Privacy Policy

Effective as of  February 1, 2023

The company CARIBANA (hereinafter referred to as «CARIBANA» or «we») is committed to processing all personal data (hereinafter referred to as «personal data») entered via the online site https://caribana.ch (hereinafter referred to as the «portal» or «website») in accordance with applicable data protection legislation and to taking appropriate security measures to protect them against unauthorized access. In this statement, we provide you with information about the personal data that is collected and processed when using the portal, the purposes for which it is used, the entities to whom it may be transmitted, and your rights when CARIBANA uses your personal data. Personal data refers to any information relating to an identified or identifiable natural person, such as their name, first name, address, email, date of birth, or telephone number.

By accessing the portal and using the services and products we offer, you declare that you have carefully read this statement and agree to the data processing described herein. Any questions regarding this data protection statement can be addressed at any time via email to info@caribana.ch. If you do not agree with this statement, you must refrain from accessing the portal and using our services and products.

1. The entity responsible for your personal data

The entity responsible for processing personal data, within the meaning of data protection legislation, is the Caribana association, Route de Divonne 46, CH 1260 Nyon.

Caribana determines the purposes and means of processing your personal data and is therefore responsible for the processing and use of your personal data in accordance with this privacy statement. If you have any questions or concerns regarding this statement or the processing of your personal data, please do not hesitate to contact us at any time by sending an email to info@caribana.ch.

2. How we process your personal data

All personal data collected via the website is processed in accordance with applicable data protection laws. We collect and process personal data carefully and for the purposes described in this privacy statement. In accordance with applicable legislation, we may also use your personal data in ways other than those described in this statement. In such cases, we will provide explanations or specific data protection communications at the time of collection and, if necessary, request your consent. We always strive, within reasonable limits, to collect anonymized or pseudonymized information so that you cannot be identified.

3. The personal data we collect and the purpose of its processing

3.1 Personal data automatically transmitted through the use of the portal

CARIBANA collects and records information that your browser automatically transmits to us in «server log files» when you visit our website. Data collection is based on your voluntary decision and interest in visiting our website, as well as our legitimate interest in operating the website. This may include the following data:

• Browser type and version
• Operating systems used
• Referring URL (the previously visited page)
• Host name of the accessing computer
• Date and time of the server request
• Internet protocol address (IP address)
• Amount of data transmitted
• Other data and similar information used to prevent risks in case of attacks on our IT systems

These personal data are not cross-referenced with other similar data and are stored separately from any other personal data that may have been transmitted by the user.

CARIBANA uses the automatically collected personal data for the following purposes:

• To enable the display, operation, and proper functioning of the portal
• To ensure system stability and security
• To protect and improve our services
• For statistical purposes in the event of an attack on the network infrastructure on which the website is hosted

3.2 Personal data voluntarily provided by the user

CARIBANA collects and processes the personal data voluntarily provided by the user to CARIBANA via an online form on the portal, through our contact email address, via any other applications linked to the portal, by telephone, or in any other manner. This includes, for example, the following personal data:

• First name, last name, postal address, email address, telephone number, date of birth, gender
• Your message or request

Providing these personal data is explicitly voluntary. However, without this data, we may not be able to provide the requested services in the desired quality or may be entirely unable to provide them.

CARIBANA uses the personal data provided by the user to fulfill the following objectives:

• To provide, maintain, protect, and optimize the services and information offered
• To communicate with you and provide you with the most personalized information possible (e.g., about our products and services)
• To offer you new services and information and propose, based on your profile, personalized services and information that may interest you
• To comply with legal requirements, other regulatory obligations, and internal rules
• To establish, exercise, and/or defend actual or potential rights, whether in the context of investigations or similar procedures
• For other legitimate purposes if such processing arises from the circumstances or has been indicated at the time of collection

4. The legal bases on which we process your personal data

The processing of the aforementioned data is based on the following legal grounds:

• Your consent, only if it can be revoked at any time (e.g., when you subscribe to our newsletter and other marketing communications)
• For the execution of a contract concluded with you or for the purpose of concluding a contract with you (e.g., when purchasing a product)
• To comply with a legal obligation (e.g., for tax reasons or for the purposes of an investigation or judicial procedure)
• To protect our legitimate interests (e.g., protecting and securing our services, systems, and assets; complying with legal, regulatory, and contractual obligations; establishing, exercising, or defending legal claims; maintaining and effectively organizing business activities; improving and developing our services and marketing them)

If the processing is based on your consent or our legitimate interests, you may revoke your consent or object to this processing at any time by contacting us directly at info@caribana.ch. However, please note that revoking your consent does not affect the legality of processing based on consent before its revocation.

5. The entities to whom we transmit your personal data

CARIBANA takes the necessary measures to ensure that only our authorized personnel and agents with the required knowledge have access to your personal data to achieve the purposes for which they were collected.

We may transmit your personal data to the following categories of recipients, in accordance with the purposes and legal bases of processing described above, to the extent necessary for the intended data processing:

• Service providers who process personal data on behalf of and on the instructions of CARIBANA (so-called subcontractors, e.g., in the areas of IT, hosting, and support)
• Clients, partners, suppliers, insurers, and other business partners
• Press agencies, the public, including visitors to the group's websites and social media
• Industry organizations, associations, and other bodies
• Courts, conciliation bodies, law enforcement authorities, regulatory authorities, lawyers, and other parties involved in actual or potential legal proceedings when necessary to comply with the law or to establish, exercise, or defend legal rights or claims

We select our partners and subcontractors carefully and only if we have the guarantee that they have appropriate technical and organizational measures in place, in accordance with legal requirements. Our subcontractors may only process personal data on documented instructions from us. They are all subject to confidentiality requirements and may only use your personal data to the extent necessary to achieve the purpose for which your personal data was collected, unless otherwise provided by law.

6. Transmission of personal data to countries outside the EEA

Personal data collected through our website is stored in Switzerland. In addition, we may transfer, store and process your personal data in data centers around the world, for example where our third-party providers or partners are located. We may therefore transfer your personal data outside the European Economic Area (EEA) if this is necessary for the data processing described in this data protection declaration, in accordance with applicable legislation.

When data is transferred to countries that do not provide an adequate level of protection, we ensure that data protection is adequate by taking appropriate safeguards, such as certain contractual safeguards (e.g. based on EU standard clauses), based on binding corporate rules, the transfer of data in accordance with your explicit consent, for the conclusion or performance of a contract with you or in the context of the establishment, exercise or defense of legal claims. For more information about our appropriate security measures, please contact us by email at info@caribana.ch.

7. How long we keep your personal data

In principle, personal data is deleted as soon as it is no longer necessary for the purpose for which it was collected, unless longer storage is necessary to fulfil legal obligations (e.g. retention and documentation obligations), contractual or pre-contractual obligations or legitimate business interests on our part (e.g. to assert, exercise or defend legal claims).

On this basis, we generally process personal data in compliance with the following rules and obligations:

• Personal data that you transmit automatically when using our portal (see point 3.1) for the purpose of displaying, operating and ensuring the proper functioning of the portal will be deleted within three to six months;
• Personal data that you have transmitted to us in the context of the use of our services and products offered on our portal or that you have communicated to us in another way via the electronic contact address (see point 3.2) are generally stored with us until you ask us to delete them, revoke your consent to their storage or the purpose for their storage has become obsolete (e.g. after processing your request);
• For personal data related to a contract (including business documents and communications), we retain personal data for as long as the contractual relationship exists and then for an additional ten years after the contractual relationship has ended, unless (i) a shorter or longer statutory retention obligation applies in a particular case, (ii) retention is necessary for reasons of evidence or for another valid reason under applicable law, or (iii) deletion of the data is necessary earlier (e.g. because the data is no longer necessary or we have to delete the corresponding data).

d) X (formerly Twitter)

Our website integrates plugins from the short message network Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. The Twitter plugins (the "Twitter" button) can be recognized by the Twitter logo and the wording "Twitter". When you visit a page of our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter thus receives the information that you have visited our site with your IP address. If you click on the "Twitter" button while you are logged into your Twitter account, you can link the content of our pages to your Twitter profile. Twitter can thus associate the visit to our pages with your user account.

We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Twitter. You can find more information on this here: http://twitter.com/privacy.

10. Email communications and newsletters for advertising purposes

When you register for our newsletter, we use your email address to send you information about our services as well as other commercial communications (e.g. announcements of events, competitions, promotions and surveys) that may be of interest to you. You can unsubscribe from the newsletter at any time by clicking on the "Unsubscribe from this list" link at the end of each email or by contacting us directly at info@caribana.ch

11. Privacy Statement of External Service Providers

Please note that if you click on a link to a third-party site (e.g. Google or social media or other sites), you will be redirected to a site that we do not control and our privacy statement will no longer apply. Your browsing and interaction on any other website is subject to the terms of use and privacy statements of that site. and notices of these third-party websites. Furthermore, we cannot guarantee the accuracy and timeliness of the links provided on such sites.

We recommend that you carefully read the terms of use and privacy statements and data protection notices of other websites before transmitting personal data via this website. We are not responsible for the content of the information and the data processing of these third-party sites.

12. Your rights

You have the right to request CARIBANA to inform you whether personal data concerning you is processed. In addition, you have the right to request the rectification, destruction or restriction of personal data concerning you, as well as to object to the processing of your personal data. If the processing is based on your consent or on our legitimate interests, you can revoke your consent or object to this processing at any time by contacting us directly by e-mail at info@caribana.ch In certain cases, you have the right to receive personal data generated when using online services in a structured, common and machine-readable format, so that further use and transmission to a possible third-party provider is possible.

Requests to in this regard should be addressed to CARIBANA at the following e-mail address:
info@caribana.ch. CARIBANA reserves the right to limit your rights within the framework of the applicable legislation and, for example, not to disclose complete information or to delete certain personal data.

13. Changes to our privacy statement

CARIBANA reserves the right to adapt, supplement or otherwise change this declaration on the protection of personal data at any time and without giving reasons. The current privacy statement is the one published on our portal.