Privacy Policy

1. Overview and scope
This Privacy Policy explains how and for which purposes the PensionClub association (hereinafter "we" or "PensionClub") processes your personal data (hereinafter "you"), which you provide to us or which we gather from you. This Privacy Policy is not comprehensive, where necessary other privacy policies or similar PensionClub documents regulate other specific issues per-taining to data protection. Insofar as and to the extent that you are interested in or receive offers from PensionClub cooperation partners, the gathering and processing of personal data is not through PensionClub but through the corresponding cooperation partner as per its privacy policy/ies. "Personal data" is all details and information pertaining to a specific or identifiable natural person.

2. Responsible party
PensionClub
Schosshaldenstrasse 85
3000 Bern

Phone: +41 58 733 04 40
E-mail: info@pensionclub.ch

3. Data origin and categories
As a rule, we process solely personal data which we receive or gather in the course of our business from our members, interested parties or visitors to our website. To the extent per-mitted, we also gather certain data from publicly accessible sources (e.g. debt enforcement register, land registry, commercial register, press, internet) or receive such data from other companies, authorities or other third parties (e.g. cooperation partners of the PensionClub, external consultants, brokers and asset managers, occupational benefits institutions or vest-ed benefits institutions). If you provide us with personal data relating to other persons (e.g. family members, data of work colleagues etc.), we ask you to ensure that these persons are familiar with this Privacy Policy and only provide us with their personal data if you have re-ceived their permission and when the personal data in question is correct.

The personal data processed by us or categories of personal data comprise, depending on the case, in particular personal details and contact data (e.g. name, address, gender, date of birth, OASI number, marital status, place of origin and/or nationality, telephone number and e-mail address); identification and background information (e.g. passport number, ID number, OASI number, language, date of birth, nationality, languages, gender, denomination); pension-related information (e.g. retirement assets, lump-sum withdrawals, purchases); contract data, which we receive or gather in relation to the initiation, conclusion and processing of contracts with you (e.g. from products and services you have requested or inquired about as well as related behavioral and transaction data, financial data for payment purposes such as bank account details); membership data, which we receive or gather from you in relation to joining the association or completing association membership or in relation to cancellation of membership (e.g. personal details and contact data, identification and background information, data related to taking decisions at general meetings, data and information from board members related to your activity as an association board member including adopted resolutions); communication data (e.g. name and contact details including postal address, e-mail address and telephone number, content of e-mails, written correspondence, contents of chat, social media posts, comments on websites, telephone conversations, video conferences, proof of identity, marginal data); preference and marketing data (e.g. data from the use of our website or other digital offers, data related to the marketing of products and services, such as newsletter registrations/deregistrations, received documents and special activities, personal preferences and interests); picture and sound recordings (e.g. photos, videos and sound recordings of general meetings, client events and functions, recordings by video monitoring systems, photos, videos and sound recordings of courses, presentations, training sessions as well as recordings of telephone and video conference calls); and technical data (e.g. IP address and other device IDs, identification numbers allocated to your device by cookies and similar technologies, e.g. pixel tags).

4. Purposes of processing and legal basis
4.1 General information related to our business operations
We process your personal data primarily as required for our association/business operations and the provision of our services. We thus process your personal data first and foremost for the following purposes:
-   to communicate with you, especially to provide you with information or deal with your requests, to authenticate and identify you, for customer service and customer support;

-   for contract processing, specifically in relation to the initiation, conclusion, and processing of contractual relationships. This includes all data processing tasks that are necessary or expedient to conclude, implement, and, where necessary, enforce a contract, e.g. taking steps to decide whether and how (e.g. with which payment options) we enter into a contract with you (including credit review) to provide contractually agreed services, e.g. provide services and complete operations (including personalized service components), to itemize our services as well as generally for accounting, enforcement of contractual legal claims (debt collection, legal proceedings, etc.);

-   to provide you with our products and services as well as our digital offers (e.g. website), and to evaluate and improve them, including market research, quality assurance, and training of our staff;

-   for customer support and for marketing purposes, e.g. to send you written and electronic messages and offers and to conduct marketing campaigns. These campaigns may involve our own offers or offers from our advertising partners. We can process your personal data automatically to an extent to assess specific personal details (profiling) or organize a preselection if you inquire about a product or service. We can use profiling in particular to give you targeted information about products and services;

-   in connection with accounting, archiving of data, and the management of our archives;

-   for security measures, namely for IT and building security (e.g. access controls, visitor lists, preemption, prevention, and investigation of cyber and malware attacks, network and mail scanners, video monitoring, telephone recordings), as well as for preventing and investigating criminal attacks and other misconduct, e.g. conducting internal inquiries, protection from misuse, providing evidence, data analyses to combat fraud, evaluating systemic recordings of the use of our systems (log data);

-   in connection with company transactions or other corporate law actions (e.g. due diligence, company sale, keeping share registers, etc.);

-   to enforce legal claims and to defend against legal disputes as well as official proceedings within and outside Switzerland, including investigating the prospects of legal proceedings and other legal, business-related, and other questions;

-   to comply with legal, regulatory (including self-regulation and industry standards) and internal requirements and rules within and outside Switzerland, including compliance with court orders or a regulatory authority as well as investigating business partners.

We process your personal data for the above purposes, depending on the situation, in particular based on the following legal bases:
-   the processing of personal data is required for the execution of association tasks and association membership or for the fulfillment of a contract with you or for precontractual measures;
-   you have given your consent to the processing of personal data pertaining to you;
-   the processing of personal data is required for the fulfillment of a legal obligation;
-   the processing is necessary to protect vital interests of the affected person or to protect another natural person; or
-   we have a legitimate interest in processing personal data, where our legitimate interests may include the following in particular – interest in: good member and customer support, maintaining contacts and communication with members and customers including outside of a contract; in advertising and marketing activities; to improve products and services and develop new ones; combat fraud and prevent and investigate offenses; to protect members and customers, employees, and other persons as well as our data, business secrets, and assets; to guarantee appropriate security (physical and digital); to ensure and organize the workings of the association/business, including company operations and the continued development of websites and other systems; company management and development; the sale and purchase of companies, parts of companies, and other assets; the enforcement or defense of legal claims; compliance with Swiss and foreign law as well as other regulations that are crucial for us.

4.2 When visiting our website
Every hit on our website generates a set of user information, which is stored in the server's log files. The collected information includes, among other data, the IP address, date and time of access, time zone difference to GMT, the name and URL of the accessed file, the website from where access originated, the browser used, as well as the operating system used. Recording this information is necessary for technical reasons to display our website and ensure its stability and security. This information is also gathered to improve the website and analyze how it is used.

4.2 For the provision of pension services
We may process your personal data in connection with the provision of our pension services for all purposes required in relation to occupational and private pensions, in particular for:
- reviewing, managing, and providing vested/pension benefits;
- reviewing and providing capital withdrawals (e.g. home ownership promotion, retirement, partial retirement);
- preparing and sending pension statements and tax certificates;
- pension adjustments in the event of divorce;
- voluntary purchases or repayments;
- reporting managed pension accounts to the Central Office for 2nd Pillar;
- anonymized statistical evaluations;
- exchanging personal data with the Central Compensation Office (CCO);
- exchanging exit data with the Foundation for the BVG Contingency Fund.

4.3 E-mails, telephone and video conference calls
You can contact us via the e-mail address and telephone numbers provided. Personal data transmitted by you to us is stored by us and used to respond to your request. If you contact us by e-mail, you authorize us to respond to you via the same channel. Please note that unencrypted e-mails are sent over the open internet, which means the possibility may not be discounted of their being visible, accessible and open to manipulation by third parties. We decline – to the extent permitted by law – all liability, particularly when it results from faulty transmission, false content or network disruption (interruptions, overload, illegal interventions, blocking) caused by you. Telephone and videoconference calls with us may be recorded; in which case we will inform you accordingly at the start of the call. If you would prefer us not to record these calls, you may interrupt the call at any time and contact us in another way (e-mail, for example).

4.4 Cookies
Our website can use cookies. Cookies are text files stored in the internet browser or by the internet browser in the user’s computer system or a mobile end device. The cookie contains a distinctive character sequence, which enables unique identification of the browser or mobile end device if you return to the website.

One purpose of using cookies is to make it easier for you to navigate our website. Some func-tions of our website are contingent on the use of cookies (technically necessary cookies). We also use cookies/tools to analyze user behavior on our website, namely range measurement.

4.4.1 Technically necessary cookies
Technically necessary cookies are indispensable to the functioning of our website. These cookies can therefore not be deactivated in our systems. They usually record important func-tions, for example the number of requests issued, the processing of your privacy settings or completion of forms. You can block these cookies in your browser, but that will render some parts of our website nonoperational.

4.4.2 Analytical and marketing cookies
The analytical cookies allow us to analyze user behavior and traffic sources, so we can meas-ure our website’s performance and improve the user experience. They help us determine how popular the different pages are and show how users navigate through our website.
Marketing cookies allow us to send you advertisements that are relevant to you. These cook-ies can remember that you visited our website and forward this information to other compa-nies, including other advertisers.
We specifically use the following analysis and marketing cookies:
-    Google Analytics of Google Ireland Ltd., Ireland (hereinafter "Google"). You can find the Google Analytics Privacy Policy here: https://policies.google.com/privacy?hl=de;
-   Google Remarketing from Google. You can find the Google Remarketing Privacy Policy here: https://policies.google.com/privacy?hl=de;
-   Google Optimize from Google. You can find the Google Optimize Privacy Policy here: https://policies.google.com/privacy?hl=de;
-   Google Tag Manager from Google. You can find the Google Tag Manager Privacy Policy here: https://policies.google.com/privacy?hl=de;
-   Google Ads Conversion Tracking from Google. You can find the Google Ads Conversion Tracking Privacy Policy here: https://policies.google.com/privacy?hl=de;
-   Google AdSense from Google. You can find the Google AdSense Privacy Policy here: https://policies.google.com/privacy?hl=de;
-   PageSense from Zoho Corporation, India (hereinafter "Zoho"). You can find the PageSense Privacy Policy here: https://www.zoho.com/privacy.html;
-   SalesIQ from Zoho. You can find the SalesIQ Privacy Policy here: https://www.zoho.com/privacy.html;
-   ZOHO Marketing Automation from Zoho. You can find the ZOHO Marketing Automation Pri-vacy Policy here: https://www.zoho.com/privacy.html.

You can oppose the use of cookies, by (i) by selecting the corresponding cookies in your brows-er, (ii) by using corresponding cookie blocker software (e.g. ghostery) or (iii) by downloading and installing the Google opt-out browser for cookies under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

4.5 Social media plug-ins
We can use the social media plug-ins in the following table on our website. In doing so, we use the double-click solution, whereby when visiting our website no personal data is initially forwarded to the plug-in providers. The plug-in provider only receives the information you have accessed on our website if you click the marked plug-in field. In addition, the data under 4.2 of this Privacy Policy is transmitted.
We have no influence on the data gathered or data-processing operations of the plug-in pro-viders. They are subject to the privacy policies of the third-party providers. You will find fur-ther information on the purpose and extent of the data gathering and its processing by the plug-in providers in the following privacy policies of these providers.

5.1 Bekanntgabe von Personendaten an Empfänger
Transfer of personal data to recipients In addition to the data transmissions to recipients specifically named in this privacy policy, we can transfer personal data, to the extent allowed, to the following categories of recipients:
- companies and foundations of Liberty Vorsorge (e.g. Liberty Foundation for vested pen-sion benefits, Liberty Vorsorge AG, Schwyz);
- providers to whom we have outsourced certain services (e.g. IT and hosting providers, advertising and marketing services, business management, incl. accounting and/or asset management, debt enforcement services, photographs, payment service providers, banks, insurers etc.) as well as other suppliers and subcontractors;
- consulting service providers, e.g. tax advisors, lawyers, management consultants;
- cooperation partners of the PensionClub, e.g. retirement savings/vested benefits founda-tions, banks, asset managers, consultants, brokers, trading companies;
- authorized representatives;
- third-party providers of software applications, to the extent that they are used by associa-tion members/policyholders in connection with the services on offer;
- third parties who gather data about you via the website;
- interested buyers or investors in the event of corporate transactions or other actions un-der company law;
- auditors;
- in- und ausländische Behörden, Amtsstellen oder Gerichte.

5.2 Transfer of personal data cross-border
As a rule, we process your personal data in Switzerland. In exceptional cases, however, your personal data may also be transferred abroad (for example when certain service providers are involved or certain software applications are used), mainly to European Union or EFTA mem-ber states, but also possibly to other countries across the world, especially the USA (particu-larly with regard to cookies, social media plug-ins and other software applications from third-party providers).

If we transfer data to a country without appropriate data protection laws, we ensure an ade-quate level of protection as required by law by organizing the requisite contracts (namely on the basis of standard contract clauses of the European Commission) to ensure an appropriate level of protection, or invoke the legal exemptions for approval, contract processing, the determination, exercise or enforcement of legal claims, overriding public interest, disclosed personal data or because it is necessary to protect the well-being of the persons affected. We nonetheless draw your attention to the fact that data transferred abroad is no longer pro-tected by Swiss law, and foreign laws as well as administrative orders may require the for-warding of this data to authorities or other third parties.

6. Storage period
We process and store your personal data as long as required for the fulfillment of our con-tractual and legal obligations or in any other way necessary for the purposes of the pro-cessing or to meet another legal requirement (e.g. legal storage periods). We retain personal data held by us due to a contractual relationship with you for at least as long as required under the contract and limitation periods for possible claims by us or obligatory contractual retention periods. Once your personal data is no longer required for the above purposes, it is gen-erally and as far as possible, set to passive, deleted or anonymous status.

7. Your rights
Within the scope of the applicable data protection law and to the extent stipulated therein, you have the right to information, notification, deletion, containment of data processing and objection to our data processing as well as the right to release some personal data for transmission to another entity (data portability). However, please note that we reserve the right on our part to enforce the legally required restrictions, for example when we are obliged to store or process certain data or have an overriding interest in it (to the extent that we are entitled to assert such interest) or to the extent required for enforcing claims. If any costs arise for you, we will inform you in advance.

Where data processing is subject to your consent, you may, having previously given your con-sent, revoke it at any time with future effect. The legality of the processing based on the ap-proval until revocation thereof is not affected as a result.

The exercise of such rights usually means you must unequivocally prove your identity (e.g. with a copy of your ID document, if your identity is otherwise not established or can be veri-fied). To assert your rights, you can contact us at the address given under point 2 of this Privacy Policy.

Every affected person also has the right to assert their claims legally or to submit a complaint to the responsible data protection authority. The responsible data protection authority in Switzer-land is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

8. Data security
We take appropriate security measures of a technical and organizational nature to uphold the security of your personal data, namely to protect you against unauthorized or illegal pro-cessing and the risk of loss, unintentional change, unwanted disclosure or unauthorized access. As with any other company, however, we cannot exclude the possibility of data secu-rity breaches as some residual risks are unavoidable. In the context of our security measures, we notably employ firewalls, logging and encryption measures, have at our disposal authori-zation concepts and have implemented further protective measures to ensure the maximum possible protection of your personal data.

9. Amendments to this Privacy Policy
Wir behalten uns ausdrücklich das Recht vor, die vorliegende We expressly reserve the right to amend this Privacy Policy at any time. If such amendments are made, we will immediately publish the amended Privacy Policy on our website. The Privacy Policy published on our website is always valid.

September 2024