Pension Fund Data Privacy Policy

This is a courtesy translation only.
The German version of the Data Privacy Policy is legally binding. 

1. Principle

The data protection declaration applies to the processing of all personal data that we process in connection with the implementation of the retirement plan scheme and related activities.

This privacy statement informs you about how we collect and process your personal data when you visit our website or use our online services, and how we process, store and pass it on to third parties when we provide services to you.

We collect and process your personal data only for the purposes described in this privacy policy and only to the extent necessary for this purpose and within the scope of the applicable legal provisions. We only retain your personal data to the extent and for as long as it is required for the provision of our services. We guarantee the protection of our databases against unauthorised access, loss, misuse or falsification.

To maintain the security of your personal data and to protect it against unauthorised or unlawful processing and unauthorised access, we take appropriate security measures of a technical nature (e.g. encryption and pseudonymisation of personal data, logging, access restrictions and storage of security copies) and of an organisational nature (e.g. instructions to our employees, confidentiality agreements and controls).

2. Data protection officer

The data controller for the processing of your personal data is Mr Christian Zumbach, member of the Foundation Board.

3. Addressees of the privacy policy

All persons whose personal data we process are affected by this data protection declaration. The type of contact is irrelevant.

Our data processing operations may in particular concern the following categories of persons, insofar as we process personal data in the process: insured persons, pensioners and their dependants, and other beneficiaries; former, current and future employers or their contact persons, family members and employees; authorised representatives (e.g. legal representatives); persons entitled to claim, liable persons and other persons involved; members of our bodies; contact persons of social security institutions (e.g. legal representatives); debtors, liable persons and other persons involved; members of our executive bodies; contact persons of social and private insurers, other pension funds and vested benefits institutions, suppliers and partners as well as authorities and offices; persons using other services from us; visitors to our websites and premises; and other persons contacting us.

4. Types of personal data

The personal data we process in accordance with this privacy statement relates both to insured persons and pensioners and to third parties. If you provide us with data about third parties, we assume that you are authorised to do so and that this data is correct. Please therefore inform these third parties about the processing of their data by us and provide them with a copy of this data protection declaration.

Certain types of personal data are considered "particularly worthy of protection" under data protection law, e.g. information on health and biometric characteristics. The Pension Fund Foundation of Kalaidos Education Group Switzerland only processes personal data requiring special protection in connection with the implementation of the retirement plan scheme, in particular when processing disability cases, and with your separate consent.

5. Data processing purpose and legal basis

Personal data is processed primarily for the purpose of implementing the retirement plan scheme (e.g. conclusion and processing of affiliation contracts with the employer, enrolment of insured persons, examination and processing of benefit cases including coordination with other insurers).

The legal basis is the legislation on retirement plans, in particular the Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans and the Federal Law on Vesting in Pension Plans and the associated ordinances. As a federal body within the legal meaning, we process your personal data in this area within the scope of our statutory processing powers. In the area of non-compulsory pension provision, our data processing is not subject to the data protection provisions of the retirement legislation, but to those of the Data Protection Act.

6. Transmission of personal data to third parties

6.1. Prohibition of the transfer of personal data to third parties

We do not disclose any data about your health or transactions, such as purchases or advance withdrawals to your employer.

Furthermore, your personal data will not be passed on to third parties, sold or otherwise transferred unless this is necessary for the purpose of processing the contract or for the fulfilment of our legal duties, or unless you have expressly consented to this. Furthermore, data may be transferred to third parties if we are legally obliged to do so due to statutory provisions or by enforceable official or court order.

6.2. Exceptionally disclosing personal data to third parties

Data of insured persons and pensioners in connection with the compulsory retirement plan scheme shall only be disclosed within the legal framework.

6.2.1. Pension cases, divorces, inheritance disputes, address check, credit check and debt collection

In connection with the notification and occurrence of an insured event and with other benefits such as a transfer or payment of the termination benefit, we may exchange data with, for example, vested benefits institutions, other pension funds, authorities and offices (e.g. social insurers such as, in particular, disability insurance or social welfare offices), other insurers, medical service providers and experts, banks and lenders, courts and external lawyers. Likewise, we may collect data from third parties and pass it on to them, e.g. to doctors and other service providers, to experts, to authorities, courts, respondents and lawyers (coordination of benefit obligations, clarification and enforcement of recourse claims). Especially in the case of divorces and inheritance disputes, we disclose personal data to courts and other pension or vested benefits institutions.

Furthermore, we may disclose personal data, e.g. on outstanding debts and payment history, to third parties for credit checks and debt collection purposes.

6.2.2. Disclosure of personal data to service providers as "order processors”

Our service providers are obliged to process personal data exclusively in accordance with our instructions and to take suitable precautions for data security. Through the selection of service providers and appropriate contractual agreements, we ensure that data protection is guaranteed throughout the processing of your personal data. This involves, for example, IT services (services for policyholder administration and data storage), the sending of e-mail newsletters, data analysis and refinement or consulting services.

7. Transmission of personal data abroad

If we transfer your personal data in individual cases to a country without an adequate level of data protection, we ensure the protection of your personal data in an adequate manner, e.g. by concluding data transfer agreements with the recipients of your personal data in third countries that ensure the required level of data protection (so-called standard contractual clauses, i.e. agreements that have been approved, issued or recognised by the European Commission and the Federal Data Protection and Information Commissioner). Exceptionally, the transfer to countries without adequate protection may also be permissible based on consent, in connection with legal proceedings abroad or if the transfer is necessary for the performance of a contract.

8. Duration of processing and storage (retention) of personal data

We process and store your personal data,

• as long as it is necessary for the respective purpose of the processing;
• as long as we have a legitimate interest in storing it (for the enforcement or defence of claims, for archiving purposes and to ensure IT security);
• as long as it is subject to a statutory retention obligation.
  
  

9. Profiling and automated decision-making

The personal data is not subject to automated decision-making and no personality profiles are created (no profiling).

10. Rights of the data subject

You have the following rights in relation to your personal data:

• a right to information about your personal data stored by us;
• the right to have inaccurate or incomplete personal data corrected;
• the right to request the deletion or anonymisation of your personal data if it is not (or no longer) required for the implementation of the retirement plan scheme;
• the right to request the restriction of the processing of your personal data insofar as the processing is not (or no longer) necessary for the implementation of the retirement plan scheme;
• the right to receive certain personal data in a structured, commonly used and machine-readable format;
• the right to revoke consent with effect for the future, insofar as processing is based on consent.

However, these rights can be restricted or excluded if there are doubts about the identity or if this is necessary to protect other persons, to safeguard interests worthy of protection or to comply with legal obligations.

You also have the option of lodging a complaint with the Federal Data Protection and Information Commissioner (FDPIC) if you are concerned that the processing of your personal data does not comply with the law.

11. Changes to this privacy policy

We reserve the right to amend this data protection declaration at any time without prior notice. In general, the current version of the data protection statement published on our website at the start of the processing in question applies to data processing.

12. Contact

If you have any questions about this privacy policy or the processing of your personal data, you can contact us.

Data Protection Officer:
Christian Zumbach, member of the Foundation Board, e-mail c.zumbach@kalaidos.ch

Data Protection Consultant:
Daniel Villoz, Deputy Managing Director, e-mail d.villoz@kalaidos.ch


Zurich, September 2023