Privacy Policy

Last updated on: 5th February 2024

Terre des hommes - Aide à l'enfance dans le monde - Fondation (hereinafter "Tdh") is committed to respecting the rights and freedoms of Users of its websites accessible at https://www.tdh.org and https://www.mytdh.ch/ (hereinafter the "Site"). In particular, Tdh pays particular attention to the protection of their Personal Data. 

The purpose of this Privacy Policy is to inform Users about the practices of Tdh, which acts as the owner of the file (hereinafter the "File Owner"), as defined in the Federal Data Protection Act (DPA) for all the processing of Personal Data mentioned below.

ARTICLE 1 - DEFINITIONS 

Throughout this Privacy Policy, the following terms shall have the meanings ascribed to them: 

Intermediate archives: Semi-active files containing Personal Data that Tdh is required to keep for administrative or legal purposes. This data is not used for any other purpose. 

Active database: Active files referring to a database or system where Personal Data is currently processed and used for specific processing purposes. 

Campaign(s): Refers to any promotional campaign created by a User to raise funds to support one of the Site Owner's actions. Comment(s): Refers to one or more comments left by Users on the interactive pages of the Site. 

Personal Account: Refers to the User's personal space, accessible via the Site. The Personal Account hosts, in particular, the User's profile, his/her Personal Identification Data, information relating to the Campaigns he/she has created (where applicable), as well as information relating to the Campaigns he/she has supported (where applicable).

Personal Data: Refers to Users' personal data as defined by the DPA. 

DPA: Refers to the Federal Data Protection Act of 25 September 2020, as in force on 1er September 2023. Personal data is any information relating to an identified or identifiable natural person. 

Personal Page: Refers to a page on the Site, edited by the User via their Personal Account, on which they can post photos and Comments and follow the progress of the Campaigns they have created. 

User(s): Refers to any adult with full legal capacity and any minor over the age of 16, subject to the prior agreement of the persons holding parental authority over them, using the Site and the functionalities offered. 

ARTICLE 2 - PERSONAL DATA COLLECTED 

The File Owner collects Users' Personal Data directly from them. There are two types of Personal Data: Declarative Personal Data : This is the Personal Data that the User communicates to the File Owner during exchanges with it, in particular in the context of making contact via the "Contact" tab on the Site or, for example, during the contractualisation of one-off or recurring donations. Personal Data generated by the User's activity : This is Personal Data collected automatically as part of the User's browsing and use of the Site. When using the Site, certain Personal Data may be collected automatically, such as the IP address of the User's computer or information relating to the User's computer or connection method. 

ARTICLE 3 - LEGAL BASIS AND PURPOSES OF PROCESSING 

The Data Controller implements various processing operations and associated purposes, the legal bases of which are as follows. 

3.1 Consent 

• Newsletter subscription management ; 

• Managing communication and requests for information ; 

• Posting a comment ; 

• Managing a Personal Account; and 

• Managing a Personal Page.   

3.2 Contractual performance 

• Managing a campaign ; 

• Management of a commitment to make one or more donations; and 

• Managing direct debits on one-off and recurring donations. 

3.3 Compliance with legal and regulatory obligations 

• Management of requests to exercise rights, in particular those relating to the protection of Personal Data; 

• Managing dealings with the supervisory authorities, the judicial authorities or any other competent authority; and • Accounting management. 

3.4 Legitimate interests of the File Controller

• Incident management and quality monitoring; 

• Provision of the Site ; 

• Analysis of Site traffic; 

• Improving the performance of the Site and the functionalities offered; and 

• Improving the efficiency of activities and services linked to Tdh's mission. 

ARTICLE 4 - CATEGORIES OF ADDRESSEE 

The Data Controller is particularly concerned about respecting the confidentiality of the Personal Data of its Users and only communicates such Personal Data to recipients who are authorised and determined to meet the aforementioned purposes. It is specified that these recipients are themselves subject to a strict obligation of confidentiality. 

The said categories of recipients of Users' Personal Data are, as the case may be, the following: 

The authorised internal departments of the File Controller, in particular certain employees of these departments: Communication and Fundraising; Digital, Innovation and ICT; Finance and Logistics; and Human Resources; 

The service providers and subcontractors of the File Owner who are subject to the same confidentiality obligation, for example: technical support, payment management, hosting of the Site, administrative support; 

Compliance auditors.

In addition, some Users' Personal Data may be passed on to third parties, provided that said Users have expressly consented to this.  

ARTICLE 5 - RETENTION PERIODS 

Users' Personal Data is not retained beyond the period strictly necessary for the purposes set out above, in accordance with applicable data protection regulations. Personal Data is permanently deleted at the end of the retention periods. Tdh organises the storage of Personal Data as specified below:

Purpose of processing P1

Purpose of processing P2

ARTICLE 6 - SECURITY OF PERSONAL DATA 

The File Owner attaches particular importance to the security of the Personal Data of the Site's Users. 

Appropriate technical and organisational measures are implemented to ensure that data is processed in such a way as to guarantee its protection against accidental loss, destruction or damage that could undermine its confidentiality or integrity. 

ARTICLE 7 - TRANSFERS OF PERSONAL DATA

Users' Personal Data is hosted in Switzerland. 

It is possible that Users' Personal Data may be transferred to other countries (such as the European Union or the United States), when they are shared with potential partners and/or sub-contractors. The "Maître du Fichier" only transfers Users' Personal Data when this is strictly necessary for the purposes pursued, and only with third party service providers offering conditions of protection of the said Personal Data at least equal to those applied by the "Maître du Fichier" itself. 

ARTICLE 8 - COOKIES 

Among the technologies used to collect Personal Data, the File Owner makes use of cookies, in accordance with the Cookies Policy (https://www.tdh.org/en/cookies and https://www.mytdh.ch/en/cookies). 

ARTICLE 9 - USERS' RIGHTS 

In accordance with Swiss national legal and regulatory provisions, users have a right of access to their Personal Data, as well as a right to rectification and deletion of their Personal Data where this is inaccurate, incomplete or obsolete, or where its collection, use, disclosure or storage is prohibited (unless it is necessary for the fulfilment of the contractual and legal obligations of the Data Controller or for the defence of its rights). 

Users also have the right to obtain a restriction on the processing of their Personal Data if its accuracy is contested, if the processing is unlawful, if the Personal Data is no longer necessary for the processing or if the User has objected to the processing. Users have the right to the portability of their Personal Data and the right to define directives relating to the fate of their data post-mortem. 

Users have the right to object to their Personal Data being processed at any time, for reasons relating to their particular situation, when the processing is based on the legitimate interests of the Controller of the File. 

In the event that such a right of opposition is exercised, the Controller of the File will ensure that the Personal Data of the User concerned is no longer processed within the framework of the processing concerned unless he demonstrates that he has legitimate and compelling grounds for maintaining such processing. These grounds must outweigh the interests and rights and freedoms of the User, or the processing must be justified for the purposes of establishing, exercising or defending the rights of the User before the courts. 

Users also have the right to object to canvassing, particularly commercial canvassing, including profiling for this purpose. Where the processing of their Personal Data is based on their consent, Users may withdraw their consent at any time, and such withdrawal shall not render the processing carried out up to the time of such withdrawal unlawful. 

Users may exercise their rights by contacting the Personal Data Protection Officer using the contact information contained in Article 10. Any request relating to the exercise of one of these rights must be accompanied by proof of the identity of the applicant by any means. If there is any doubt as to the identity of the requestor, he or she may be asked for additional information, which may include providing proof of identity. 

ARTICLE 10 - CONTACT 

Users may exercise their rights or submit any questions relating to this Privacy Policy by contacting the Data Protection Officer by e-mail at dpo@tdh.org or by post at : Terre des hommes - International children's aid - Foundation For the attention of the Data Protection Officer Route des Plaines-du-Loup 55, CH-1018 Lausanne, Switzerland 

ARTICLE 11 - UPDATING THE PRIVACY POLICY 

The Data Controller may be required to modify this Confidentiality Policy, particularly in the light of the legal and regulatory context and the relevant doctrine. Any person concerned is advised to consult this page regularly to take note of any changes or updates made to this Confidentiality Policy. 

ARTICLE 12 - APPLICABLE LAW AND JURISDICTION 

The provisions of Swiss law apply to this Privacy Policy. The application of conflict of law rules is excluded. The exclusive place of jurisdiction is the domicile of the Site Manager (see the Legal Notice https://www.tdh.org/en/legal-mentions and https://www.mytdh.ch/en/legal-mentions). The invalidity of certain provisions does not affect the remaining validity of the Privacy Policy.