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Information on the processing of personal data ex art. 18 of the Federal Data Protection Act (LPD) of 25 September 2020

Pursuant to and for the purposes of art. 18, of the Federal Law on Data Protection (LPD) of 25 September 2020, information relating to the processing of personal data necessary for the correct establishment and execution of existing relationships and contracts with CONTRAD SWISS SA is provided below (hereinafter referred to as “company”).

 

1. Identity and contact details of the data controller

Identity of the data controller:

  • CONTRAD SWISS SA
  • Via Ferruccio Pelli, 2
  • CH – 6900 Lugano

Contact details of the data controller:

  • +41 91 910 70 30
  • Francesco.Fogato@contrad.ch

 

2. Purpose of the processing

The processing of personal data is aimed at:

(a) implement the existing contractual relationships with the company, therefore, fulfil all related obligations, whether civil, fiscal and accounting, or insurance, and any inherent and consequent obligation.

(b) manage the administrative, fiscal and accounting obligations of the company resulting from existing contractual relationships.

(c) carry out relationships aimed at the development and finalization of new contractual relations.

(d) ensure the protection of the company’s rights and/or interests in administrative and/or judicial proceedings.

Only if such personal data may reveal sensitive information, e.g. racial or ethnic origins, religious orientations and more of the person, the related processing of such data must be legitimized by explicit consent of the interested party (art. 6, LPD of 20 September 2020).

 

3. Legal basis of the processing

The legal basis that legitimizes the processing of personal data is represented by:

(a) execution of the existing contract with the company (art. 6, LPD of 20 September 2020).

(b) fulfilment of legal obligations applicable to the execution of the existing contract (art. 6, LPD of 20 September 2020).

(c) pursuit of a legitimate interest of the company (art. 6, LPD of 20 September 2020).

 

4. Recipients of personal data

Recipients of personal data will be:

  1. employees and consultants of the company
  2. customers, suppliers and service providers
  3. external accounting and tax consultancy firms
  4. banking and insurance institutions
  5. judicial authorities and other competent public authorities

Some of the recipients listed above may receive the data outside Swiss territory, in states where the Federal Council has previously recognized the existence of data protection systems.

 

5. Data retention period

Personal data will be kept for the entire duration of the contractual relationship in place with the company for the entire period following its termination until they are no longer necessary for the fulfilment of legal or contractual obligations and are no longer necessary for any purposes of the protection of the company before any judicial and/or administrative authority. The data, therefore, will be deleted when any possible need for protection as indicated above, for which the same may be necessary, is extinguished, also due to prescription of the rights connected to such protection.

 

6. Automated decision-making processes

Personal data will not be processed with automated decision-making processes.

 

7. Rights of the interested party

The person to whom the processed personal data belongs has the right to exercise the following rights:

(a) Right to access personal data

The person has the right to obtain confirmation from the data controller of their data as to whether or not their data is being processed and, in this case, they have the right to obtain access to them.

The person has the right to obtain from the data controller the rectification of inaccurate data concerning him/her. The person also has the right to obtain the integration of his/her incomplete data, taking into account the purposes of their processing.

(b) Right to erasure of personal data

The person has the right to obtain their cancellation from the data controller of their data, provided that they are no longer necessary for the purposes for which they were collected or otherwise processed, or that they are processed unlawfully or their cancellation constitutes compliance with a legal obligation under the law of the Swiss Confederation.

The person has the right to object at any time, for reasons connected to his/her particular situation, to the processing of data concerning him/her and the processing of which is necessary for the pursuit of a legitimate interest of the data controller. This right ceases where the data controller demonstrates the existence of compelling legitimate reasons to proceed with the processing which prevail over the person’s interests, rights and freedoms, as well as the need for their processing for the purposes of ascertaining, exercising, defending of a right in court.

(c) Right to have data delivered or to request its transmission to third parties

The person has the right to receive from the data controller, or to obtain from the data controller the transmission to another data controller, the personal data concerning him/her which have been provided by the data controller and whose processing is carried out in an automated manner, provided that this does not harm the rights and freedoms of others.

(d) Right to lodge a complaint

In the event that the person believes that the processing concerning him or her violates the LPD of 25 September 2020, he or she has the right to lodge a complaint with the competent supervisory authority.