Data protection

In this Data Protection Policy, we, as a registered occupational benefits foundation, explain how we collect and process personal data. This is not an exhaustive description; other data protection guidelines in affiliation agreements, service contracts, terms of use for web services, conditions of participation and similar documents may govern further specific data protection issues. Personal data refers to all information relating to an identified or identifiable person. If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this Data Protection Policy and only share their personal data with us if you are permitted to do so and if this personal data is correct.
This Data Protection Policy is based on the Swiss Data Protection Act (revDSG) and, where applicable, the EU General Data Protection Regulation (GDPR).

1. responsible person / internal data protection officer / external data protection authority

Avanea AG in Wädenswil is responsible for our data processing.

If you have any questions about our data processing or data protection policy, please contact us at the following address:

Avanea AG
Internal Data Protection Officer
Merkurstrasse 3
CH-8820 Wädenswil

E-mail: datenschutz@avanea.ch

2. definition

This policy uses data protection terms that are based on the legal definitions. They mean the following:

2.1 Personal data

Personal data is all information that relates to an identified or identifiable natural person; a natural person is considered identifiable if Avanea or recipients of the data can identify the natural person directly or indirectly on the basis of the information. As a rule, this includes general personal data such as surname, first name and contact details as well as customer numbers and other identifiers that Avanea collects and processes about the data subject (e.g. an employee, insured person, beneficiary or Avanea customer). This also includes financial data and health data relating to a data subject.

2.2 Particularly sensitive personal data

Categories of particularly sensitive personal data: Data concerning religious, philosophical, political or trade union beliefs or activities; data concerning health, privacy or racial or ethnic origin; genetic data, biometric data uniquely identifying a natural person; data relating to administrative or criminal prosecutions or sanctions and data relating to social assistance measures.

2.3 Person concerned

The term “data subject” refers to the natural person about whom personal data is processed.

2.4 Edit

Processing means any handling of personal data, regardless of the means and procedures used, in particular the collection, storage, retention, use, modification, disclosure, archiving, deletion or destruction of personal data.

3. collection and processing of personal data

As the data controller, we primarily process the personal data that we receive in the context of our existing or future business relationships with our customers and potential customers, other business partners and other persons involved, in particular in connection with the preparation of offers, the conclusion and processing of affiliation contracts with employers and thus also with the administration of pension solutions for their employees.
Insofar as this is permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from authorities, doctors, clinics, insurance institutions and other third parties (data such as diagnoses, medical histories, etc.).
In addition to the data that you provide to us directly, this includes the categories of personal data that we receive about you from third parties, in particular

Information from your previous pension fund, from public registers, information that we obtain in connection with official and legal proceedings
Information in connection with your professional functions and activities (e.g. so that we can conclude and process transactions with your employer with your help)
Information about you in correspondence and meetings with third parties, credit information (insofar as we conduct business with you personally)
Information about you that people close to you (family, advisors, legal representatives, doctors, etc.) provide to us so that we can conclude or process contracts with you or with your involvement (e.g. having a health check carried out, references, your address for deliveries, information from banks, insurance companies, sales and other contractual partners of ours to enable us to claim or provide services). e.g. health checks, references, your address for deliveries, powers of attorney, information on compliance with legal requirements, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made))
Personal data from the media and the Internet (insofar as this is appropriate in the specific case, e.g. as part of an application, press review, marketing/sales, etc.).

4. purposes of data processing and legal bases

We use the personal data we collect primarily to ensure the administration of the pension solution for our insured persons, or to conclude and process contracts with our customers and business partners, in particular services from our suppliers and subcontractors, and to comply with our legal obligations in Switzerland and abroad. If you work for such a customer or business partner, your personal data may also be affected in this function.
In addition, we also process personal data of you and other persons for the following purposes, to the extent permitted and deemed appropriate by us, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose, unless we are already authorized to do so on the basis of your consent or for the performance of the contract:

Offer and further develop our products, services, websites or IT and digital solutions;
Communication with third parties and processing their requests (e.g. applications);
Examination and optimization of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition;
Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising or a newsletter as an existing customer, you can object to this at any time and we will put you on a blacklist against further mailings);
Market and opinion research, media monitoring, unless you have objected to the use of your data for this purpose;
Assertion of legal claims and defense in connection with legal disputes and official proceedings;
Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
Guarantees of our operations, in particular IT, our websites and other platforms;
Monitoring activities to ensure IT, building and facility security and to protect our employees and other persons and assets entrusted to us (e.g. access controls, network and mail scanners, telephone but not voice recordings);
Purchase and sale of securities, real estate and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations.

If you have given us your consent to process your personal data for specific purposes (e.g. when registering as an insured person, when registering to receive newsletters, when applying for a job or to carry out a health check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place.

5. cookies and other technologies in connection with the use of our website

The Internet pages use cookies. Cookies do not contain viruses. Cookies are used to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.
We mainly use so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These other cookies enable us to recognize your browser on your next visit.
You can control and regulate the use of cookies yourself via your browser settings. You can set your browser so that you only allow the use of cookies in individual cases and are informed when cookies are set. You can also exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. Note: If cookies are deactivated, the functionality of this website may be restricted. Cookies that are required to carry out the electronic communication process are stored. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services.

SSL encryption

This site uses SSL encryption for security reasons and to protect the transmission of confidential requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

5.1 Cookie settings

By using our website, you accept the use of cookies as explained above. Individual restrictions on the use of cookies can be created via your browser. However, the functionality of this website may be restricted if cookies are deactivated.

5.2 Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies, which are stored on your device and enable an analysis of the website by you. The information generated by the cookie about your use of the website, such as browser type, operating system used, referrer URL (the previously visited page), IP address and time of the server request are transmitted to a Google server in the USA and stored there. The IP address transmitted by your browser in this context will not be merged with other Google data. We have also added the code “anonymizeIP” to Google Analytics on this website. This ensures that all data is collected anonymously. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
In the case of Google Analytics, Google uses the data on our behalf to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage.
When transferring data to a third country outside the EEA, Switzerland or the UK, Google uses so-called standard contractual clauses to ensure a level of data protection that complies with Swiss data protection law.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Instructions on how you can prevent the processing of your data by the web analysis service can be found here.
Further information: You can find Google’s privacy policy and the standard contractual clauses used by Google for data transfers to a third country here.

6. data transfer and data transmission abroad

Within the scope of our business activities and the purposes set out in para. 3, to the extent permitted and deemed appropriate, we also pass on data to third parties, either because they process it for us or because they wish to use it for their own purposes. This involves the following categories of recipients:

Service providers of ours, including contract processors (such as IT providers, IT maintenance);
Dealers, suppliers, subcontractors and other business partners;
Customers;
Domestic and foreign authorities, official bodies or courts;
Industry organizations, associations, organizations and other bodies;
other parties in potential or actual legal proceedings;

All hereinafter referred to as “recipient”.

Some of these recipients are in Germany, but they can also be anywhere in the world. If we transfer data to a country without adequate legal data protection, we ensure an adequate level of protection as provided for by law by using appropriate contracts (e.g. by means of standard data protection clauses or relying on the legal exceptions of consent to the execution of the contract, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. You can request a copy of the above-mentioned data at any time from the contact person named under para. 1 for a copy of the contractual guarantees mentioned, unless already stated above. However, we reserve the right to redact copies for reasons of data protection or confidentiality or to provide only excerpts.

7. duration of storage of personal data

We process and store your personal data for as long as is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing. This means, for example, for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our foundation and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. Shorter retention periods of twelve months or less generally apply to operational data (e.g. system protocols, logs).

8. data security

We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse, such as internal data protection guidelines, internal training, IT and network security solutions, access and access controls and restrictions, encryption of data carriers and transmissions, as well as regular checks.

9. obligation to provide personal data

As part of our business relationship, the personal data required for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations must be provided (there is generally no legal obligation to provide us with data). Without this data, we will generally not be able to conclude or execute certain contracts

10 Automated decisions

As a matter of principle, we do not use fully automated decision-making to establish and conduct the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.

11 Rights of the data subject

You have the right to information, correction, deletion, the right to restriction of data processing and otherwise to object to our data processing and to the disclosure of certain personal data for the purpose of transfer to another body (so-called data portability) within the scope of the data protection law applicable to you and to the extent provided for therein. Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to invoke this) or if you need it to assert claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in para. 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated. The exercise of such rights generally requires that you provide clear proof of your identity (e.g. a copy of your ID where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in para. 1 above.

12. changes

We may amend this Privacy Policy at any time without prior notice. The current version published on our website shall apply. If the Privacy Policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

13th version

This Data Protection Policy comes into force on September 1, 2023 and may be amended at any time by the management of Avanea AG.