Privacy Policy

 

Welcome to https://www.bortmusic.com/ the official website of BORT. “BORT” or “we” or “us” or “our” means:  BORT. We refer to you as “you” or “your” or “yourself.”

We appreciate your patronage. Your privacy is very important to us. The purpose of this Privacy Policy is to provide you with details of how we will collect, use and share the personal information you supply to us and how you can correct or change such information. This Privacy Policy is expressly incorporated into the Terms of Use of our website and extends to our offline activities.

We will act in accordance with current legislation and aims to meet current best practice with regard to the processing of personal information.

This Privacy Policy does not apply to the practices of third parties that we do not own or control.

If you are in Europe, “personal information” covers all personal data processed by us, which means the information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.  “Europe” covers the European Economic Area and Switzerland.

By accessing, visiting, browsing, using or attempting to interact with any part of our website (the “Site”), you are accepting the practices described in this Privacy Policy. If you do not wish to agree to the terms of this Privacy Policy, please immediately cease use of the Site. Your use of the Site is also subject to the “Terms and Conditions,” which are separate from this Privacy Policy..   

What information do we collect about you?

We collect your personal information when you provide it to us.  We may also collect other information that you voluntarily provide to us, including when you communicate with us via email, post, telephone or other channels; and when you respond to our communications or requests for information. The types of information that may be collected may include, but are not limited to: name, email address, postal address, shipping address and telephone number and user name.  We may also collect information about other people that you provide to us, for example when you submit another person’s name and address when you purchase a gift.

We collect information about you when you sign up for or request that we send you marketing materials and when you sign up for an event or enter a competition, raffle, sweepstake or charity auction. We also collect information when you voluntarily complete an inquiry form on the Site or purchase, return or exchange goods or purchase services offered through the Site.  

Website usage information is collected using web logs and cookies. When you enter the Site, we collect your browser and device information, including IP address and advertising identifiers.  We collect information about how you interact with us and the Site, any preferences you express and settings you choose. This information is gathered for all visitors and users of the Site.

We may receive information about you from other sources, including third parties (such as Ticketmaster, Merch Traffic and Spotify) and publicly available information that help us update, expand and analyze our records; identify new customers; or prevent or detect fraud.  We may combine the information collected from these sources with other information in our possession.

We may also receive information about you from social media platforms, including when you interact with us on those platforms or access our social media content. Please note that the information we may receive from those third party sites (such as Facebook, Instagram, Twitter and TikTok) is governed by the privacy settings, policies, and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information to them.

You can choose not to disclose certain information, but then you might be limited in the services you can take advantage of on the Site.  

Any information you post publicly on the Site is available to the public without any expectation of privacy or confidentiality.

To help us make emails more useful and interesting, we may receive a confirmation when you open an email from us.

We ask that you do not send us or disclose any sensitive information on or through the Site or otherwise, being personal information relating to: racial or ethnic origins; political opinions; religious or other beliefs; health or medical conditions; trade union membership; sexual orientation; or criminal background.  If any sensitive information is freely available or accessible in the public domain, we will not have any obligations to you regarding that information.

If you are in Europe - What are our responsibilities to you?

If you are in Europe, for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”) and the equivalent Swiss arrangements, we will be the data controller for personal information we collect from you. We have a Data Protection Officer who can be contacted as noted below:

Data Protection Officer
info@bortmusic.com

Our staff and associates must abide by this Privacy Policy when handling personal information and must take part in any required data protection training.  Any breach will be taken seriously and may result in disciplinary action.  

For the purposes of the GDPR, we have a data protection officer who oversees our compliance with data protection laws and this Privacy Policy, and provides guidance and advice to us and our staff and associates as required.  Our data protection officer will be responsible for reporting any failures to comply with the data protection legislation.

How we may use and share the information we collect

We may use the information we collect in the following ways:

• to respond to your inquiries;

• to provide you with goods and services that you request, process donations that you make, process returns and refunds and enable you to participate in events, competitions, raffles, sweepstakes, and auctions and message boards or online forums;

• to present our Site to you and send you marketing communications and other information or materials that may be of interest to you or which you have expressed an interest in receiving;

• to maintain our list of contacts;

• for BORT’s business or charitable purposes, such as: improving the provision of our Site, products and services; data analysis; submitting invoices and debt collection; detecting, preventing and responding to actual or potential fraud, illegal activities or intellectual property infringement;

• to better understand your needs and assess the effectiveness of our events, promotional campaigns and publications; and

• as we believe reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protect your, our, or others’ rights, such as exchanging information with other companies and organizations for fraud protection and credit risk reduction.

We may share the information we collect in the following ways:

• with our staff and associates, but their use shall be limited to the performance of their duties and in line with the reason for processing.  Our employees and independent contractors are required to keep that information confidential and are not permitted to use it for any purposes other than to provide our services, to deal with requests which are submitted to us, or for the purposes of facilitating our use of that information in accordance with this Privacy Policy;

• with third party service providers engaged by us to perform services on our behalf, such as web-hosting companies, information technology providers, web-development consultants, analytics providers, delivery of goods and services, processing of credit card payments, billing and debt collection, customer services, marketing and communications services, ticket sales and event hosting;

• with third parties who sponsor or co-sponsor or promote or co-promote an event or a competition, raffle, sweepstake, promotion, charity auction or other activity in which you participate;

• with law enforcement, courts or tribunals, other government authorities or third parties (within or outside the jurisdiction in which you reside) as may be permitted or required by the laws of any jurisdiction that may apply to us; as provided for under contract; or as we deem reasonably necessary to provide our services.  In these circumstances, we take reasonable efforts to notify you before we disclose information that may reasonably identify you or your organization, unless giving prior notice is prohibited by applicable law or is not possible or reasonable in the circumstances;

• to protect the rights, property, or safety of BORT or others, including exchanging information with other companies and organizations for fraud protection and credit risk reduction; and

• with service providers, advisors, potential transactional partners or other third parties in connection with the consideration, negotiation, or completion of a transaction in which we are acquired by or merged or amalgamated with another company or we sell, liquidate, or transfer all or a portion of our assets.

We do not sell, rent or otherwise share any information with unaffiliated entities except as expressly described in this Privacy Policy, or with your prior permission.  We may share aggregated and/or anonymized information that does not reasonably identify you or your organization only as permitted by applicable law.

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

Legal grounds for using personal information

We rely on the following legal grounds to process personal information: 

Consent: we may use personal information as described in this Privacy Policy, and as detailed in our Terms and Conditions for the use of the Site, subject to your consent. To withdraw your consent to such use, please contact us as advised in Section 16 below.

Performance of a contract: we may need to collect and use personal information to enter into a contract with you or to perform a contract that you have entered into with us.

Legal obligation: we may need to collect and use personal information to comply with legal obligations to which we are subject.

Legitimate interests: we may use your personal information for our legitimate interests to provide our services and to improve our services.  Consistent with our legitimate interests and consents that may be required, we may use personal information for our marketing purposes and other technical information as described in this Privacy Policy.

California Civil Code Compliance

If you are a resident in California in the United States, we seek to comply with the California Civil Code Section 1798.80-1798.84.  That law permits you to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  You may only make such a request one time each year.

To make such a request, please contact us as advised in Section 16 below with any questions regarding such use of personal information.

The entire California Civil Code Section 1798.80-1798.84 documentation can be viewed here.

The measures we have in place to protect and safely store the information we collect

The security of your personal information is important to us.   No credit card information is stored on our servers. We follow reasonable precautions to secure and protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it.  However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. You acknowledge that you are aware of security and privacy limitations, such as: (a) the limitation of security, privacy and authentication measures and features; and (b) that data or information on the Site or server may be subject to hacking, password theft, electronic fraud and/or contaminated viruses.  Subject to our obligations to you under the GDPR if you are in Europe and the equivalent Swiss arrangements, we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our gross negligence or willful default. Any transmission of your information is at your own risk. Therefore, we urge all users to exercise caution while using our Site.

We use a number of suppliers and service providers in connection with the operation of our business and they may have access to the personal information we process.  For example, an IT service provider may see your personal information when providing software support, or a company which we use for delivery of goods, processing of credit card payments or a marketing campaign may process your personal information for us.  When contracting with suppliers and/or service providers, we take appropriate steps to ensure that there is adequate protection in place and that data protection principles are adhered to.

The Site is hosted in the United States and is governed by United States law. If you are visiting the Site from outside of the United States, please be aware that your personal information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy. If you are in Europe, and we transfer your data outside of Europe, we will only do so where we are sure that there is an adequate level of protection in place for personal information, such as standard contractual clauses where appropriate.

Retention of the information we collect

We retain the information we collect for no longer than is reasonably necessary to fulfill the purposes for which we collect the information and to comply with our legal obligations.

Following completion of the services provided by us, we will either retain the related papers or store these records digitally.

Where personal information is retained for the purposes of sharing promotional material, and you no longer want to be contacted by us, please contact us as advised in Section 16 below.  Please include your name and mailing address (as well as your e-mail address) if you also prefer not to receive direct mail. Note that you may still receive service related communications from us.

Web log information

Web log information is gathered when you visit our Site by the computer that hosts our Site (called a “server”).  The server automatically recognizes some information, such as the date and time you visited our Site, the pages you visited, crashes, the website you came from, the type of browser you are using (e.g., Google Chrome, Internet Explorer), the type of operating system you are using, and location data.  It helps us improve our Site and to deliver a better and more personalized service, such as by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Site according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Site.

Cookies

The Site may use a technology called a “cookie”.  A cookie is a piece of information that our server sends to your computer when you access a website.  Then, when you come back, our Site will detect whether you have one of our cookies on your computer. Our cookies help provide additional functionality to the Site and help us analyze site usage more accurately and allows us to build up a more detailed profile of you and preserve your authentication status (if you are registered on the Site). You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn more about cookies, you may wish to visit www.allaboutcookies.org.  If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

IP Addresses

The Site use Internet Protocol (IP) addresses. An IP address is a number assigned to your computer by your Internet Service Provider so you can access the Internet. Generally, an IP address changes each time you connect to the Internet (it is a dynamic address). Note, however, that if you have a broadband connection, depending on your individual circumstances, it is possible that your IP address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable. This is because with some broadband connections your IP address does not change (it is static) and could be associated with your personal computer. We use your IP address to report aggregate information on use and to help improve the Site.

How we respond to Do Not Track signals and apply local shared objects, pixel tags, web beacons, analytics, tailored advertising and location information

Do Not Track is a privacy preference that visitors and users can set in their web browsers.  When a visitor or user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the visitor or user.  For information about Do Not Track, visit www.allaboutdnt.org.  Please note there is no industry consensus as to what website operators should do with regard to Do Not Track Signals. Accordingly, we do not monitor or take action with respect to Do Not Track signals or other mechanisms.  

In addition, the Site may use other technology that is standard to the Internet, such as local shared objects, pixel tags, web beacons and other similar technologies, to track visitors to or users of the Site. Those tools may be used by us and by third parties (such as Facebook and Google) to collect information about you and your Internet activity, even if you have turned on the Do Not Track signal.

We may use third party web analytics services, such as those of Google Analytics, who use cookies to collect information in an anonymous form, such as the number of visitors to the Site, the user names of visitors, where visitors have come to the Site from, the pages they visit and the actions they take while using the Site.  You can opt out of Google Analytics by visiting the Google Analytics’ Opt-out Page.

We and third party service providers (such as Google, Facebook and Twitter) may serve targeted advertisements through the use of cookies, pixels and web beacons when you visit the Site or visit third party websites.  In some instances, these cookies may be persistent cookies. We and third party service providers may also use cookies and other information to try and identify other devices and browsers that you may use so we and third party service providers may serve targeted advertisements to those devices.  We do this to provide you with advertising that we believe may be relevant for you. You can opt out of Google’s use of such targeted advertisements by visiting the Google Advertising Opt-out Page. You can learn how to opt out of Facebook and Twitter targeted advertisements by similarly visiting each of their websites.  If you opt-out of these targeted advertising cookies, your opt-out will be specific to the browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.

When you use a smartphone, mobile device or computer to access the Site, we may collect information about your physical location.  We may combine this information with other location-based information (e.g. your IP address and billing/postal address), to provide you with other services on your device.  We share your location information only with third parties that help us provide you with services. You can opt-out of sharing this information by changing the permissions in your device.

Links

The Site may contain links to other websites.  We are not responsible for the privacy practices of other websites.  This Privacy Policy applies solely to information collected by BORT. In the event that you access any other websites through links provided on the Site, please note that we are not responsible for the content or privacy practices of such other websites and advise you to read the privacy policy of each website you visit which collects personal information.

Where a link to a third party’s website operating an online store (such as shop.bortmusic.com) is provided, including those using BORT branding, BORT is not responsible for the handling of personal information obtained by such a third party.  We advise you to read the privacy policy of any third party operator of an online store or other website which collects personal information from you.

Information from children

The Site are not intended for persons under the age of 13 (or 16 in Europe). We do not knowingly collect or solicit personal information from anyone under the age of 13 (or 16 in Europe) or knowingly allow such persons to register on the Site. If you are under the age of 13 (or 16 in Europe), please do not use or attempt to register on the Site or use any of the interactive or public comment features of the Site or send any information about yourself to us, including your name, address, telephone number or e-mail address or any screen name or user name you may use. No one under the age of 13 (or 16 in Europe) may provide any personal information to or on the Site. If we learn that we have collected or received personal information from a child under the age of 13 (or 16 in Europe) without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child under the age of 13 (or 16 in Europe), please contact us as advised in Section 16 below. We encourage parents to monitor their children’s Internet usage and/or to use web filtering technology to supervise their children’s access to the Internet.

We seek to comply with the Children's Online Privacy Protection Act instituted in April 21, 2000.  The entire COPPA documentation can be viewed here.

Updating your information, opt in and out options, and choices about how we use and disclose your information

You may correct, update or remove personal information previously provided to us (including opting in to or out of receiving promotional emails from us) by contacting us as advised in Section 16 below.  All our general emails also contain an unsubscribe link at the bottom and you can unsubscribe to such emails at any time by clicking on that link. Please include your name and mailing address (as well as your email address) if you also prefer not to receive direct mail.  Note that you may still receive service related communications from us.

We will use reasonable commercial efforts to make the changes you request, but it is not always possible to modify database information. To the extent that personal information was provided to third parties, we will not be able to make changes to it. Information may not be completely removed from our database(s) due to technical constraints and the fact that we back-up our systems.

If you are in Europe - Choices and rights in respect of the information we hold

If you are in Europe, personal information must be processed in line with individuals' rights, including the right to:

• request a copy of their personal information;

• request that their inaccurate or incomplete personal information is corrected;

• request that their personal information is deleted and destroyed in certain circumstances;

• object to processing or request that the processing of their personal information is restricted in certain circumstances or withdraw consent, including to opt out of receiving communications (including electronic) from BORT;

• not to be subject to automated decision making; and

• request the transfer of their personal information in certain circumstances.

If you wish to exercise any of these rights, please contact us as advised in Section 16 below.

When making your request please provide:

• your full name and address;

• details of your request and the information you want. Please be as specific as possible, and if it is not obvious, it would be helpful if you could explain why you expect us to hold your personal information.

We may also ask you to provide further information in certain circumstances including to clarify the terms of your request or to confirm your identity.

However, please note that for practical and/or technical reasons it may not be possible to remove certain information.

If you believe that we have not complied with applicable data protection laws, you have the right to lodge a complaint with your local data protection authority. A list of local data protection authorities in European countries at the date of this Privacy Policy is available here. However, we encourage you to come to us in the first instance.

How to contact us

If you have any queries concerning your personal information or any questions on our use of that information, please contact us as noted below or as otherwise advised on the Site:

Data Protection Officer:
info@bortmusic.com

Changes to this Privacy Policy

If you choose to visit or use the Site, your visit or use and any dispute over privacy is subject to the terms of this Privacy Policy, any Terms and Condition for the use of the Site that we may post on the Site from time to time, and any agreement between us.  

We keep this Privacy Policy under regular review. If we decide to change our Privacy Policy, we will post a new policy on our Site and change the date at the top of our Privacy Policy. Your continued use of the Site after we make changes is deemed to be in acceptance of these changes, so please check the policy frequently for updates. All modifications to our Privacy Policy will be effective upon our posting such modified Privacy Policy on the Site.  

We recommend that you print, download or otherwise retain a copy of this Privacy Policy (and any revised version) for your records.