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Data Protection

Data protection at Carbon Delta AG

Carbon Delta AG (hereinafter “Carbon Delta”, “we”, “us”) is required to protect and securely store the personal data of their current, future and former clients (hereinafter “clients”, “you”) in accordance with applicable legislation, in particular the Swiss Federal Data Protection Act (hereinafter the “DPA”) and, where applicable, the European General Data Protection Regulation (hereinafter the “GDPR”). The present Data Protection Policy (hereinafter the “Policy”) includes information on how we may collect, use, process and, under certain circumstances, pass on personal data.

Notwithstanding the provisions of this Policy, the provisions of any contracts into which you have entered with us shall take precedence.

Content

A. General note on data processing
B. Use of cookies
C. Email correspondence
D. Marketing emails
E. Data protection rights of the client
F. Initiating contact
G. Policy updates

A. General note on data processing

1. Processing of personal data
1.1. Scope of processing of personal data

As a rule, we process our clients’ personal data only to the extent necessary to provide our services and deliver a functional website.

Carbon Delta may collect, use and pass on your personal data to enable Carbon Delta (i) to conduct its day-to-day business activities and transactions with you; (ii) to meet its obligations based on the terms of use of the website; (iii) to carry out statistical analyses of the pages of the website that were visited; (iv) to monitor and analyse its business activities; (v) to play its part in preventing crime and complying with statutory and supervisory regulations; (vi) to develop and market other products and services and (vii) to delegate Carbon Delta’s rights or obligations.

Carbon Delta will not collect or require the disclosure of any sensitive personal data (e.g. ethnicity, religion or medical data). However, should you decide to provide such sensitive personal data, Carbon Delta may assume that these sensitive data have been made available with your consent, and they may be processed by Carbon Delta as we deem appropriate, unless you provide Carbon Delta with written instruction to the contrary.

1.2. Data security

At Carbon Delta, your personal data are transferred and stored in a secure environment. We will take all reasonable steps to prevent third parties who are not trusted service providers of Carbon Delta from gaining access to your personal data. We shall pass on your data to other third parties only if compelled to do so on statutory, official or supervisory reasons. We shall not pass on to others any information on you except to the extent we deem lawful or if you have consented to our doing so.

1.3. Outsourcing

Carbon Delta has delegated the storage and archiving of company and client data to a specialised third-party company. This outsourced activity is limited to data storage and archiving and takes place abroad. Data processing remains within the company and is not outsourced. The activity of the third-party company primarily entails hosting and server maintenance.

1.4. Data transfer

We process data both inside and outside of Switzerland and rely on legally provided mechanisms to transfer data across borders lawfully. Carbon Delta may transfer the personal data collected from you or stored to other countries for all the purposes described in this Policy, including to countries that may not have equivalent privacy and data protection laws to Switzerland or EU. By accepting the terms of use of the website, you consent to such transfer.

Carbon Delta shall not pass on to third parties the personal data collected from you, except: (i) where necessary under an applicable law or other legal provisions; (ii) where there is a general disclosure obligation; (iii) where the legitimate business interests of Carbon Delta require disclosure; or (iv) at your request or with your consent or to the persons described in the following.

Carbon Delta may, subject to applicable law, pass on your personal data to persons or companies providing services for Carbon Delta or acting as Carbon Delta’s agents, as well as to any person to whom Carbon Delta delegates its rights or obligations under the terms of use of the website or offers to delegate them, or who assists them with identity authentication and checks to prevent fraud or with credit checks.

1.5. Data protection on the internet

At Carbon Delta applies various security regulations to ensure the protection of your personal data. However, Carbon Delta assumes no responsibility or liability for the security of your data at the time when they are transmitted to us via the internet. We wish to remind you that, to protect your privacy, you may also contact us through other means of communication should you deem it appropriate.

This website may contain hyperlinks to third-party websites that are not operated or monitored by Carbon Delta. Once you leave our website, Carbon Delta is not responsible for the content or privacy practices of third-party websites.

1.6. Recording and monitoring

Carbon Delta may record or monitor telephone calls and email correspondence between you and Carbon Delta for security reasons, for compliance purposes and to maintain and improve the quality of Carbon Delta’s services.

2. Legal basis for the processing of personal data

Carbon Delta processes personal data in accordance with the provisions of the DPA and – where applicable – the GDPR. In particular, Article 6 of the GDPR governs the lawfulness of data processing.

At Carbon Delta, the processing of personal data is based on:

– contractual agreements. Its purpose is to fulfil contractual obligations between you and Carbon Delta. This also applies to processing operations required
to take steps prior to entering into a contract.
– a legal obligation to which Carbon Delta is subject.
– your consent through your use of Carbon Delta’s website.
– a legitimate interest pursued by Carbon Delta or by a third party, except where such interests are overridden by your interests, or fundamental rights and freedoms.

3. Duration of storage

The personal data will be processed or stored for as long as is necessary to fulfil the purpose of data collection and to meet the contractual or statutory obligations. Storage over and above this is possible where provided for in national or international law applicable to Carbon Delta (legal retention and documentation periods).

As a rule, data are also blocked or erased when the retention period laid down in the applicable legal standards expires, barring the necessity for continued storage of the data for entering into a contract or for the performance of a contract.

B. Use of cookies

Our website uses cookies. Cookies are text files, which are stored on the client’s computer system within or by the internet browser. If a client accesses a website, a cookie may be saved in the client’s operating system. This cookie contains a character string, which facilitates the unique identification of the browser the next time the website is accessed.

This website uses Google Analytics, a free web analytics service provided by Google, Inc. Google Analytics uses cookies, which are text files that are stored on your computer. The information generated by cookies about your use of this website (including your IP address) is transferred to a Google server in the United States and stored there. Google uses this information to evaluate your use of this website and to compile reports on website activity for the website operator. Google is also entitled to share this information with third parties when legally required to do so, or where third parties process the information for Google. You can opt out of cookies by making the appropriate adjustments in your browser settings, block cookies, and delete cookies that are already on your computer. By using our website, you agree to the processing of the data collected about you by Google in the manner and for the purposes described above.

The purpose of cookies required for technical reasons is to make the website easier for clients to use. Without cookies, some features of our website cannot be provided. For them to function, it is necessary for the browser to be recognised after leaving the page. Analytics cookies are used for improving the quality of our website and its contents. Analytics cookies tell us how the website is being used, enabling us to steadily improve our online presence.

Cookies are stored on the client’s computer and sent from there to our site. You, the client, thus have full control over the use of cookies. By changing your browser settings, you can disable or restrict cookies. Stored cookies can be deleted at any time, and deletion can be set to occur automatically. If cookies are disabled for our website, it is possible that some features of the site will not work properly.

C. Email correspondence

Contact may be made via the email address provided. In this case, the sender’s personal data sent with the email will be stored. This data will be used exclusively for processing the correspondence.

In handling client initiation of correspondence via email, the requisite legitimate interest in data processing on the part of Carbon Delta lies in Carbon Delta’s duty to process the correspondence. The purpose of the other personal data processed when sending a response is to ensure the security of our IT systems.

If you make contact with us via email, you can object to the storage of your personal data at any time (cf. E below: “Data protection rights of the client”). If you do this, the communication cannot proceed.

D. Marketing-E-Mails

Carbon Delta sends informational marketing emails (newsletters, event invitations, etc.) using software which enables the collection of behavioural data. This process entails the storage and evaluation of the personal data of the recipients of these emails abroad, including:

– Statistical evaluation of emails, including actions traceable to individual recipients, such as clicking or link opening behaviour. This information is
used to form target groups and influence the sending of future emails.
– Automatic sending of follow-up emails based on recipient reactions.
– Non-anonymised surveys and the evaluation of data specific to individuals.

By using marketing emails, you agree to the processing of the data collected about you in the manner and for the purposes described in this Policy. Recipients can opt out of receiving such marketing emails at any time using the unsubscribe link in each email.

All tracking data collected through marketing emails are stored abroad in line with legal and regulatory requirements.

E. Data protection rights of the client

If the relationship between you and Carbon Delta comes under the GDPR and your personal data are processed, then you are a data subject within the meaning of the GDPR. How the rights listed below may be exercised depends on the legal basis selected for the storage of the personal data. Under the GDPR, each data subject has a right of access, a right to rectification or erasure, a right to restriction of processing, a right to object and, under certain conditions, a right to data portability. Furthermore, each data subject has a right to withdraw consent as well as the right to lodge a complaint about the processing of his or her personal data with a supervisory authority.

F. Initiating contact

If you are, a Carbon Delta client and you have any further questions about Carbon Delta’s data protection or would like to check that your personal data is accurate and up to date, please contact us at contact@carbon-delta.com.

G. Policy updates

This Policy was last updated on 24 May 2018. Please be aware that Carbon Delta reserves the right to amend this Policy at any time. Changes or additions to the above description of the processing of personal data are communicated through suitable channels of information, such as the Carbon Delta website. Your continued use of this website is an expression of consent and agreement with additional or amended provisions of this Policy.

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