Privacy policy — Skyguide

Scope, Controller and DPO

This Privacy Policy describes the collection and processing of Personal Data by Skyguide. It applies to any Skyguide site, and to any Skyguide application, service, or tool (collectively “Services”) offered by Skyguide, regardless of how you access or use them, including through mobile devices. This Policy is based on the requirements of the Swiss Federal Act on Data Protection (“FADP”) and its Ordinance (“DPO”) and where applicable the European General Data Protection Regulation (Regulation (EU) 2016/679 or “GDPR”).

The “controller” of data processing as described in this Privacy Policy (i.e. the responsible person) is Skyguide, Route de Pré-Bois 17, P.O. Box 796, CH-1215 Geneva. You can notify us of any data protection related concerns using the following contact details: Skyguide, Data Protection Officer (DPO), Route de Pré-Bois 17, P.O. Box 796, CH-1215 Geneva or by email to dpo@skyguide.ch.

2. Collection and Processing of Personal Data

We primarily collect and process personal data that we obtain from you, our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications. Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet), from authorities or other third parties.

Apart from data provided to us directly, the categories of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

Furthermore, we may collect and process Personal Data from you and any devices (including mobile devices), in the following situations:

Providing a service to Skyguide (Service Agreement / Purchase Order)
Using E-recruiting service
Registration to an event
Using Skybriefing service
Using U-space services
Announcing your special flight to Skyguide’s Special Flight Office
Visiting our Website
Subscribing to our Newsletter
Contacting Skyguide services through the contact form available on the website
Any other service where this Privacy Policy is referenced

3. Purpose of Data Collection and Processing

We primarily use collected data to conclude and process contracts with you, our clients and business partners, in particular in connection with air traffic operations, in all circumstances, to our clients and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a client or business partner.

In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or any third parties’) legitimate interest, such as:

providing and developing our products, services and websites, apps and other platforms, on which we are active
communication with third parties and processing of their requests (e.g., job applications, media inquiries)
review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition
advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings)
market and opinion research, media surveillance
asserting legal claims and defense in legal disputes and official proceedings
prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud)
ensuring our operation, including our IT, our websites, apps and other appliances
video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owner by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings)
acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations

Furthermore, we may process your personal data and personal data of third parties for the following purposes:

3.1 Service to Skyguide (service agreement/purchase order)

Supplier management activities
Conduct of the work / project
Analysis of suitability of the person for the execution of the foreseen activities and duties
Performing statistics

3.2 E-recruiting

Recruiting activities
Marketing activities
Performing statistics

3.3 Events

Organising the event
Marketing and recruitment activities
Performing statistics

3.4 Skybriefing

Providing and improving our Services
Marketing activities
Performing statistics

3.5 U-SPACE SERVICES

Coordination and approval of special aerial activities
Ensuring safe air navigation and unmanned Traffic Management (UTM) services
Performing statistics
Supplier management activities
Providing, improving and personalizing our Website and applications
Offering you content that includes items and services that you may like
Customizing, measuring and improving our Services
Providing other services requested by you as described when we collect the information
We use geo-location information to provide you with location based services
Marketing activities

3.6 Special Flight Office

Coordination and approval of special aerial activities
Ensuring safe air navigation services
Performing statistics

3.7 Website

Providing, improving and personalizing our Website
Offering you site content that includes items and services that you may like
Customizing, measuring and improving our Services
Providing other services requested by you as described when we collect the information
We may use geo-location information to provide you with location based services (such as advertising, search results and other personalized content)
Marketing activities
Performing statistics

3.8 Newsletter

Sending the Newsletter
Marketing activities
Performing statistics

4. Cookies / Tracking and Other Techniques Regarding the Use of our Website

We typically use “cookies” and similar techniques on our websites, which allow for an identification of your browser or device. Our Cookie Policy explains what cookies are and how we use them exclusively on skyguide.ch, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to manage the cookie settings.

https://skyguide.ch/cookie-policy/

We use Google Analytics on our website for statistic reasons. These are services provided by Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both «Google»), www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymized basis). For this purpose, permanent cookies are used, which are set by the service provider. It may be possible that Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. If you have registered with the service provider, the service provider will also know your identity.

In addition, we use plug-ins from social networks such as Facebook, Twitter, LinkedIn or Instagram on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.

5. Data Retention

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible.

6. Data Transfer

In the context of our business activities and in line with the purposes of the data processing, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

our service providers (within Skyguide or externally, such as e.g. banks, insurances), including processors (such as e.g. IT providers)
dealers, suppliers, subcontractors and other business partners, clients
domestic and foreign authorities or courts
the media
the public, including users of our websites and social media
competitors, industry organizations, associations, organizations and other bodies
acquirers or parties interested in the acquisition of business divisions, companies other parties in possible or pending legal proceedings

Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country where our service providers are located (e.g. Microsoft, SAP).

If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.

7. Data Security

We manage Information Security with our Information Security Management System (ISMS) following internationally recognized good practices. Within ISMS we protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and encryption, physical access controls to our data centers and information access authorization controls to name a few. If you believe your personal data had been misused, please contact us at the addresses provided in Section 1 above.

8. Your rights relating to your Personal Data

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). To assert these rights, please contact us at the addresses provided in Section 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection au-thority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

9. Changes to this Privacy Policy

We will update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements and other factors. If we make an update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided. We encourage you to periodically review this Privacy Policy to stay informed about our processing and collection of Personal Data.