Terms of Use

Hello and welcome to our Terms of Use and protection of your privacy on websites hosted by Vialma.

Thank you for your trust! We are delighted to share with you the pleasure of listening to beautiful musical works.

The following items, as well as any updates, additional terms, and policies referenced herein, constitute a contract between you and Vialma, setting out the terms and conditions governing your use of any website hosted by Vialma. Hereinafter the “Agreement” between you and Vialma. By using a website hosted by Vialma, you accept these conditions.

Article 1 – About Vialma and Its Services

Websites hosted by Vialma are operated and managed by Vialma, a publication of Musikazoo, S.A.S.

Vialma is a web service that gives users of websites hosted by Vialma (hereafter “User” or “Users”) access to a growing catalogue of musical works, as well as to a database of information on these works, their composers, and the musicians who interpret them. This access is made possible through a partnership between Vialma and the third party for whom the website is hosted. 

More information on the Vialma is available at www.vialma.com; however, a subscription is required to access additional content and features directly through Vialma.

Article 2 – Conditions of Use and Terms of Service

Websites hosted by Vialma are accessible to Users 24 hours a day, 7 days a week. Access is possible via personal computer as well as mobile platforms such as tablets and smartphones.

Site access and mobile app access require a high-speed internet connection, as well as computer equipment such as a personal computer or a smartphone. Neither the connection nor the computer equipment or any means of accessing the Site are not paid for/covered by Vialma. It is the responsibility of the User to obtain, at his or her own cost, the necessary means of accessing the Site.

Vialma reserves the right to make any technical modifications or improvements it desires. Consequently, it reserves the right to temporarily suspend access to the Site without warning or indemnity, in order to perform maintenance operations related to technological improvement or necessary to the continuity of service. Users absolve Vialma of all responsibility/liability related to this process.

Article 3 – User Declarations and Agreements

The User alone is responsible for the consequences of the use of his or her account until its deactivation, and, consequently, the User absolves Vialma and its partners, transactors, and beneficiaries of all responsibility for the use of the account.

The User:

  • Accepts the present conditions of use,
  • Is a physical person, has reached the age of majority (or, if the User is a minor, he or she has parental authorisation allowing him or her to use the service), and is not under the juridical protection of adults (is not in custody of the court or under tutorship or guardianship, etc.).

If registration is required, the User agrees:

  • To provide real and true information about him or herself and to update it as necessary,
  • Not to divulge his or her personal and confidential passwords and to immediately inform the Site of any fraudulent use of his or her account,
  • To respect the general terms and conditions of use,
  • That his or her registration is only for personal, private use,
  • Not to circumvent the specific measures used to protect data and musical recordings in order to use either the data or the recordings in a way not outlined by the subscription or in these general conditions of use,
  • Not to act against the commercial interests of Vialma or Musikazoo, S.A.S.

Without prejudice to any damages that Vialma might incur, Vialma reserves the right to suspend a User’s access and/or cancel outright, rightfully and without notice or indemnity, the registration of any User who fails to respect one or more of the agreements and declarations noted above.

 

Article 4 – Personal data and cookies

With respect to the automatic processing of personal data, Vialma is subject to current legislation concerning the protection of privacy.

If a User registers on a website powered by Vialma, their personal data is processed as necessary for managing their account and providing access to the Service. The data is securely handled and stored by the website’s hosting provider, as specified in the legal information section of the website.

In accordance with the Data Protection Act No. 78-17 of 6 January, 1978, Users have the right to access, modify, delete, or request the transfer of their personal data. To exercise these rights, Users may contact Vialma via the website by clicking on the “Contact us” section or write to the founder at info@vialma.com. In accordance with the legislation in force, the User may request the deletion or transfer of personal data concerning them.

The User acknowledges that their data may be disclosed if required by law or upon a valid court order.

Vialma uses cookies to enhance the User’s experience. These cookies store information about the User’s navigation on the website, including visited pages, visit times, and content accessed. This allows for a smoother experience by remembering preferences and previously entered information. Cookies placed by Vialma have a lifespan of no more than 30 days.

Vialma does not sell or share User data with third parties for commercial purposes.

Vialma informs the User that his or her browser’s settings allow him or her to be informed of the presence of cookies, as well as to block them.

Article 5 – Intellectual Property

The Website hosted by Vialma as a whole and all of its constituent parts (logos, domain names, recordings, photography, images, texts, biographies, etc.), as well as its database, are the exclusive property of Musikazoo and/or its contractors.

These elements are protected by the laws pertaining to intellectual property, notably copyright. Any and all use of the elements by the User outside of their permitted access, in compliance with these terms and conditions, is strictly prohibited.

Notably, any representation of this Site and/or its constituent parts, in full or in part, by any means whatsoever without the express permission of the third party or Vialma or Musikazoo, is prohibited and constitutes an infringement punishable in accordance with Articles L. 335-2 and following of the Intellectual Property Code.

Furthermore, a portion of the phonographic recordings available on the Website hosted by Vialma are protected by copyright. Thus, in accordance with the provisions of the Intellectual Property Code, they may only be listened to in a private context. Any non-private use may subject the User to prosecution and/or penalties.

 

Article 6 – Modification of the present terms and conditions of use

Vialma reserves the right to modify these terms and conditions of use. In the event of modification, Users will be informed at least 15 (fifteen) days before the modifications take effect. If the User does not accept these modifications, they may discontinue their use of the website. Continued use of the website after the modifications take effect constitutes acceptance of the updated terms and conditions.

 

Article 7 – Applicable Law and Litigation

These terms and conditions of use and purchase are subject to French law.

In the event of litigation, the parties will seek amicable resolution before taking any judicial action. If discussions fail, the French courts have exclusive jurisdiction over the dispute.

Privacy Policy

Introduction

We’re delighted you have chosen Vialma to enjoy classical music and jazz.
Please find below our Privacy Policy.

In short: Vialma builds 100% ad free services and we do not sell your data to any third parties. We do not store data for any other purpose than:
1) providing a better service for our customers and
2) complying with our own legal and contractual requirements with authors, artists and labels.

You’ll find below details about your rights and how to action them, which third party services we use and how we collect, manage, protect, and eventually delete your data. If you have any questions or you think something must be changed, you can contact the Data Protection Officer and founder, Guillaume Descottes, directly at info@vialma.com.

Your Rights

The European Union law, called the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data.

As available and except as limited under applicable law, the rights afforded to individuals are:

  • Right of Access - the right to be informed of and request access to the personal data processed about you;
  • Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
  • Right to Erasure - the right to request that we delete your personal data;
  • Right to Restrict - the right to request that we temporarily or permanently stop processing your personal data;
  • Right to Object - the right, at any time, to object to processing your personal data on grounds relating to your particular situation; the right to object to personal data being processed for direct marketing purposes;
  • Right to Data Portability - the right to request a copy of your personal data in electronic format; and
  • Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you.

If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from Vialma (e.g. those sent via email) will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the email). It will always be at the bottom of every single email. It might also sometimes be at the top depending on your email provider.

If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer. We will respond to your request within a reasonable period of time upon verification of your identity. If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with your local Data Protection Authority - the following:

FRANCE: https://www.cnil.fr/en/home

UK: https://ico.org.uk/

How we collect your data

We collect your personal data in the following ways:

  • If you sign up for a website hosted by Vialma - we collect your email address and ask you to create a password which we store in an encrypted format. This allows you to create an account, use the Service, and receive our newsletters.
  • Through your use of a website hosted by Vialma - when you use the Service, we collect personal data about your usage, such as what content you have accessed and preferences you have set, to enhance your experience. We then aggregate and anonymise usage data from all users, which we may share with relevant stakeholders (such as content providers or regulatory bodies) for legal and contractual purposes, including the distribution of royalties to rights holders.
  • Personal data collected for additional features/functionality - from time to time, we may ask for additional personal data to offer enhanced features or functionalities, such as quizzes to provide personalized recommendations. You will have the option to withdraw your consent at any time.
  • From third parties - we will receive personal data about you and your activity from third parties, including advertisers and partners we collaborate with in order to provide you with the Service. We will use this personal data either where you have given consent to the third party or to Vialma or where Vialma has a legitimate interest to use the personal data in order to provide you with a service.
  • Improving the service -  We use anonymized and aggregated information for purposes such as testing our IT systems, conducting research and data analysis, developing marketing and promotional strategies, improving the Service, and developing new features and functionality across websites hosted by Vialma.

Personal data we collect

Simple Table
Your data How we protect it
Usage data (info about your, interactions, user content including playlists) Safely stored to report anonymously by law to bodies representing author rights/record labels.
Technical data (IP address, devices used, network) Collected to improve experience on the site
If sign up is required, account Registration (email address) Passwords are encrypted

Personal data we collect

All the third party services we use are GDPR compliant. They are the following:

Simple Table
Example of Third Party Services Why we use it
MailChimp A way for customers to receive new content regularly and on time
GoogleAnalytics, Hotjar, Posthog Tracks and reports website traffic
Deposit of cookies by Sirdata Sirdata is a data marketing company that allows its Customers to provide Users with relevant offers tailored to their interests. The Data collected by Sirdata are kept for a maximum period of 365 days, depending on the purpose of the processing, in accordance with the laws in force and the principle of minimisation. For more information: https://www.sirdata.com/privacy/ You wish to disable the collection of your data by Sirdata: https://www.sirdata.com/object/

Sharing your personal data

Simple Table
Categories of Recipients Reasons for sharing
Law Enforcement/Data Protection Authorities We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena.

Transfer between countries

Vialma has legal entities in France, the mother company, and the UK, a subsidiary. Transfers between the legal entities abide by local law.

Changes to privacy policy

We may occasionally make changes to this Policy. When we make material changes, we’ll provide you with prominent notice as appropriate under the circumstances. We may notify you in advance.

Keeping your data safe

We are committed to protecting our users’ personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure.

How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact our Data Protection Officer or by writing to us at the following addresses:

135 Notting Hill Gate, W11 3LB London

32 Boulevard Flandrin, 75116 Paris