Data Protection Statement

Under data protection law, responsibility for the processing of specific data lies with the private individual or federal body that determines whether the data should be processed, for what purpose and how the data processing is structured. For data processing in accordance with this data protection statement, the responsible body is the LOB Guarantee Fund and its Business Office.

This data protection statement applies to everyone whose data we process, irrespective of how they contact us, e.g. by phone, via our website, by e-mail or by post. It applies to both personal data that has already been collected and personal data we collect in the future. Furthermore, it applies to the processing of all personal data in connection with the performance of our statutory duties pursuant to article 56 et seq. LOB.

Our data processing may concern, in particular, the following categories of people, insofar as personal data is processed:

• persons insured with insolvent pension funds and collective insurance funds;
• relatives of insured persons (e.g. present and former spouses, life partners, parents and children) and other beneficiaries;
• authorised representatives (e.g. legal representatives, authorised service providers and third parties);
• insured persons entitled to credit balances of occupational pension funds;
• claimants, liable persons and other parties involved;
• members of our official bodies;
• contact persons at social and private insurance funds, other pension funds and vested benefits institutions, suppliers and partners, authorities and agencies;
• visitors to our website;
• persons who contact us.

For information on the collection and processing of personal data when using our website, especially information on cookies and similar technologies, please see our information on cookies (subsection 15.1).

"Personal data" is defined as any information that relates to an identified or identifiable natural person.

4.1 Master data
Master data is the basic data about you that we need to process our relationships. We process your master data, for example if you are an insured person or a person submitting an application, or a relative or beneficiary of an insured person or of an insured person entitled to a credit balance, or if you are a contact person at a pension fund or a member of one of our official bodies. We also collect master data on contact persons and representatives of institutions, organisations and authorities (social assistance authorities, cantonal authorities, civil and criminal courts, investigating authorities, debt enforcement offices, tax authorities, child and adult protection agencies, IV, OASI, supplementary benefit institutions).

Depending on the function in which you deal with us, your master data may comprise, for example:
your title, first name, surname, gender, date of birth, address, e-mail address, phone number or other contact data; marital status and date of marriage or divorce, age, gender, nationality and place of origin, identification details (e.g. from your passport, ID card or other identification documents), OASI number, foreign social insurance number, foreign tax identification number, details of relationship, contract, policy and insurance number, details of your pension fund or vested benefits institution, name of your employer, date of commencement/end of employment, personnel category, capacity to work, employment hours, whether your employment term is limited, reported and insured annual salary and annual LOB salary. This data also includes details of relationships to third parties affected by the data processing, e.g. relatives and beneficiaries.

4.2 Contract, case and benefits data
This data comprises personal data in connection with the provision of benefits in the event of insolvency, the acceptance of reporting data, the processing of benefits cases and the assertion of claims. This data includes, in particular:

• data relating to the processing of applications to secure insurance benefits in the event of insolvency;
• data relating to the assumption of benefits cases from insolvent insurance funds and the processing of such cases (e.g. reports of insured events, details of the reasons for benefits claims, such as an accident or illness, and the date of occurrence, data relating to examination of the benefits claim, details of other insurance and insured persons and on third parties such as persons involved, as well as particularly sensitive personal data (e.g. health data) and data on third parties (e.g. relating to incapacity to work or death of an involved party);
• data on termination or vested benefits
• in other cases, e.g. data relating to the disbursement of termination benefits (for example, details of the reason, data on accounts and vested benefits institutions, including where relevant, the consent of your spouse) or in connection with a change in your marital status (e.g. divorce date, accrued termination benefits, advance payments or invalidity benefits drawn and the related court judgements);
• details of mandatory social insurance in an EU or EFTA state;
• details relating to the conclusion of settlement agreements.

4.3 Financial data
Financial data is personal data relating to your financial situation, and to payments and debt collection. It includes data relating to payments and bank accounts, e.g. employer contributions, and the enforcement of debt collection, the purchase of pension benefits and disbursement of termination benefits and pensions. We also process the financial data of beneficiaries, e.g. data relating to pensions for surviving spouses, children and other beneficiaries or the disbursement of forgotten credit balances.

4.4 Communication data
If you contact us or we contact you, e.g. if you write to us or call us, we process the content of the communication and details of the method, time and place of communication. In certain situations, we may also ask you for evidence of identity. Communication data includes, for example, your name and contact details such as your postal address, e-mail address and phone number, the content of e-mails or other written correspondence, phone calls, etc.; evidence of identity such as copies of official identification documents and peripheral communication data.

4.5 Technical data
In connection with the use of our website, we collect certain technical data such as your IP address or device ID. This includes the logs in which we record the use of our systems (log data). We may sometimes assign a unique ID to your device (tablet, PC, smartphone, etc.), e.g. via cookies or similar technologies, so that we can recognise it in the future. You can find further information in the section on "Data protection statement regarding this website".

4.6 Other data
We also collect data relating to you in other situations. Data (such as files, evidence, etc.) that may relate to you is collected in connection with administrative or court cases or enquiries.

5.1 Data provided by you
You often disclose personal data yourself, e.g. when you transmit data to us or communicate with us. This may be by e-mail, post or by reporting data via a specific portal.

5.2 Data received
We receive personal data in connection with the performance of our statutory duties. We may receive such data from pension funds and vested benefits institutions, private individuals, authorised representatives, domestic or foreign authorities or other bodies. We may also receive data about you from other third parties, e.g. from people who communicate with us or public sources.
For example, we may obtain data about you from the following third parties:

• people connected to you who have power of attorney (members of your family, legal representatives, etc.);
• the Swiss Post Office and public agencies, e.g. to update addresses;
• company or commercial registers;
• banks and other financial service providers, private and social insurers, pension funds and vested benefits institutions;
• authorised service providers;
• public authorities, courts, parties involved or other third parties in connection with administrative and court proceedings;
• public registers such as the debt collection or commercial register, public authorities such as the Federal Statistical Office, the media or the internet.

The data that we process in accordance with this data protection statement does not relate solely to insured persons; it may also relate to third parties. If you transmit data to us about third parties, we assume that you are authorised to do so and that the data is correct. When providing data on third parties, you confirm that this is the case.

Personal data is processed primarily in order to perform our statutory duties (for further details, see the section headed "For whom and for what purpose is this data protection statement intended?").

We process personal data for related purposes, especially for the following purposes:

• Communication: We process personal data to communicate with you, e.g. to answer enquiries. For this purpose, we use, in particular, communication and master data and, depending on the subject of the communication, case and benefits data;
• Compliance with legal requirements: We create the conditions necessary to comply with the legal requirements. Therefore, we also process personal data in order to comply with legal obligations and to prevent and identify breaches of the law. This includes, for example, meeting information and reporting requirements, e.g. in connection with regulatory requirements, fulfilling archiving obligations and providing support for the prevention, detection and investigation of criminal offences and other breaches, including by accepting and processing complaints and other reports, monitoring communication, internal and external investigations and the disclosure of documents to an authority if we have a legitimate reason or legal obligation to do so. For these purposes we process, in particular, master, financial and communication data.
• Enforcement of our rights: We want to be able to enforce our claims and defend ourselves against claims by others. We therefore also process personal data to enforce our rights, e.g. to defend claims in court cases, pre-litigation and out-of-court proceedings, and with public authorities in Switzerland and, where necessary, other countries in order to defend ourselves against claims. Depending on the constellation, we process different types of personal data for such purposes, e.g. contact details and information about workflows that have given rise to a dispute or could do so.
• Other purposes: We may process personal data for other purposes, for example in connection with our internal workflows and administration. This includes archiving data and the management of our archives; training; forwarding enquiries to the responsible offices; general review and improvement of internal workflows.

The LOB Guarantee Fund processes personal data primarily to perform its statutory duties. Processing is governed, in particular by the Federal Act on Occupational Old Age, Survivors’ and Invalidity Pension Provision (LOB) and the Vested Benefits Act (VBA) and the related ordinances (e.g. GFO, VBO and OPO 2). As a federal body, we process your personal data in these areas within the framework of our statutory processing remit. For further information, see subsection 3 "For whom and for what purpose is this data protection statement intended?".

In accordance with our statutory duties and the data processing purposes outlined above, where it is permitted and appears expedient to us, we also disclose data to third parties, either because they work for us or for them to use for their own purposes. In particular, personal data may be disclosed to the following categories of recipients:

• disclosures in the processing of insolvencies;
• disclosures in the processing of benefits cases and the related clarifications;
• address checks, creditworthiness checks, debt collection;
• public authorities and institutions (in Switzerland and abroad);
• pension funds and vested benefits institutions;
• other persons, whose inclusion is derived from the purposes outlined above (e.g. recipients of a payment, authorised representatives, correspondent banks, other parties involved in a legal transaction).

Service providers: We may also forward personal data to companies from which we source services. Such service providers process the personal data on our behalf as "processors". Our processors are required to process personal data exclusively in accordance with our instructions and to take appropriate data security measures. We make sure that data protection is ensured at all times in the processing of your personal data through the selection of the service providers and suitable contractual agreements. Such services comprise, for example, IT services (such as services relating to the administration of insured persons and data storage), data analysis and data refinement.

For information on independent data collection by third-party providers whose tools are integrated into our website, please refer to our information on cookies.

We process personal data primarily in Switzerland.

In our function as a liaison office and the 2nd Pillar Central Office, we forward personal data to the responsible foreign authorities for processing. Personal data may also be disclosed to beneficiaries of forgotten credit balances outside of Switzerland.

Under data protection law, certain types of personal data are deemed to be "particularly sensitive", e.g. data on health and biometric identifiers. The LOB Guarantee Fund only processes particularly sensitive personal data insofar as is necessary in connection with the performance of its statutory duties.

We use appropriate technical and organisational measures to ensure the security of your personal data, to protect such data from unauthorised and unlawful processing and to minimise the risk of loss, unintentional modification, undesired disclosure and unauthorised access. However, breaches of data security cannot be ruled out entirely; certain residual risks are unavoidable.

We process and store personal data

• for as long as is necessary for the purpose for which the data is processed and claims can be asserted;
• as long as we have a legitimate interest in storing such data. In particular, this might be the case if we require personal data to enforce or defend against claims, for archiving purposes, or to ensure IT security;
• for the duration of any statutory retention period.

You have the right

• to obtain information on the personal data held by us;
• to have inaccurate or incomplete personal data corrected;
• to request the deletion or anonymisation of your personal data if it is not or no longer required for the performance of our statutory duties;
• to request the restriction of processing of your personal data to the extent that it no longer needs to be processed for the performance of our statutory duties;
• to receive certain personal data in a structured, commonly used and machine-readable format;
• to revoke your consent with effect for the future, if such processing is based on consent.

These rights may be restricted or excluded in individual cases, for example, if there are doubts about a person’s identity or if this is necessary to protect other people, to protect legitimate interests or to comply with statutory obligations.

You can exercise the rights outlined above by contacting us.

You are also entitled to submit a complaint to the competent supervisory authority if you are concerned about whether the processing of your personal data complies with the law. The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

If you have any questions about this data protection statement or the processing of your personal data, you can contact us at:
datenschutzberater.pkwhatever@libera.ch

15.1 Information on cookies
This website uses cookies. Cookies are small text files that make it possible to store specific, user-related information on the user’s device while the user is using the website. In particular, cookies make it possible to determine the frequency of use and number of users of our pages, to analyse patterns of page use and also to make our offering more user-friendly. Cookies are stored even after the browser session has ended and can be retrieved when you visit our website again. If you do not want this, you should set your internet browser to refuse cookies.

A general rejection of the use of cookies for online marketing purposes can be set for many services, especially tracking, via the US website www.aboutads.info/choices/ or the EU website www.youronlinechoices.com. In addition, storage of cookies can be prevented by deactivating this option in your browser settings. Please note that in this case not all functions of this online offering can be used.

15.2 SSL/TLS encryption
This website uses SSL/TLS encryption for security reasons and to protect confidential information such as enquiries that you send to us as the website operator. You can see that a connection is encrypted when the address bar in your browser changes from "http://" to "https://" and a padlock symbol is displayed in the address bar.

If SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

15.3 Server log files
The website provider automatically collects and stores information in server log files, which your browser automatically transmits to us. This information comprises:

• browser type and browser version
• operating system used
• referrer URL
• host name of the accessing computer
• time of server request

The data cannot be traced to a specific person. The data is not aggregated with other data sources. We reserve the right to retroactively check this data if we become aware of concrete indications of unlawful use.

15.4 Third-party service providers
This website may use Google Maps to embed maps, Google Invisible reCAPTCHA to provide protection against bots and spam, and YouTube to embed videos. These services of the US company Google LLC use cookies that transmit data to Google in the USA; we assume that no tracking of personal data is performed in this context simply by using our website.

Google has undertaken to guarantee appropriate data protection in accordance with the EU-US and Swiss-US Privacy Shield.

You can find further information in Google’s privacy policy.

15.5 Contact form
If you use the contact form to send enquiries to us, the information you enter in the contact form, including the contact details you provide, will be stored by us for the purpose of processing your enquiry and any follow-up questions you might have. We will not disclose such data to others without your express permission.

15.6 Use of Matomo
This website uses Matomo (formerly Piwik), an open-source software for statistical evaluation of visitors to the website. Matomo uses cookies, which are text files placed on your computer to help the website analyse how you use the site.

The information generated by the cookie on your use of the website is stored on a server in Germany.

The IP address is anonymised immediately after processing and before storage. You can block the installation of cookies by altering your browser settings. Please note that if you alter the settings, not all of the functions on this website may be available.

You can decide whether a web analysis cookie may be placed in your browser to enable the website operator to collect and analyse certain statistical data.

15.7 Copyright
Copyright and all other rights to content, images, photographs and other files on the website are exclusively the property of the website operator or of the specifically named owners. The prior written consent of the copyright owners must be obtained for any data reproduction.

Anyone who does not obtain the consent of the copyright owner and commits a breach of copyright may be liable to prosecution and claims for compensation may be enforced.

15.8 Disclaimer
All information on our website has been checked carefully. We endeavour to ensure that the information we provide is correct, complete and up to date. Nevertheless, errors cannot be excluded entirely, so we cannot accept any liability for the completeness, correctness and up-to-dateness of the information, including editorial and journalistic content. Liability claims relating to damages of a material or immaterial nature caused by the use or non-use of the information provided or the use of incorrect or incomplete information are excluded.

The publisher may alter or delete texts at its discretion and without prior notice and has no obligation to update the content of this website. Use of this website and access to it are at the user’s own risk. The publisher, its customers and partners are not responsible for any damage, such as direct, indirect, incidental or consequential damage that is allegedly caused by the use of this website and therefore do not accept any liability for such damage.

Furthermore, the publisher does not accept any responsibility or liability for the content and availability of third-party websites that can be accessed from this website via external links. The operators of the linked websites bear sole responsibility for their content. The publisher therefore expressly dissociates itself from all external content that may be considered relevant under criminal or liability law or deemed to be offensive.

The security of electronic correspondence cannot be guaranteed. If the LOB Guarantee Fund is contacted by e-mail, unless there is an explicit instruction to the contrary, this is deemed to constitute permission to reply by e-mail and to continue to communicate via electronic channels.

Furthermore, the LOB Guarantee Fund does not guarantee that e-mails will not be read or manipulated by third parties. The LOB Guarantee Fund rejects liability for incorrect data transmission or loss of data for which it is not responsible.

The LOB Guarantee Fund does not accept any liability for a timely response to e-mails. In particular, no claims on the LOB Guarantee Fund may be derived from technical or operational disruption of e-mail correspondence.

This data protection statement may be amended at any time, especially if we make changes to how we process data or if new legal provisions come into effect. Generally, the version of the data protection statement in force when processing of the relevant data starts shall apply to the data processing.

 © LOB Guarantee Fund
Exception: section 15; source: BrainBox Solutions