Privacy Policy

1. Introduction

The following Privacy Policy together with its Cookie Policy and its Terms of Use apply to all services, products, websites, apps and other services (hereinafter “TESTUDO Services“) of TESTUDO Switzerland AG, its affiliated companies and its brands (hereinafter “TESTUDO“). The terms in this Privacy Policy apply also to the Cookie Policy and the Terms of Use.

TESTUDO offers the TESTUDO Services to customers, suppliers, business partners, users, job applicants and other individuals in the context of TESTUDO’s activities (hereinafter the “Customers“, individually the “Customer“). For the TESTUDO Services, TESTUDO requires various data and information from the Customers about the Customers themselves and/or about other facts and matters relating to the Customers (hereinafter referred to as “Data“). By obtaining any of the TESTUDO Services and/or entering in any commercial relationship with TESTUDO the Customer agrees to this Privacy Policy and its Cookie Policy and its Terms of Use and gives his/her consent to the terms herein.

TESTUDO collects, records, organises, arranges, stores, adapts, modifies, reads out, queries, uses, transmits, analyses, disseminates, sells, copies, deletes and/or destroys the Data with or without the aid of automated processes (hereinafter “Processing“). The Processing is a basic requirement and therefore indispensable for TESTUDO to be able to offer the TESTUDO Services and fulfil its business model. TESTUDO endeavours to protect the security and confidentiality of the Data that TESTUDO receives, obtains from publicly accessible sources and/or otherwise processes in the course of its activities. This Privacy Policy and its Cookie Policy and its Terms of Use explain how and to what extent TESTUDO processes Data and which terms of use apply for the TESTUDO Services.

TESTUDO is responsible for the Processing of Data. Questions and requests regarding the Processing of Data should be sent in writing to the following address:

TESTUDO Switzerland AG, Gubelstrasse 24, 6300 Zug, Switzerland

2. Legal basis

The Processing is subject to Swiss law. Under certain circumstances, foreign law may apply, in particular the General Data Protection Regulation of the European Union (hereinafter “GDPR“). TESTUDO undertakes to comply with all relevant legal requirements and, as far as legally possible, also obliges its employees and third parties who process Data on its behalf to do so without, however, assuming any liability for it, as far as legally possible.

3. Data and Processing

In general, the Processing begins with the start of the business relationship between TESTUDO and the Customer or within another context of TESTUDO’s activities.

TESTUDO is also authorised, following an expression of interest by a person (hereinafter “Interested Person“) in TESTUDO itself, in one or more of the TESTUDO Services or in another service, a product, a website, an app and/or another service of a business partner of TESTUDO (hereinafter “Other Services“), to inform the Interested Person about TESTUDO Services and/or Other Services and to process the Data received from the Interested Person and/or third parties.

3.1 Data

In principle, all Data, including Personal Data (see Section 10.2), which are generated in the context of the TESTUDO Services or which are necessary for the TESTUDO Services in the sole judgement of TESTUDO, can be processed. This includes, in particular, but is not limited to

Data that Customers communicate to TESTUDO, regardless of the type of communication, including via online forms or apps, or otherwise communicate in the context of their use of TESTUDO’s offers and TESTUDO Services (e.g. via telephone, e-mail, online forms, surveys, etc.), including personal Data (name, home address, telephone number, e-mail address, company, company size, etc.)
Correspondence and other communication with the Customer (e.g. e-mails, Property-related Data such as property addresses, numbers and sizes, details of the materials used and their condition
Automatically transmitted or generated usage Data (e.g. date and time of use, previous and accessed page, IP address, data on the browser used, device ID, current location, if this information is released, etc.)
telephone calls, which can also be recorded where necessary)

This Data can be linked to each other, through multiple contacts and/or other means, such as the usage of websites, apps, social media, etc., if a Customer or a Customer’s profile is recognised, e.g. based on a username, an email address, a device identifier or “cookies” stored in the browser or otherwise (see below section 9).

3.2 Purpose of Processing

The Processing may be conducted generally for the purpose of all commercial and non-commercia interests of TESTUDO within TESTUDO’s activities. The Processing by TESTUDO is carried out for the development, offering for payment and free of charge, further development and design of the TESTUDO Services, for the purpose of contract processing and the execution of contractual and legal obligations, for internal training purposes and for quality control, for the maintenance and development of user relationships, for the expansion of TESTUDO into other business areas, for obtaining offers from third parties such as insurance companies and other service providers, for advertising and marketing purposes, to prevent, detect and combat misuse, to respond to justified official enquiries, confirming and verifying the identity and credit status and creditworthiness of relevant Customers (this may involve the use of a credit reference agency or other third parties), for conducting due diligence, and screening against publicly available government and/or law enforcement agency sanctions lists and other third-party data sources, for the use of and participation in TESTUDO’s internal registers and sector warning systems and/or third party verification services, in connection with credit checks and debt collection activities, for fraud prevention, for the enforcement of claims or other legal disputes which concern TESTUDO or in which TESTUDO has a legitimate interest or in which TESTUDO is involved.

Other purposes for using the Data may arise from the circumstances or from contractual and/or legal obligations or may be indicated when the Data in question is collected.

3.3 Processing of Data by Third Parties

TESTUDO may have the Data processed by third parties, including abroad, i.e. outside Switzerland. TESTUDO shall ensure in an appropriate manner that these third parties only process the Data in the way that TESTUDO is authorised to do (see section 3.2). The Customer hereby expressly authorises TESTUDO to pass on the Data to third parties, including abroad. In exceptional individual cases (e.g. misuse), the Data may also be disclosed to third parties for purposes other than those listed in this Privacy Policy and its Cookie Policy and its Terms of Use or provided for by law, provided that applicable law is not violated. TESTUDO cannot control, guarantee or warrant that these third parties comply with the data protection provisions applicable to TESTUDO; they process the Data for their own purposes and possibly also abroad, where there may be no adequate data protection. The Data may also be transferred abroad when Data is passed on to third parties, in particular if social networks or other third-party services are used via the TESTUDO Services and/or linked to them.

3.4 Automated Decisions

Automated tools (including the use of Artificial Intelligence) may be used to make decisions about Customers and Interested Persons and any matters related to them, in particular but not limited for the purposes of entering into or performing a contract, including for assessing creditworthiness, eligibility and for fraud prevention purposes, and for managing a contract and/or the TESTUDO Sercices,

4. Data Storage

The storage of Data by TESTUDO is carried out in accordance with the provisions of the applicable Swiss data protection law and, where applicable, foreign law, in particular the GDPR. As a rule, TESTUDO processes all Data in Switzerland and stores it on systems in Switzerland or, if necessary and at TESTUDO’s sole discretion, abroad. TESTUDO reserves the right to process or store the Data outside Switzerland without informing the Customer in advance, provided that the relevant provisions of data protection legislation are complied with.

5. Data Protection and Privacy by Design

TESTUDO shall take appropriate technical and organisational measures to prevent unauthorised access and other unauthorised Processing in the context of the storage and processing of Data. These measures are regularly reviewed and, if necessary, adapted, including for third parties commissioned by TESTUDO to operate its systems. TESTUDO shall also take commercially reasonable technical and organizational steps to ensure that such requirements are implemented into the design of new systems and processes used for Processing Personal Data.

6. Data Storage Period

TESTUDO stores the Data in accordance with legal requirements and complies with the relevant statutory retention periods and obligations. After expiry of the relevant statutory retention periods and obligations or after expiry of the periods necessary for the prosecution or defence of claims (e.g. statute of limitations), the Data may be routinely deleted. Data that is not subject to retention periods and contractual and/or legal obligations will be deleted if its retention is no longer necessary for TESTUDO Services or for other interests of TESTUDO.

7. Information and Content

TESTUDO may from time to time send newsletters or other (including commercial) content in connection with TESTUDO Services (hereinafter “TESTUDO Information“) to all Customers who register with TESTUDO with an e-mail address or other electronic address or mobile phone number or who install a TESTUDO app. TESTUDO may use the services of other software providers to send the TESTUDO Information. The Customer hereby agrees to the sending or display of TESTUDO Information but can stop this at any time and free of charge.

Under certain circumstances, TESTUDO Information may be received by registration in a so-called double opt-in procedure. The Customer receives an e-mail, text message or other communication asking for confirmation of the registration. This confirmation is necessary so that nobody can register with another person’s information and data. Registrations to receive TESTUDO Information are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation as well as the IP address and/or other information.

The Customers can cancel the receipt of TESTUDO Information at any time and revoke their consent to receive it. At the same time, the consent to its dispatch via mail software providers and the statistical analyses shall expire. It is not possible to cancel the sending of TESTUDO Information via other software providers or the statistical analyses separately. A link or a guideline for cancelling the newsletter can be found at the end of each TESTUDO Information sent to the Customers.

8. Rights

The Customers rights with regard to the Processing by TESTUDO are based on the relevant legal Swiss and, if applicable, foreign regulations. The exercise of such rights requires that the identity of the data subject is clearly established. TESTUDO reserves the right to assert legally provided restrictions of the rights listed here.

8.1 Right to Information

Anyone can request information from TESTUDO as to whether Data about him/her is being processed. TESTUDO will inform him/her of the following:

All Data available about him/her in the data collection, including the available information about the origin of the Data.
the purpose and, where applicable, the legal basis of the processing as well as the categories of Data processed, the parties involved in the collection and the Data recipients.

TESTUDO reserves the right to charge the Customer for the costs incurred in the case of more extensive enquiries.

8.2 Personal Data

Personal Data means any information relating to an identified or identifiable natural person and any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

When TESTUDO processes Personal Data, everyone has the following additional, non-exhaustive rights:

Right of Access: Everyone has the right to request access to his/her Personal Data processed by or on behalf of TESTUDO. In addition, and where provided for by applicable Data Protection Law, the everyone has the right to receive a copy of the Personal Data undergoing Processing, subject to any exemptions provided for by applicable Data Protection Law and in any event without adversely affecting the rights and freedoms of others.
Right to Rectification, Deletion, and Restriction: If Personal Data is incorrect, incomplete, or not processed in compliance with this Privacy Policy and its Cookie Policy and its Terms of Use, everyone has the right to have his/her Personal Data rectified, deleted or the Processing thereof restricted (as appropriate). If Personal Data has been made public by TESTUDO, and the person is entitled to deletion of Personal Data, in addition to deleting the relevant Personal Data, TESTUDO shall take commercially reasonable steps to inform third parties that are processing the relevant Personal Data or linking to the relevant Personal Data, that the person has requested the deletion of Personal Data by such third parties.
Right to Object: Everyone has the right to object to the Processing of his/her Personal Data based on compelling grounds related to his/her particular situation, unless TESTUDO can demonstrate a prevailing legitimate interest for the Processing.

These rights set herein do not apply in one or more of the following circumstances:

the Processing is required or allowed for the performance of a task carried out to comply with a legal or contractual obligation of TESTUDO.
the Processing is required by or allowed for a task carried out in the public interest, including in the area of public health and for archiving, scientific or historical research or statistical purposes.
the Processing is necessary for exercising the right of freedom of expression and information.
for dispute resolution purposes.
the exercise of the rights adversely affects the rights and freedoms of TESTUDO or others; and/or
in case a specific restriction of the rights applies under applicable Data Protection Law.

Further rights of TESTUDO to limit the Customers’ rights arise from the mandatory standards of Swiss and, if relevant, foreign law. To exercise the aforementioned rights, the persons concerned must contact TESTUDO directly and in writing.

The deletion of certain Data may result in TESTUDO no longer being able to provide the TESTUDO services or to operate the TESTUDO Websites. In this case, TESTUDO shall be authorised to immediately terminate the business relationship with the Customer or to discontinue the provision of certain or all TESTUDO Services, irrespective of other contractual agreements. The Customer acknowledges that the discontinuation of certain or all TESTUDO Services by TESTUDO does not constitute a breach of contract by TESTUDO and/or does not release the Customer from its financial obligations.

9. Social Media

TESTUDO may use the offer of social media platforms and social media channels and be active there itself, offer and/or advertise its TESTUDO Services and TESTUDO itself there or contact third parties and (potential) Customers there. The General Terms and Conditions (GTC) and data protection declarations of the respective social media platforms and social media channels and their operators shall apply. TESTUDO assumes no liability for the content exchanged from the social media platforms and social media channels or for any links connection TESTUDO and/or the TESTUDO Services to any such social media platform.

10. Advertising

TESTUDO advertises the TESTUDO Services and TESTUDO Websites online and offline. In doing so, TESTUDO may utilise the services of third parties and process or have Data processed directly or indirectly.

11. Authorization

Customers explicitly and expressly agree that TESTUDO may process the Data as specified in this Privacy Policy and its Cookie Policy and its Terms of Use and unconditionally authorizes TESTUDO to the Processing. Every Customer has the right to withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of the Processing based on consent before its withdrawal. The revocation of consent authorises TESTUDO to immediately terminate the business relationship with the Customer or to discontinue the provision of certain or all TESTUDO Services, irrespective of other contractual agreements. The Customer acknowledges that the discontinuation of certain or all TESTUDO Services by TESTUDO does not constitute a breach of contract by TESTUDO and/or does not release the Customer from his financial obligations.

12. Update

This Privacy Policy and its Cookie Policy and its Terms of Use may be amended at any time and without prior notice. TESTUDO reserves the right to supplement the present Privacy Policy and its Cookie Policy and its Terms of Use with additional data protection declarations in individual cases.

13. Severability clause

Should a provision of this Privacy Policy and its Cookie Policy and its Terms of Use or the contents of a supplement integrated into this Privacy Policy and its Cookie Policy, and its Terms of Use be or become invalid, this shall not affect the validity of the remainder of this Privacy Policy and its Cookie Policy and its Terms of Use. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended economic purpose of the invalid provision.

14. Applicable law and place of jurisdiction

For disputes arising from this Privacy Policy and its Cookie Policy and its Terms of Use or for disputes concerning the Data and the Processing, Swiss law shall apply to the extent legally possible, excluding conflict of laws rules. The courts at the registered office of TESTUDO shall have jurisdiction for disputes arising from this Privacy Policy and its Cookie Policy and its Terms of Use or for disputes concerning the Data, insofar as legally possible.

15. Varia

Questions, comments, suggestions or criticism regarding the Processing and Data are welcome and encouraged at TESTUDO. Requests for information, correction and cancellation can be sent by Customers in writing to the above postal address (with a copy of ID for secure identification).

Last update: June 2025