Data Privacy Policy

Last Updated: 21 February 2024

The protection of the privacy of customers and web users is a high priority for CHELONIA SA ("CHELONIA"). The subject of this data protection declaration are the principles according to which CHELONIA handles the collection, processing and use of data in connection with our activities and operations.

In particular, we provide information on what personal data we process, for what purpose, how and where. We also provide information about the rights of persons whose data we process.

For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

We are subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.

1. Contact addresses

Responsibility for the processing of personal data:

Chelonia SA

Mr. Silvano Coletti, Engr.
Via Serafino Balestra 12

CH-6900 Lugano

silvano.coletti(at)chelonia.swiss

Data Protection Representative

The following data protection officer is the point of contact for data subjects and the contact person for supervisory authorities in the event of enquiries relating to data protection law:

Chelonia SA

Mr. Silvano Coletti, Engr.
Via Serafino Balestra 12

CH-6900 Lugano

silvano.coletti(at)chelonia.swiss

2. Terms and legal bases

2.1 Terms

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed.

Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal basis

We process personal data in accordance with Swiss data protection law, such as in particular the Federal Data Protection Act (FADP) and the Ordinance to the Federal Data Protection Act (FDPA).

We process personal data – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – in accordance with at least one of the following legal bases:

6 para. 1 lit. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.
6 para. 1 lit. f DSGVO for the necessary processing of personal data in order to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to carry out our activities and operations permanently, in a user-friendly, secure and reliable manner and to communicate about them, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law.
6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task which is in the public interest.
6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.
Article 6(1)(d) of the GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.

3. Nature, scope and purpose

We process those personal data that are necessary to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. In particular, such personal data may fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data and contract and payment data.

We process personal data for the period of time necessary for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee data protection for such third parties.

We only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons. Processing without consent may be permissible, for example, for the performance of a contract with the data subject and for corresponding pre-contractual measures, in order to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

In this context, we process in particular information that a data subject voluntarily provides to us when contacting us – for example, by letter, email, instant messaging, contact form, social media or telephone – or when registering for a user account. We may store such information, for example, in an address book or with comparable tools. If we receive data about other persons, the transmitting persons are obliged to guarantee data protection with regard to these persons and to ensure the accuracy of this personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Applications

We process personal data about applicants to the extent that it is necessary for assessing their suitability for an employment relationship or for the subsequent implementation of an employment contract. The necessary personal data results in particular from the information requested, for example in the context of a job advertisement. We also process personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents as well as online profiles.

If and to the extent that the General Data Protection Regulation (GDPR) is applicable, we process personal data about applicants in particular in accordance with Article 9 (2) (b) GDPR.

5. Personal data abroad

We process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all states and territories on earth as well as elsewhere in the universe, provided that the law there guarantees adequate data protection according to the assessment of the Federal Data Protection and Information Commissioner (FDPIC) or according to the decision of the Swiss Federal Council and – if and insofar as the General Data Protection Regulation (GDPR) is applicable – according to the decision of the European Commission.

We may transfer personal data to countries whose law does not ensure adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection law requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or a copy of any guarantees on request.

6. Rights of data subjects

Data subjects about whom we process personal data have the rights under Swiss data protection law. These include the right to information as well as the right to correction, deletion or blocking of the personal data processed.

Data subjects whose personal data we process may – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – request confirmation free of charge as to whether we are processing personal data relating to them. In this case, data subjects may request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted (“right to be forgotten”), blocked or completed.

Data subjects whose personal data we process may – if and insofar as the GDPR applies – revoke consent they have given at any time with effect for the future and object to the processing of their personal data at any time.

Data subjects about whom we process personal data have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

7. Data security

We take suitable technical and organisational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.

Our website is accessed using transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication is subject – as is basically all digital communication – to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

8. Use of the website

8.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as “session cookies” or for a certain period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies make it possible in particular to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted at any time in the browser settings. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies, at least if and to the extent necessary.

For cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for many services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices(European Interactive Digital Advertising Alliance, EDAA).

8.2 Server log files

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data – also by third parties or with the help of third parties.

8.3 Tracking pixel

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels – also from third parties whose services we use – are small, usually invisible images that are automatically retrieved when you visit our website. With pixel counters, the same information can be collected as in server log files.

9. Notifications and messages

We send notifications and communications by email and through other communication channels such as instant messaging or SMS.

9.1 Success and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

9.2 Consent and objection

As a matter of principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. For any consent, we use the “double opt-in” procedure where possible, i.e. you receive an e-mail with a web link that you must click to confirm so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can at the same time object to the statistical recording of use for performance and reach measurement. This is without prejudice to necessary notifications and communications in connection with our activities and operations.

9.3 Service provider for notifications and messages

We send notifications and communications using specialised service providers.

We use in particular:

Mailchimp: newsletter dispatch; provider: Rocket Science Group LLC (USA); data protection information: data protection declaration, DSGVO compliance

10. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside of Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.

For our social media presence on Facebook, LinkedIN, X and Instagram, including the so-called page insights, we are – if and insofar as the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly way.

Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as the Facebook data protection officer can be found in the Facebook privacy policy. We have entered into the so-called “Responsible Party Agreement” with Facebook and have thus agreed in particular that Facebook is responsible for guaranteeing the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page “Information on Page Insights” including “Information on Page Insights Data”.

11. Services from third parties

We use services provided by specialised third parties in order to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. With such services, we can, among other things, embed functions and content in our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.

We use in particular:

Google services: Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: “Privacy and security principles”, data protection statement, “Google is committed to complying with applicable data protection laws”, “Guide to data protection in Google products”, “How we use data from websites or apps on or in which our services are used” (information from Google), “Types of cookies and other technologies used by Google”, “Personalised advertising” (activation / deactivation / settings).
Services from Microsoft: Providers: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; General information on data protection: “Data protection at Microsoft”, “Data protection (Trust Center)”, data protection declaration.

11.1 Digital infrastructure

We use services from specialised third parties to provide us with the digital infrastructure we need in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

In particular, we use:

Hostpoint: hosting; provider: Hostpoint AG (Switzerland); data protection information: privacy policy.
WordPress.com: Blog hosting and website builder; Provider: Automattic Inc (USA) / Aut O’Mattic A8C Ireland Ltd (Ireland) for users in Europe, among others; data protection information: privacy policy, cookie policy.
Wix.Com Ltd (Israel); servers all over the world, including Europe and the US, as well as back up servers.

11.2 Audio and video conferences

We use specialised audio and video conferencing services to communicate online. For example, we can use them to hold virtual meetings or conduct online lessons and webinars. For participation in audio and video conferences, the legal texts of the individual services such as data protection declarations and terms of use apply in addition.

Depending on the life situation, we recommend muting the microphone by default when participating in audio or video conferences as well as blurring the background or having a virtual background superimposed.

We use in particular:

Microsoft Teams: platform for, among other things, audio and video conferencing; provider: Microsoft; Teams-specific information: “Privacy and Microsoft Teams”.
Zoom: Video conferencing; provider: Zoom Video Communications Inc. (USA); data protection information: data protection declaration, “Data protection at Zoom”, “Legal Compliance Centre”.

11.3 Map material

We may use third party services to embed maps on our website.

In particular, we would use:

Google Maps including Google Maps Platform: map service; provider: Google; Google Maps-specific information: “How Google uses location information”.

11.4 Digital audio and video content

We use services from specialised third parties to enable the direct playback of digital audio and video content such as music or podcasts.

In particular, we use:

YouTube: Video platform; Provider: Google; YouTube-specific information: “Privacy and Security Center”, “My Data on YouTube”.

12. Success and reach measurement

We use services and programmes to determine how our online offering is used. For example, we may measure the success and reach of our activities and operations and the impact of third party links to our website. However, we can also, for example, test and compare how different versions of our online offer or parts of our online offer are used (“A/B test” method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offer.

When using services and programmes for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are always shortened (“IP masking”) in order to follow the principle of data economy through the corresponding pseudonymisation and thus to improve the data protection of users.

When using services and programmes for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the – at least approximate – location. As a matter of principle, user profiles are only created pseudonymously. We do not use user profiles to identify individual users. Individual services of third parties with which users are registered can, if necessary, assign the use of our online offer to the user account or user profile with the respective service.

We use in particular:

Google Analytics: performance and reach measurement; provider: Google; Google Analytics-specific information: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymised Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA in exceptional cases, “Data protection”, “Browser add-on to deactivate Google Analytics”.

13. Final provisions

We can adapt and supplement this data protection declaration at any time. We will inform about such adjustments and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.