1. Who we are
Initiative pour la liberté artistique (ILA) is a Swiss foundation based in Geneva, Switzerland.
Initiative pour la liberté artistique (ILA)
Avenue de Frontenex 5
1207 Geneva Switzerland
UID: CHE-160.263.621
Email: info@afi-ila.ch
ILA is responsible for the personal data it collects and processes through this website and in connection with its activities.
This Privacy Statement explains how ILA collects, uses, stores and shares personal data, including information submitted by artists and cultural workers seeking legal, protection, relocation or professional assistance.
2. Scope of this Privacy Statement
This Privacy Statement applies to personal data collected through ILA’s website and in connection with its programs and activities, including when you:
- visit or use the website;
- contact ILA;
- apply for legal, protection, resettlement or professional assistance;
- participate in an ILA program, event or activity;
- subscribe to ILA communications;
- make a donation;
- apply for a position, fellowship or other opportunity; or
- otherwise provide information to ILA.
3. Personal data we collect
The information we collect depends on how you interact with ILA.
Website and contact information
When you use our website or contact us, we may collect information such as your name, email address, telephone number, correspondence, IP address, browser and device information, and other technical information generated through use of the website.
If you subscribe to our newsletter, we collect your email address and any related subscription preferences.
If you make a donation, we may receive your name, contact details, donation amount and transaction information. Payment-card information is processed by the relevant payment provider and is not ordinarily stored directly by ILA.
Applications for assistance
Because ILA supports artists and cultural workers facing persecution, censorship, displacement and immigration barriers, applications for assistance may contain sensitive personal information.
Depending on the circumstances, we may collect:
- name, pen name and contact information;
- date and place of birth;
- nationality and citizenship;
- residential address and current location;
- family and household information;
- immigration, visa, asylum, residency and work-authorization status;
- employment and professional information;
- artistic discipline, professional history, CV, portfolio and evidence of artistic activity;
- organizational or professional affiliations;
- information concerning censorship, threats, persecution, detention, criminal or administrative proceedings, forced displacement, armed conflict or humanitarian circumstances;
- information concerning family members or other persons where relevant to an application;
- supporting documents and evidence;
- information regarding assistance requested from or provided by governments, lawyers, humanitarian organizations, cultural institutions or other organizations; and
- other information necessary to understand an applicant’s circumstances and determine what assistance ILA may be able to provide.
You should provide only information that is relevant to your request. If you provide personal information about another person, you should do so only where you are permitted to share that information.
4. Why we process personal data
ILA processes personal data where necessary to carry out its mission and operations, including to:
- assess requests for assistance and determine whether and how ILA may be able to respond;
- provide or coordinate legal, immigration, resettlement and professional support;
- communicate with applicants and individuals receiving assistance;
- coordinate with lawyers, legal consultants and other professional advisers;
- facilitate referrals to partner organizations, cultural institutions, residency programs or other support services;
- manage programs, events and professional opportunities;
- conduct research and advocacy, where appropriate and subject to applicable confidentiality safeguards;
- respond to inquiries;
- manage donations and donor communications;
- administer newsletter subscriptions and other communications;
- recruit staff, fellows, consultants and volunteers;
- operate, maintain and secure our website and information systems;
- comply with financial, regulatory, contractual and legal obligations; and
- establish, exercise or defend legal rights.
Where consent is required by applicable law for a particular processing activity, ILA will seek that consent.
5. Sensitive personal data and confidentiality
ILA recognizes that information provided by artists and cultural workers at risk may be highly sensitive and that unauthorized disclosure could create personal, professional, legal or security risks.
Access to case-related information is therefore limited to staff, consultants, lawyers, partners or other persons who require the information to assess, manage or support the relevant request or program.
ILA does not publish an applicant’s identity, personal history, case information, image or other sensitive information for communications, fundraising, advocacy or publicity purposes without appropriate authorization.
Providing information to ILA through an application or inquiry does not make that information public.
6. Sharing personal data
ILA does not sell personal data.
Where necessary for the purposes described in this Privacy Statement, ILA may share personal data with the following recipients.
Iniciativa por la Libertad Artística
ILA works closely with its sister organization, Artistic Freedom Initiative (AFI), based in New York.
Where relevant to an individual’s request for assistance or to activities conducted jointly by ILA and AFI, necessary personal data may be shared with AFI, subject to applicable confidentiality and data-protection requirements.
Lawyers and legal consultants
ILA may share information with independent lawyers, legal consultants or legal organizations where this is necessary to assess a request, obtain specialist advice, make a referral or provide legal assistance.
Where an individual enters into an attorney-client relationship with an independent lawyer, that lawyer may also process personal data in accordance with their own professional and legal obligations.
Partner organizations
Depending on the assistance requested, personal data may be shared with humanitarian organizations, cultural institutions, residency programs, universities, professional networks or other organizations capable of providing relevant assistance or opportunities.
ILA seeks to limit such disclosures to information reasonably necessary for the relevant purpose.
Public authorities
ILA may disclose personal data to courts, regulatory authorities, law-enforcement bodies, immigration authorities or other public authorities where required or permitted by applicable law or where necessary in connection with assistance requested by the individual concerned.
7. Service providers
ILA uses third-party service providers to operate its website, communications, payment systems and organizational infrastructure.
Its principal website-related service providers currently include:
- Kinsta — website and form hosting and related technical infrastructure;
- Cloudflare — website security, network protection and performance services;
- Intuit Mailchimp — email newsletter distribution and mailing-list management; and
- Stripe — processing of online donations and payments.
Depending on how you interact with ILA and on the services concerned, these providers may process information such as contact details, IP addresses, browser and device information, website activity, newsletter subscription information, transaction information or information submitted through website forms.
These providers may use their own infrastructure and subprocessors in Switzerland, the United States and other countries.
ILA remains responsible for ensuring that processors acting on its behalf are engaged subject to appropriate contractual, confidentiality and data-security arrangements as required by applicable law.
Certain providers, particularly payment providers, may also process some information as independent controllers for purposes such as fraud prevention, regulatory compliance and payment processing, in accordance with their own privacy terms.
8. International transfers
ILA is based in Switzerland but works internationally. Personal data may therefore be processed or transferred outside Switzerland where this is necessary for ILA’s activities.
This may include transfers to:
- Artistic Freedom Initiative in the United States;
- international legal, cultural, humanitarian or institutional partners;
- service providers or their subprocessors located outside Switzerland; and
- infrastructure used by Kinsta, Cloudflare, Mailchimp and Stripe, which may involve processing in the United States or other countries depending on the service and configuration used.
Where personal data is transferred to a country that does not benefit from a level of data protection recognized as adequate under Swiss law, ILA uses an appropriate safeguard where required, such as recognized standard contractual clauses, or relies on another transfer mechanism permitted by applicable data-protection law.
Where appropriate, ILA also considers additional technical or organizational measures having regard to the nature and sensitivity of the information involved.
ILA takes particular care when transferring sensitive information relating to artists or cultural workers seeking legal, protection or resettlement assistance and seeks to limit such transfers to what is necessary for the relevant purpose.
9. Legal framework
ILA processes personal data in accordance with applicable Swiss data-protection law, including the Swiss Federal Act on Data Protection.
Where the European Union General Data Protection Regulation, United Kingdom data-protection law or another data-protection regime applies to a particular processing activity, ILA will also comply with the applicable requirements of that law.
Depending on the circumstances and the applicable legal framework, personal data may be processed because:
- you have requested assistance or another service from ILA;
- processing is necessary for ILA’s legitimate organizational or charitable activities;
- you have provided consent;
- processing is necessary to comply with a legal obligation;
- processing is necessary to protect an individual’s vital interests; or
- processing is necessary for the establishment, exercise or defence of legal claims.
10. Data retention
ILA retains personal data only for as long as reasonably necessary for the purposes for which it was collected and to satisfy applicable legal, regulatory, accounting, safeguarding and record keeping requirements.
Application and case information may be retained for the period necessary to assess and provide assistance and for an appropriate period afterward where records are required for legal, professional, safeguarding, reporting or organizational purposes.
Financial and donation records are retained for the periods required under applicable accounting and financial laws.
Newsletter information is retained until you unsubscribe or otherwise request removal, subject to any information that ILA may need to retain to record your communication preferences.
Recruitment information is retained for the duration of the relevant recruitment process and, where appropriate, for a reasonable period afterward.
When personal data is no longer required, ILA will delete, anonymize or securely archive it as appropriate.
11. Data security
ILA takes reasonable technical and organizational measures designed to protect personal data against unauthorized access, accidental or unlawful loss, misuse, alteration, disclosure or destruction.
These measures include limiting access to sensitive information according to professional responsibilities and using appropriate technical systems, access controls and security measures.
ILA also seeks to ensure that service providers processing personal data on its behalf provide an appropriate level of data security.
No electronic transmission or storage system can be guaranteed to be completely secure. Individuals intending to submit particularly sensitive documents or information may contact ILA if they have questions about the most appropriate means of transmission.
12. Newsletter and communications
If you subscribe to ILA’s newsletter or other communications, ILA may use your contact information to send news, program information, invitations, publications and updates about its work.
ILA currently uses Mailchimp to manage newsletter subscriptions and distribute electronic communications. Mailchimp may process information including your email address, subscription status and information about interaction with communications, depending on ILA’s configuration and your consent choices.
You may unsubscribe at any time using the unsubscribe mechanism provided in the communication.
Unsubscribing from general communications will not prevent ILA from contacting you where necessary in connection with an application for assistance, case, donation, contract or other existing relationship.
13. Donations and payments
ILA uses Stripe to process online donations and payments.
When you make an online payment or donation, payment information is transmitted directly to Stripe and processed through Stripe’s systems. ILA may receive transaction information necessary to administer the donation, such as your name, contact information, transaction reference, donation amount and payment status.
Stripe may process personal data for its own purposes, including payment processing, security, fraud prevention and compliance with financial and regulatory requirements, in accordance with its own privacy terms.
14. Cookies and website technologies
ILA’s website may use cookies and similar technologies necessary for website operation, security, network management and performance.
In particular, services provided by Kinsta and Cloudflare may process technical information such as IP addresses, browser information, device information, request logs and security-related information in order to deliver, protect and maintain the website.
Other cookies or technologies may be used for newsletter functionality, embedded content or other website features.
Where applicable law requires consent before non-essential cookies or similar technologies are used, users will be provided with an appropriate opportunity to accept or reject those technologies.
Browser settings may also allow users to restrict or delete certain cookies, although doing so may affect website functionality.
15. External websites and services
ILA’s website may contain links to websites or services operated by third parties.
When you follow an external link or interact directly with a third-party service, the relevant third party may process personal data under its own privacy terms.
ILA is not responsible for the privacy practices of websites or services that it does not control.
16. Your rights
Depending on the law applicable to you and the circumstances of the processing, you may have rights concerning your personal data, including the right to:
- ask whether ILA processes personal data about you;
- request access to your personal data;
- request correction of inaccurate or incomplete information;
- request deletion or destruction of personal data in appropriate circumstances;
- object to or request restriction of certain processing;
- request a copy of certain personal data in a commonly used format;
- request transfer of certain personal data where applicable; and
- withdraw consent where processing is based on consent.
Withdrawal of consent does not affect processing lawfully carried out before consent was withdrawn.
These rights may be subject to limitations under applicable law, including where information must be retained to comply with legal obligations, protect another person, preserve confidentiality or establish, exercise or defend legal rights.
Requests may be sent to info@afi-ila.ch.
ILA may request information necessary to verify the identity of the person making the request.
You may also have the right to raise a concern with the Swiss Federal Data Protection and Information Commissioner (FDPIC) or, where another data-protection regime applies, with the competent supervisory authority.
17. Changes to this Privacy Statement
ILA may update this Privacy Statement from time to time to reflect changes in its activities, website, service providers, technology or applicable law.
The current version will be published on this website together with the date of the latest update.
18. Contact
Questions concerning this Privacy Statement, ILA’s processing of personal data or the exercise of data-protection rights may be directed to:
Initiative pour la liberté artistique (ILA)
Avenue de Frontenex 5
1207 Geneva
Switzerland
Email: info@afi-ila.ch