01
What this capsule can contain
The Memories capsule is designed for emotional and personal content: words you would like to say, moments you want to keep, your voice or your face for the people you will love over time.
- Written texts — letters, messages, thoughts
- Audio recordings — your voice, sounds, spoken messages
- Video — videos added from your device
- Photos and images — moments that matter
- Media featuring other people — photos, videos or audio in which other people appear or are mentioned
A photo, a recording or a letter can reveal the ethnic origin, health, religious beliefs or sexual orientation of the people in it. These are the special categories of data under Art. 9 GDPR and sensitive personal data under Art. 5(c) FADP. We explain how they are processed in § 02; section 03 sets out what applies to people other than you.
02
Data processed by Erabox
| Controller and processor | Erabox SA · Via delle Fornaci 6, 6826 Riva San Vitale (TI), Switzerland. Erabox is the controller for account, payment, security and delivery-event verification data, and for the Guardian’s data. For the content of this capsule and for Beneficiaries’ data, Erabox is the processor and acts on your behalf, following your instructions and the Data Processing Agreement (Art. 28 GDPR; Art. 9 FADP) |
| Data protection officer | Massimiliano Nicotra, attorney · privacy@erabox.ch |
| EU representative | Massimiliano Nicotra, attorney · privacy@erabox.ch |
| Owner’s data | Content you add (texts, audio, video, images), technical metadata (creation date, file size, content type) |
| Beneficiary’s data | Name, email address, phone number (if provided), date of birth if you give it, scheduled delivery date. Erabox processes them on your behalf, as processor. If you choose to let the Beneficiary know, Erabox sends them a privacy notice on your behalf within one month of their designation; if you choose confidential mode, the notice is given to them at the time of delivery. In no case does the notice reveal the content to them before delivery |
| Third parties’ data | Any people named, photographed or recorded in the multimedia content added by the Owner |
| Special categories of data | The content may reveal ethnic origin, health, religious or philosophical beliefs, sex life and sexual orientation (Art. 9 GDPR; Art. 5(c) FADP). The consent you give covers the data that concerns you; for other people, read section 03 |
| Technical session data | IP address, user agent, session ID, UTC timestamp, processed for the security of the service and to keep proof of the declarations and consent you give (audit trail) |
| Legal basis | Storage, retention and delivery to the Beneficiary: carried out by Erabox on your behalf, as processor, in performance of the contract you have entered into with Erabox and of the Data Processing Agreement (Art. 6(1)(b) GDPR; Arts. 6 and 30–31 FADP). Special categories of data in the material you add: your explicit consent (Art. 9(2)(a) GDPR; Art. 6(7)(a) FADP). Record of declarations and security: obligation to demonstrate consent and accountability of the controller (Art. 7(1) and Art. 5(2) GDPR, together with Art. 6(1)(c) and (f)). Invoicing: legal obligations |
| Purposes | Secure storage of the content; timed delivery to the designated Beneficiary; system audit trail |
| Access to content | Within your account, only you can see the content. The Beneficiary receives it once the moment you have chosen arrives. Content is encrypted at rest with keys managed by Erabox, whose systems access it when needed to store, process and deliver it. Erabox processes the content on your behalf and does not use it for its own purposes. Staff access is limited to maintenance, security and support operations, is allowed only to authorised staff and is logged |
| Retention | Content: until delivery, for the duration of the subscription. If the subscription expires without renewal, there is a 30-day grace period, then the account is suspended in read-only mode for 12 months, then permanently deleted. If your death has been reported or confirmed by the Guardian, capsules already scheduled are not deleted for non-renewal and remain until delivery, up to a maximum of 10 years. After delivery, the content remains available for the 30 days the link is valid and is then deleted within 30 days. If you delete your account, the content is erased after 30 days. Access and data operation logs: 12 months. Billing data: 10 years under Swiss law |
| Providing your data | Account data and the Beneficiary’s contact details are required: without them, the capsule cannot be created or delivered. The Beneficiary’s phone number, their date of birth and any content you choose to add are optional |
| Automated decisions | Delivery linked to death takes place after the Guardian’s report or, with ‘after a long silence’, after their confirmation. Once the period of silence you have chosen has passed, Erabox sends you a reminder after 14 days and a second one after a further 7; if you do not log in within another 7 days, it contacts the Guardian. A 14-day safety window runs from the notice to the Guardian; logging in to the app before delivery stops the process. Delivery therefore always requires human involvement and is not a decision based solely on automated processing within the meaning of Art. 22 GDPR and Art. 21 FADP |
| Security breaches | If a breach poses a high risk to your rights, Erabox tells you and notifies the competent authorities (Arts. 33 and 34 GDPR; Art. 24 FADP) |
| Security | AES-256 encryption at rest · TLS 1.3 in transit · logged access |
| GDPR / FADP rights | You can request access, rectification, erasure, restriction of processing and portability (Arts. 15–20 GDPR) and object to processing (Art. 21 GDPR). If you are in Switzerland, Art. 25 FADP applies to access, Art. 28 to the handover and transfer of your data, and Art. 32(1) and (2) to rectification and erasure; objection takes a different form, because Art. 30(2)(b) FADP treats processing carried out against your express wishes as a breach of your personality rights. Write to privacy@erabox.ch. You can lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC) (Swiss users: edoeb.admin.ch) or with the supervisory authority in your country of residence (EU users). Full Privacy Policy → |
03
The people who appear in your content
A Memories capsule almost always involves someone else too: the person in the photo, the voice in the recording, the name in the letter. Those people have rights over their own data even if they don’t use Erabox.
- Your consent covers you — for special categories of data about other people, the consent under Art. 9(2)(a) GDPR and Art. 6(7)(a) FADP must come from them: you cannot give it on their behalf
- They have the right to know — they can request access to, rectification and erasure of their data, under Art. 14 GDPR and Art. 19 FADP
- Where they can turn — Erabox keeps a public notice for anyone who believes their data is stored in a capsule, at erabox.ch/en/third-party-privacy-notice, and a reporting channel at privacy@erabox.ch
- How we handle a report — anyone can report content that concerns them, as provided for by Art. 16 of Regulation (EU) 2022/2065. Erabox examines the report, replies to the person who sent it and may remove or block the content. Before taking any decision, it contacts you, unless the law requires otherwise
- Your commitment — by adding content that concerns other people, you undertake to do so with respect for their dignity and privacy, and to let them know when you can
The Beneficiary and the Guardian. You are the one who processes the Beneficiary’s data, and Erabox stores it and uses it for delivery on your behalf. If you choose to let them know, Erabox sends them the privacy notice on your behalf within one month of their designation; if you choose confidential mode, it gives it to them at the time of delivery. The Guardian, on the other hand, is informed by Erabox, which is the controller of their data: the invitation they receive contains the link to the privacy notice. They need to know they have been designated, because they are the person Erabox asks to confirm the event. No notice reveals the content of the capsule before delivery. The text of the notice is published at erabox.ch/en/third-party-privacy-notice.
04
After your death
The GDPR does not apply to the data of deceased persons and leaves the matter to individual states. For users in Italy, Article 2-terdecies of the Italian Data Protection Code applies: anyone who has an interest of their own, acts to protect the data subject or has family reasons deserving protection can exercise the rights that belong to you. You can prohibit this, in whole or in part, with a written declaration sent to privacy@erabox.ch. The prohibition does not affect the delivery you have scheduled.
05
What Erabox does and what it is responsible for
Erabox is the controller for the data needed to run the service: registration and account, payments, security, verification of the delivery event, the Guardian’s data and legal obligations.
For the content you add to capsules and for Beneficiaries’ data, Erabox is the processor (Art. 28 GDPR; Art. 9 FADP): it stores and delivers them on your behalf, following your instructions and the Data Processing Agreement, without using them for its own purposes. You decide what to add, who to deliver it to and when, and you are responsible for those choices; Erabox is responsible for keeping it secure and delivering it correctly. If you add content for purely personal or household purposes, your processing falls under the exemption in Art. 2(2)(c) GDPR and Art. 2(2)(a) FADP; the rules of the Agreement still apply as terms of the service. With regard to that content, Erabox is a hosting service provider within the meaning of Art. 6 of Regulation (EU) 2022/2065.
Erabox is a digital storage and delivery service. We are not therapists, legal advisers or guarantors of other people’s behaviour. Please read carefully what falls outside our responsibility.
- 1We do not check the content you add in advance. Responsibility for what you write, record or add lies with you. If someone reports content that concerns them, we examine it under the procedure described in section 03.
- 2We cannot guarantee that the Beneficiary will open, read or listen to the content they receive.
- 3We are not liable for the emotional or psychological impact the content may have on the Beneficiary or on third parties, because you choose that content and we do not intervene in it.
- 4If the Beneficiary details you have entered are wrong or out of date, delivery may not take place. You provide the contact details and can correct them at any time from your profile.
- 5We do not check in advance that you have the right to share images, videos or audio in which third parties appear: that check is up to you. Anyone who appears in them can, however, report it to us, and in that case we take action.
- 6If a technical interruption of the service prevents delivery, we refund you in proportion to the fees paid for the period concerned. This refund does not limit the compensation for damage you are entitled to under Art. 82 GDPR.
- 7Disputes between the Owner and the Beneficiary about the delivered content are a matter between them. Erabox nonetheless remains responsible for storage and delivery.
- 8If a third party brings a claim against Erabox over content you have added in breach of the commitments you have made, we ask you to indemnify us for the costs and sums arising from it. This obligation does not extend to cases of intent or gross negligence on Erabox’s part.
The limitations of liability and the indemnity obligations set out here and in the declarations in section 06 do not apply in cases of intent or gross negligence on Erabox’s part, nor within the mandatory limits laid down by consumer protection law (Art. 100 of the Swiss Code of Obligations; Italian Legislative Decree 206/2005 for users resident in Italy). Erabox’s liability under Art. 82 GDPR remains unaffected.
06
Your declaration
I have reached the age of 18 and have full legal capacity.
I am the author of the content added to this capsule or hold the right to share it.
The content does not infringe the rights of third parties (image rights, privacy, copyright), or was collected with the consent of the people concerned or in the exercise of a legitimate right.
I have read section 03 and I know that the people who appear in the content can ask Erabox for access to, rectification and erasure of their data.
I have checked that the Beneficiary’s details (name, email or phone) are correct and up to date.
I understand that Erabox does not check the content in advance and is not responsible for the emotional or relational consequences of receiving it.
If a third party brings a claim against Erabox over content I have added in breach of these commitments, I will indemnify Erabox for the resulting costs, except in cases of intent or gross negligence on Erabox’s part.
Consent, optional. I consent to the processing of special categories of data concerning me contained in the material I add (ethnic origin, health, religious or philosophical beliefs, sex life and sexual orientation), so that it can be stored and delivered to the Beneficiary I have designated, under Art. 9(2)(a) GDPR and Art. 6(7)(a) FADP.
Erabox records this declaration with the session identifier, IP address and UTC timestamp in the capsule’s audit log, to keep proof of consent as required by Art. 7(1) GDPR. No handwritten signature is required.