Data”: means the data that the computer systems and software procedures used to operate the Site acquire, during their normal operation, and whose transmission is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified Data Subjects, but given their very nature, this information could, through processing and association with data by third parties, allow users to be identified. This category of data includes IP addresses or domain names of the computers used by users who connect to the Site, URI (Uniform Resource Identifier) addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc..) and other parameters relating to the operating system and computer environment of the user. This data is used for the sole purpose of obtaining anonymous statistical information on the use of the Site and to check its correct functioning and is deleted immediately after processing.
“Committee” o “EDPB”: means the European Data Protection Board, established by Article 68 of the GDPR and governed by Articles 68 to 76 of the GDPR, which replaces WP29 as of 25/5/2018.
“Common Data”: means the Personal Data concerning Your personal details, including, but not limited to, Your first and last name, e-mail address, telephone number, tax code, VAT number, as Well as any other data You may provide us with, for example through the forms or contact details of our organisation available on the Site.
“Association”: Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454.
“Consent of the Data Subject”: means “any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her” (art. 4, paragraph 11, GDPR).
“Cookie”: means short fragments of text (letters and/or numbers) that allow the Web server to store information on the browser to be reused during the same visit to the Site (session cookies) or afterward, even after days (persistent cookies). Cookies are stored, according to the user’s preferences, by the individual browser on the specific device used (computer, tablet, smartphone). The following categories are considered:
Technical cookies: these cookies are essential for the correct functioning of the Site and are used for the sole purpose of transmitting a communication over an electronic communication network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or User to provide such service.
Analytical cookies: these cookies are used to anonymously collect and analyse the Site’s traffic and usage. These cookies, while not identifying the user, allow, for example, to detect if the same user logs in again at different times. They also make it possible to monitor the system and improve its performance and usability. The deactivation of such cookies can be performed without any loss of functionality.
Profiling cookies: these cookies are persistent ones used to (anonymously or otherwise) identify Your preferences and improve Your browsing experience.
Third party cookies (analytical and/or profiling): these cookies are generated by organisations not part of the Site, but integrated into parts of the Site page. For example, Google widgets (e.g. Google Maps) or social plugins (Facebook, Twitter, LinkedIn, Google+, etc.).
“Data”: one or more of the categories indicated as Personal Data.
“Data Controller”: means "the natural or legal person, public authority, service or other body which alone or jointly with others determines the purposes and means of the processing of personal data", as defined in Article 4, subsection 1, no. 7, of the GDPR.
“Data Processor”: means "a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller", as defined in Article 4, subsection 1(8) of the GDPR.
“Data Subject”: “an "identified or identifiable natural person", as defined in Article 4, subsection 1, no. 1, of the EU Regulation 2016/679 (so-called "GDPR").
“Disclosure”: the making of personal data to unspecified persons, in any form whatsoever, including by making them available or consulting them.
“GDPR”: means the EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
“Limitation”: means the marking of personal data stored with the aim of limiting their processing in the future, as defined in Article 4(1)(3) of the GDPR.
“Privacy Law”: the EU Regulation 2016/679 ("GDPR"), the Swiss Data Protection Act, as well as the decisions made by judicial and regulatory bodies, and further applicable pieces of legislation relating to privacy rights and data protection.
“Privacy Policy”: means this policy on the Processing of Personal Data.
“Profiling”: means "any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of that natural person's professional performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements", as defined in Article 4, subsection 1(4) of the GDPR.
“Personal Data”: means "any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person", as defined in Article 4, subsection 1, no. 1, of the GDPR).
“Processing”: means "any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction", as defined by Art. 4, subsection 1, no. 2, of the GDPR.
“Publication”: means the action by which the Data Controller communicates information on the Site, without the implementation of procedures requiring the User to view it.
“Recipient“: means “a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not”, as defined in Article 4, sub-paragraph 1, no. 9, of the GDPR.
“Services”: means the music protocol drop portal (”Drop Portal”) and the services offered by the Association through the Site, including the provision of the Site itself.
“Site”: means the web pages displayed through [please add the link to the Website], including subdomains.
“Supervisory Authority”: the independent public authority established by a European Union state, or by the European Union itself, in charge of supervising the application of the Privacy Law.
“Third Party”: means "the natural or legal person, public authority, service or other body other than the Data Subject, the Data Controller, the Data Processor and the persons authorised to process personal data under the direct authority of the Data Controller or Data Processor", as defined in Article 4, subsection 1, no. 10, of the GDPR.
“User”: means any individual, or legal entity using any of the Services.
Last updated: 21 June 2024
The [please add the website link] Website (hereinafter also the 'Site') uses Cookies for the following purposes: to enable and improve the functioning of the Site.
This document provides detailed information on the use of Cookies and similar technologies, how they are used on the Site and how to manage them.
For further information on the processing of personal data by the Data Controller click here.
Definition
Cookies are short text fragments (letters and/or numbers) that allow the web server to store information on the browser to be reused during the same visit to the Website (session cookies) or later, even after a few days (persistent cookies). Cookies are stored, according to the user’s preferences, by the individual browser on the specific device used (computer, tablet, smartphone).
Types of Cookies
There are different categories of cookies, with different characteristics and uses:
Technical cookies: these are cookies that are essential for the proper functioning of the Website and are used for the sole purpose of carrying out the transmission of a communication over an electronic communication network, or to the extent strictly necessary for the provider of an information society service explicitly requested by the subscriber or user to provide such a service;
Analytical cookies: these are cookies used to collect and analyse Website traffic and usage in an anonymous way. These cookies do not identify the user, but they allow us, for example, to detect whether the same user returns to the Website at different times. They also allow us to monitor the system and improve its performance and usability. These cookies can be deactivated without any loss of functionality.
Profiling cookies: these are persistent cookies used to identify (anonymously or otherwise) the user’s preferences and improve the user’s browsing experience; they are often used to create profiles of the user and are used to send advertisements in line with the preferences expressed by the user while browsing the web.
Third-party cookies (analytical and/or profiling): these are cookies generated by organisations that are not part of the Website, but which are integrated into parts of the Website’s pages. Examples include Google widgets (e.g. Google Maps) or social plug-ins (Facebook, Twitter, LinkedIn, etc.).
The handling of information collected by “third parties” is governed by their policies, which You should refer to, and which for Your convenience are indicated in the links below.
Types of Cookies Used
The Site uses the following Cookies:
ID cookies
Party
Provider
Type
Purpose
Duration
Further Information
wagmi.recentConnectorId
First
Web3 Music Association
Technical
Functional
Sessional
Used for managing logins with wallets. It stores the wallet connector in use, such as MetaMask.
wagmi.store
First
Web3 Music Association
Technical
Functional
Sessional
Used for managing logins with wallets (such as the connected address and chain id).
wagmi.metaMask.disconnected
First
Web3 Music Association
Technical
Functional
Sessional
To track the state when a user logs out from a wallet connection (such as MetaMask)
ATTENTION: If You navigate on the Site from a Google Chrome browser and/or while logged into your Google account, further Google cookies may be installed without your consent and without the possibility for us to prevent this. Similarly, this could happen by using browsers or by logging into accounts provided by other companies. In all these cases, the Processing of Personal Data is not carried out by us and we do not assume the status of Data Controller for such Processing. We do not have any control over such Cookies, nor shall any liability arising out of the installation of such Cookies on your devices be imputed to us.
Management
As shown in the grid above, the Site uses only technical cookies. These cookies do not require the consent of the Data Subject, because they are necessary for the provision of the Site. For this reason, the Site does not use a banner to manage Cookie consent.
The User can decide whether or not to accept Cookies by using the settings of his or her browser. In this case, the setting can be defined specifically for different websites and web applications. Furthermore, the best browsers allow different settings to be defined for different types of cookies:
Firefox: Cookie Management | Firefox Support
Internet Explorer: Deleting and Managing Cookies in Internet Explorer
Opera: Web preferences - Opera Help
Safari per Mac: https://support.apple.com/it-it/guide/safari/sfri11471/mac
The usability of the contents is also possible by completely disabling cookies, with the exception of 'session' cookies in the event that the User wishes to authenticate himself, and disabling 'third-party' cookies does not affect the navigability of the Site in any way.
If you do not install the Cookies that are strictly necessary for the operation of the Site, you will not be able to proceed to browse the Site. These Cookies alone are by default ready to be installed on the device you are browsing from and do not, by law, require your express consent for installation.
The Company cannot guarantee the perfect functioning of the aforementioned tools, but undertakes to evaluate from time to time the most suitable tools for the purposes of compliance with the GDPR and applicable privacy and data protection regulations, possibly even replacing the tools currently in use with others that are more suitable or better functioning.