Privacy Policy

1. Controller

Elaria Systems — Mihail Polyatskin, founder Chemin de la Tuilière 33B, 1805 Jongny (VD), Switzerland info@elaria.ch · +41 79 780 90 38

For any question regarding your data, write to info@elaria.ch.

2. Legal framework

We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where it applies, the General Data Protection Regulation of the European Union (GDPR).

3. Core principle

We collect only the data required to establish contact, prepare an offer and deliver our services. We do not sell, rent or disclose your data to third parties for advertising or commercial purposes. We use it solely for the purposes of the work you entrust, or intend to entrust, to us.

4. Data we collect

a) Website form and quiz

When you complete the contact questionnaire (“quiz”) or the form on the website, we collect:

• your first and last name;
• your company name;
• your email address;
• your phone number, if you choose to provide it (optional field);
• your answers to the questionnaire (sector, role, tasks concerned, estimated volume, priority, project maturity).

No sensitive data within the meaning of Art. 5 let. c FADP is requested. Please do not enter such data in free-text fields.

b) Direct exchanges

Information you send us by email, by phone or during a meeting: contact details, descriptions of your processes, documents you share with us.

c) Technical browsing data

When you visit the website, our host records technical data: IP address, date and time of the request, pages viewed, browser and operating system type, referring site. This data is used for security, stability and audience measurement.

d) Data processed on behalf of our clients

Within an engagement, we may access data held in our clients’ systems. In that case we act as a processor, on the client’s instructions, the client remaining the controller (see section 11).

5. Purposes and legal bases

We process your data to answer your request, prepare a diagnosis and draw up an offer: this processing relies on pre-contractual measures and on our legitimate interest.

We process it to perform the engagement: the legal basis is performance of the contract.

We process it to contact you again about your request: the legal basis is our legitimate interest, or your consent where consent is required.

We process it for security, abuse prevention and technical logging: the legal basis is our legitimate interest.

Finally, we process it to meet our legal and accounting obligations: the legal basis is legal obligation.

You may withdraw your consent at any time, without affecting processing already carried out.

We do not send automated newsletters and we make no automated individual decisions producing legal effects concerning you.

6. Hosting and place of processing

The website and the data entered on it are hosted by Contabo GmbH (Germany) in its data centre in Lauterbourg (France), within the European Union. Data is therefore not hosted in Switzerland, but in a country recognised by the Swiss Federal Data Protection Commissioner as providing an adequate level of protection.

For the solutions we build, the client may choose to have a dedicated server located in the European Union rather than shared infrastructure. That choice, together with its technical and financial implications, is discussed and settled before the contract is signed.

7. Recipients and processors

Your data may be shared with the following providers, only to the extent necessary:

• Hosting and infrastructure: Contabo GmbH (Lauterbourg data centre, France).
• Email: our business email provider, for the transmission and storage of our correspondence.
• Providers of artificial-intelligence models, platforms and automation services, where the engagement requires it. These providers may be established outside Switzerland and the European Union.
• Accounting and administrative providers, in the context of legal obligations.

We require these providers to maintain a level of protection consistent with the FADP and, where applicable, the GDPR.

8. Transfers abroad

Some providers, in particular artificial-intelligence service providers, are established outside Switzerland and the European Union, notably in the United States. In such cases the transfer relies on the safeguards provided by the FADP and the GDPR: adequacy decision, standard contractual clauses or explicit consent. Before a project starts, we tell you which third-party services will be used and where data travels.

9. Retention periods

• Contact requests with no follow-up: 24 months from the last exchange.
• Client data and contractual documents: for the duration of the engagement, then 10 years in accordance with statutory retention obligations (Art. 958f CO).
• Technical server logs: 12 months maximum.

After these periods, data is deleted or anonymised.

10. Security and its limits

We take reasonable technical and organisational measures to protect your data: encrypted transmission, restricted access, strong passwords, regular updates.

No IT system is entirely secure. Part of our technical chain relies on third-party providers — hosts, automation platforms, artificial-intelligence model providers — whose infrastructure and internal operation we do not control. To the extent permitted by law, Elaria Systems accepts no liability for unauthorised access to, loss of, alteration of or disclosure of data resulting from a failure, vulnerability or attack affecting those third-party providers or the client’s systems. This limitation does not apply in the event of wilful misconduct or gross negligence on our part, nor where the law excludes it.

In the event of a data security breach entailing a high risk to your rights, we notify the Federal Data Protection and Information Commissioner and the persons concerned, in accordance with Art. 24 FADP and Art. 33-34 GDPR.

11. Our clients’ data (processor role)

When we build an agent, an automation or a website for a client, we may process personal data belonging to that client or to its own customers. The client remains the controller: it determines the purposes, ensures the lawfulness of the collection and informs the persons concerned. We act on its instructions, under the contract concluded and, where necessary, under a separate data processing agreement.

12. Your rights

You have the following rights: access to your data, rectification, erasure, restriction of processing, objection, portability, and withdrawal of consent. Send your request to info@elaria.ch; we respond within 30 days. Proof of identity may be requested where there is doubt as to the identity of the applicant.

You may also lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC, Bern) or, if the GDPR applies to your situation, the supervisory authority of your country of residence.

13. Cookies

The website uses only the cookies strictly necessary for its operation. It sets no audience-measurement, analytics or marketing cookies, and there is no tracking. You may configure your browser to refuse cookies.

14. Changes

This policy may be amended at any time, in particular where our services or the applicable legislation change. The applicable version is the one published on elaria.ch on the date of your visit.