Terms of use

Please read the following conditions carefully before continuing. By accessing The Ark Foundation website ( https://www.theark.ch/ ), you agree to be bound by the following terms and conditions.

Contents

Terms of use

1. Manager

2. Copyright and trademark rights

3. Warranty exclusions

4. Limitation of liability

5. Links to other websites

6. General

Data protection statement

1. General

2. Scope and purpose of collection, processing and use of personal data

3. Processing of your data for analysis and advertising purposes

4. Transfer of data to third parties

5. Transfer of personal data abroad

6. Data security

7. Cookies, web analysis tools, tracking tools and social plug-ins

8. Evaluation of newsletter use

9. Right of access, rectification, deletion, restriction of processing; right to data portability

10. Right of complaint to a data protection supervisory authority

11. Data retention

12. Changes to this data protection declaration

13. Appendices

Legal notes

1. Manager

The Ark Foundation
Rue de l'Industrie, 23
1950 Sion

Phone +41 58 332 21 20

email10511010211164116104101971141074699104

2. Copyright and trademark rights

The entire content of The Ark Foundation website is protected by copyright. All rights are held by The Ark Foundation. Elements of The Ark Foundation's website are accessible to the public for browsing purposes only.  Any reproduction, transmission, modification, linking or use of The Ark Foundation website for public or commercial purposes is prohibited without the prior written consent of The Ark Foundation.

All names and logos appearing on The Ark Foundation website are generally registered and protected trademarks. The Ark Foundation website is designed in such a way that no right or license is granted for the use of any illustration, trademark or logo. Downloading or copying The Ark Foundation website or parts thereof does not grant any rights to the software or content of The Ark Foundation website. The Ark Foundation reserves all rights to the entire content of The Ark Foundation website, with the exception of rights held by third parties.

3. Warranty exclusions

Although The Ark Foundation has made every effort to ensure the reliability of the information contained on The Ark Foundation's website at the time of publication, neither The Ark Foundation nor its contractual partners can give any explicit or implicit assurance or warranty (including to third parties) in respect of the accuracy, reliability or completeness of the information provided on The Ark Foundation's website. Opinions and other information contained on The Ark Foundation website may be changed at any time without notice.

The Ark Foundation assumes no warranty or liability for any interruption of the functions of its website or for the absence of viruses or other harmful components on the website or the corresponding server.

4. Limitation of liability

The Ark Foundation is only liable for damage caused by gross negligence or intent. The Ark Foundation accepts no liability for damage caused by an auxiliary person. The Ark Foundation is not liable for lost profits, lost data or any other direct, indirect or consequential damages resulting from access to or use of the content of the Ark Fondation's website, or the inability to access or use it, or from links to third-party websites, or from technical failures.

5. Links to other websites

The Ark Foundation website contains links to third-party websites that may be of interest to you. By activating these links, you may leave The Ark Foundation's website or extracts from third-party websites may be displayed within the environment of The Ark Foundation's website. The Ark Foundation has no control over third-party sites accessible via links on its website and is neither responsible nor liable for the content or operation of such third-party sites. This applies irrespective of whether you leave The Ark Foundation's website by activating a link or whether the display takes place within the environment of The Ark Foundation's website, even if, in the latter case, the information provider of a third-party website is not immediately identifiable. Establishing such a connection or consulting the third-party website is at the user's own risk.

6. General

If you have any questions or comments about our legal notices, please contact us at email100971169764116104101971141074699104.

Data protection statement

The Ark Foundation (Rue de l'Industrie 23, 1950 Sion, Switzerland), a public foundation established by law, is the operator of The Ark Foundation website and is therefore responsible for the collection, processing and use of your personal data and for ensuring that such processing is compatible with Swiss law. If you have any questions or suggestions regarding data protection, please contact the Data Protection Officer directly at email100971169764116104101971141074699104.

Your trust is important to us, which is why we take data protection very seriously and ensure that the level of security is appropriate. We naturally comply with the legal provisions of the new Federal Data Protection Act (nLPD), the Ordinance on the Federal Data Protection Act (OLPD), the Telecommunications Act (LTC) and, where applicable, other legal provisions on data protection, and in particular the European Union's General Data Protection Regulation (hereinafter referred to as RGPD).

If you would like to know what type of personal data we collect about you and how we use it, please read the following information.

1. General

When you use our website or communicate with us in any way, personal data is collected about you. This process takes place when you enter data yourself, e.g. your e-mail address. Our system also collects data about you automatically, for example when you visit our website. This process takes place independently of the device or software you use.

Any data you enter on our website is voluntary and you will not suffer any disadvantage if you do not provide it. However, we cannot provide services or conclude contracts without specific data. We will inform you systematically about this mandatory information.

All processing of personal data must be lawful. Insofar as you have not consented to the processing of your personal data (which is the case, for example, if you provide us with your data in a form or by e-mail), the processing of your personal data is generally justified by one or more of the following reasons: (i) the performance of a contract with you or the processing of your request with a view to the conclusion of a contract (art. 31, al. 2, LPD; art. 6, al. 1, lit. b, RGPD), (ii) compliance with a legal obligation (art. 31, al. 1, LPD; art. 6, al. 1, lit. c, RGPD), (iii) or the pursuit of an overriding public or private interest (art. 31, al. 1 and 2, LPD; art. 6, al. 1, lit. f, RGPD).

2. Scope and purpose of collection, processing and use of personal data

2.1. The Ark Foundation website

When you browse our website, our servers temporarily store each access in a log file. The following data is recorded without any action on your part and stored until it is automatically deleted:

• the IP address of the computer from which the request originates
• date and time of access
• the name and URL of the file consulted
• the website from which you accessed our site
• your computer's operating system and browser used
• the country from which you are logged in and your browser language
• the name of your Internet service provider

This data is collected and processed to enable use of our website (connection establishment), to ensure long-term system security and stability, and for internal statistical purposes. In particular, the IP address is used to record the country of residence of the person visiting the website, and to set the appropriate default language settings. The IP address is also used in the event of an attack on The Ark Foundation's network infrastructure, and for statistical purposes.

In addition, we use pixels on every visit to our website to implement web analysis services. Further information on this subject can be found in section 7 and in the appendices to this data protection declaration.

2.2 Subscribe to our newsletter

On our website, you can subscribe to our newsletter. To do so, however, you need to register. During the registration process, you will be asked to enter your e-mail address, surname and first name. This information is mandatory for data processing (newsletter dispatch).

By registering, you give us permission to process the data entered for the purpose of regularly sending a newsletter to the address you have entered, for the statistical evaluation of usage behavior and for the optimization of the newsletter, as mentioned in para. 8.

By doing so, you also authorize us to entrust third parties with the technical processing required to manage our newsletter system and to pass on your data for this purpose (see section 4 below).

At the bottom of each newsletter is a link allowing you to unsubscribe at any time. You can inform us of the reason for unsubscribing on an optional basis. After unsubscribing, your personal data will be deleted. Further processing is carried out in anonymous form only, in order to optimize our newsletter.

We would expressly like to draw your attention to the data analyses carried out in connection with the newsletter (see section 8).

3. Processing of your data for analysis and advertising purposes

In order to provide you with personalized services and information on our website (On-Site-Targeting), we use and analyze data relating to you when you visit the website. When processing this data, we may also use so-called cookies (see 7.2 below). Analysis of your user behavior may be used to create a "user profile".

We also use retargeting technologies such as Google Ads on the website. Your user behavior on our website is analyzed in order to improve your customer experience. Your user behavior is recorded as a pseudonym. Most retargeting technologies work with cookies.

To promote personalized marketing on social networks, we integrate remarketing pixels from Facebook, (X) Twitter or LinkedIn into the website.

The creation of pseudonymized user profiles and the other data processing described above carried out for advertising and analysis purposes are based on an overriding interest within the meaning of Art. 31 para. 2 LPD and Art. 31 para. 1 lit. f RGPD. The overriding interest lies in direct marketing and the analysis of the use of our website.

Detailed information on the technologies used and the resulting data processing can be found in section 7 and in the appendices to this data protection declaration.

4. Transfer of data to third parties

We will only pass on your personal data if you have expressly authorized us to do so, if there is a legal obligation to do so or if it is necessary for us to enforce our rights, in particular to exercise our rights in the context of the relationship between you and The Ark Foundation.

We also pass on your data to third parties if this is necessary in order to provide you with the services you require when using this website and to analyze your user behavior. Insofar as this procedure is necessary for the above-mentioned purposes, it may also take place abroad. Insofar as the website contains links to third-party websites, The Ark Foundation has - once the user has clicked on these links - no influence whatsoever on the collection, processing, storage or use of personal data by these third parties and accepts no liability in this respect.

5. Transfer of personal data abroad

The Ark Foundation may transfer your personal data to third parties (contracted service providers) abroad if this is necessary for the data processing described in this data protection declaration. These third parties are as committed to data protection as we are. If the level of data protection in a country does not correspond to that of Switzerland or Europe, we undertake contractually to ensure that the protection of your personal data corresponds at all times to that of Switzerland or the EU.

6. Data security

To protect the personal data we store against manipulation, partial or total loss and unauthorized access by third parties, we use appropriate technical and organizational security measures. Our security measures are constantly being improved in line with technological developments.

Internal data protection is also very important to us. Both our employees and the service companies we commission are bound by confidentiality and data protection regulations.

You yourself can make an important contribution to the security of your data by taking a few simple precautions. In particular, you should always keep your payment details confidential and close the browser window when you are no longer communicating with us, especially if you share a computer with other people.

7. Cookies, web analysis tools, tracking tools and social plug-ins

7.1. General

In principle, The Ark Foundation's web pages can be used without providing any personal data. However, we use various cookies and other technologies that may lead to the processing of personal data even without the active disclosure of information by the user.

When visiting our website for the first time, the user is expressly informed of the use of cookies and other technologies by means of a so-called banner. This banner refers to the present data protection declaration, which explains in detail how the user can avoid the use of cookies and other technologies. By continuing to browse our website without having made use of the cookie blocking options described here, the user expressly accepts the use of cookies. The same applies to the use of tracking, marketing and analysis tools, as well as social plug-ins.

7.2. Cookies

Cookies are information files that your Internet browser automatically stores on your computer's hard drive when you visit our site. They do not damage your computer's hard disk and do not transmit personal user data to us. Many cookies contain a unique identifier, called a "cookie ID". This is a string of characters that makes it possible to attribute Internet pages and servers to the specific browser where the cookie was stored. This enables the websites and servers consulted to distinguish between the individual browser of the person concerned and other Internet browsers that send their own cookies. A specific Internet browser can be recognized and identified by its unique cookie identifier.

Cookies contribute in many ways to making your visit to our website easier, more pleasant and more relevant. For example, we use cookies to tailor the information presented to your individual interests.

7.3. Web analysis tools

We use web analysis tools to obtain statistical data on the use of our site and thus improve our offering. These tools are generally provided by an external service provider (e.g. Google Analytics). As a rule, the information gathered for this purpose on the use of a website is transmitted via cookies to the third party's server, which may be located abroad (in particular in the USA).

Before data transmission, the user's IP address is shortened, thus preventing the identification of individual terminals. IP addresses recorded in connection with the use of third-party web analysis tools are not linked to any other data held by these third parties.

Detailed information on the web analysis tools used and the subsequent processing of data, as well as on the possibilities for preventing such processing, can be found in the appendices to this data protection declaration.

7.4. Tracking tools

We use various tracking tools on our website. This enables us to monitor your browsing behavior. The purpose of this is to design our website according to your needs and to optimize it on an ongoing basis. In this context, pseudonymized user profiles are created and cookies are used.

Detailed information on the tracking tools used and the subsequent processing of data, as well as on how to prevent this, can be found in the appendices to this data protection declaration.

7.5. Social plug-ins

Various social plug-ins (e.g. Facebook, X (Twitter), LinkedIn and YouTube) are used on our website.

If these plug-ins are activated, your browser establishes a direct connection with the servers of the relevant social network as soon as you visit our website. The content of the plug-in is transmitted from the social network directly to your browser, which in turn integrates it into the site.

If you do not want the data collected via our website to be associated with your personal profile by a particular social network, you must log out of the social network before visiting our website.

You can also block the loading of plug-ins completely by using specialized add-ons offered by your browser.

Detailed information on the social plug-ins used and the subsequent processing of data, as well as on how to prevent this, can be found in the appendices to this data protection declaration.

7.6. Prevention and removal

Most Internet browsers automatically accept cookies. However, you can configure your browser so that cookies are not stored on your computer, or so that a message is displayed whenever a new cookie is received. You can also delete cookies from your computer or mobile devices by using the corresponding function offered by your browser.

You will find a list of the technologies used together with details of the suppliers, further information from the suppliers, the purpose of the respective technologies and the corresponding options for preventing or limiting their use in the appendices to this data protection declaration.

You will not be able to access the full functionality of our website if you disable cookies.

8. Evaluation of newsletter use

We use third-party e-mail marketing services to send out our newsletter. Our newsletter may therefore contain a web beacon (pixel tag) or similar technical means. A web beacon is an invisible 1×1 pixel graphic associated with the newsletter subscriber's user ID.

The use of appropriate services makes it possible to evaluate whether e-mails containing our newsletter have been opened. The click behavior of newsletter recipients can also be recorded and evaluated. We use this data for statistical purposes and to optimize the content and structure of the newsletter. This enables us to tailor our newsletter information and offers to the individual interests of each recipient.

To avoid tracking pixels in our newsletter, you can deactivate the display of HTML in your e-mail tool.

These provisions also apply to e-mails containing practical information about events organized by The Ark Foundation.

9. Right of access, rectification, deletion, restriction of processing; right to data portability

You have the right to receive, free of charge and on request, information about the personal data we store about you. You also have the right to have incorrect data corrected and to have your personal data deleted, provided there is no legal retention obligation, lawful state of necessity or justifiable reason for us to process the data, to the contrary. If the RGPD applies, you also have the right, in accordance with Art. 18 and 21 of the said regulation, to request a restriction of data processing or to object to such processing.

If the RGPD applies, you also have the right to demand that we return the data you have transmitted to us (right to data portability). On request, we can also pass on the data to a third party of your choice. You have the right to receive your data in a standard file format.

You can contact us for the above purposes at email100971169764116104101971141074699104. We may, at our discretion, require proof of your identity in order to process your requests.

You can also let us know and give us instructions on what to do in the event of your death.

10. Right of complaint to a data protection supervisory authority

If the RGPD applies to you, you have the right to lodge a complaint with a data protection supervisory authority at any time.

11. Data retention

We only keep personal data for as long as necessary, generally up to six months: 

- to use the above-mentioned tracking and analysis services in our legitimate interest;

- to perform, in the above-mentioned context, the services you have requested or for which you have given your consent;

- to comply with our legal obligations.

Contractual data will be stored by us for a longer period of time, as required by legal retention obligations. The retention obligations, which require us to store data, result from accounting and tax regulations. According to the latter, corporate communications, contracts and accounting documents must be kept for ten years. When these data are no longer required for the provision of services, they are locked in principle. This means that they can only be used for accounting and tax purposes.

12. Changes to this data protection declaration

We reserve the right to modify and supplement this declaration at any time and at our sole discretion. The current version is the one published on our website.

13. Appendices

13.1. List of web analysis and tracking tools

13.2. List of social plugins

Although cookies are automatically accepted by most browsers, they can be controlled by the user. Please note that by refusing cookies, some site functions may no longer be operational. 

Instructions on how to block or delete cookies can be found on your browser's website, for example:

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