Legal and privacy notices

Privacy Policy

This privacy policy applies to all personal data that we process in connection with the provision of extramandatory occupational benefits and related activities.

The purpose of this privacy policy is to inform you about how we collect and process your personal data in connection with the provision of our services.

1. Data controller

The Caisse de pensions des interprètes et traducteurs de conference [Pension Fund for Conference Interpreters and Translators] (CPIT) (the “Foundation” or “we“) is responsible for processing your personal data within the meaning of the Swiss Data Protection Act.

2. Data Subjects

This privacy policy applies to all individuals whose personal data we process, regardless of how the data were collected or how they are processed.

In particular, we collect personal data relating to the following categories of data subjects (the “Data Subjects“):

• active policyholders, pensioners and other beneficiaries;
• contact persons for the Foundation’s suppliers and partners (in particular, manager, reinsurer, authorities, bank, auditor, actuary);
• members of the Foundation Council;
• any other persons who contact us.
  

3. Types of Personal Data

The term “Personal Data” refers to all information relating to an identified person (e.g. first name, surname) or an identifiable person (e.g. AHV [Swiss social security] number).

The Personal Data that we process in accordance with this privacy policy relates to both insured persons and pension beneficiaries and to third parties, and may be collected by the Foundation directly from each person concerned or, in some cases, via external sources, either from publicly available information or from third parties.

When you send us Personal Data pertaining to third parties, you must (i) ensure that they are accurate, (ii) inform such third parties of the transfer of their Personal Data to the Foundation and (iii) provide them with a copy of this policy.

The Foundation may process the following categories of Personal Data in particular:

• personal information, such as surname, first name, marital status, gender, date of birth, postal and e-mail address, telephone number, AHV number, language, nationality, family information;
• professional details, such as date of election and appointment to the Foundation Council;
• banking details, such as bank identity;
• financial information, such as all information relating to revenues (salary, purchase of insurance years, entry conditions, personal benefit calculations, data relating to the promotion of home ownership) and taxes (including tax domicile);
• data relating to health, criminal convictions, welfare benefits.

Certain categories of Personal Data are considered sensitive from the point of view of data protection law. This is the case, for example, of data concerning health, criminal convictions and social welfare benefits. The Foundation processes sensitive Personal Data only in the context of extramandatory occupational benefits, in particular when processing disability cases.

4. Purpose of Personal Data processing and legal basis

Personal Data are processed primarily for the purpose of providing extramandatory occupational benefits in accordance with Articles 80 to 89a of the Swiss Civil Code (CC), Articles 331a to 331f of the Swiss Code of Obligations (CO), the Swiss Federal Act on Vesting in Pension Plans (FZG), the provisions of the Swiss Federal Act on Occupational Retirement, Survivors’ and Disability Pension Plans (BVG) to which Article 5 (2) BVG and Article 89a (6) CC refer, and the corresponding ordinances.

In the area of extramandatory pension schemes, the processing of your Personal Data is subject to the data protection provisions of the Swiss Data Protection Act (DPA).

The Foundation processes the Personal Data of Data Subjects:

• On the basis of extramandatory occupational benefits legislation

The Foundation processes the Personal Data of Data Subjects in accordance with the legislation on extramandatory occupational benefits, in particular in order to comply with:

• the requirements of occupational pension legislation concerning benefits and beneficiaries;
• the organizational and supervisory rules laid down by occupational pension legislation;
• liability and litigation rules.

• On the basis of the Foundation’s legitimate interests

In addition, the Foundation may process Personal Data in connection with its legitimate interests, in particular to improve the Foundation’s organization, services and internal processes.

• On the basis of the Data Subject’s consent

For all processing of Personal Data that cannot be based on the above purposes, the Foundation obtains the consent of the Data Subject.

The Data Subject acknowledges that, as long as he / she has authorized the Foundation to process his / her Personal Data for certain purposes, the processing in question is lawful, on the basis of his / her consent. The Data Subject may withdraw his / her consent at any time. However, his / her consent remains valid for any processing of Personal Data carried out prior to the withdrawal of his / her consent. Furthermore, withdrawal of consent may prevent the Foundation from providing certain services to the Data Subject.

5. Communication of Personal Data to third parties

• Principle of non-transmission

Your Personal Data will not be retransmitted, sold or communicated in any way whatsoever to third parties, unless so required to manage the membership or in the performance of our legal duties, or unless you have provided express authorization to that effect. We may also disclose Personal Data to third parties if obliged to do so by law or by legally binding court orders.

We do not pass on information about your health or about transactions such as purchases of insurance years or withdrawals to your employer.

• Extramandatory benefits, divorces, disputes between heirs, address checks, credit checks and debt collection

We may exchange Personal Data with, for example, vested benefit institutions, other pension schemes, public authorities and agencies (e.g. social insurance agencies, in particular disability insurance or social welfare agencies), other insurers, service providers and medical experts, banks and lenders, courts and external lawyers in connection with a benefit that has been notified or is claimed and in connection with other pension benefits such as the transfer or payment of termination benefits. We may also collect Personal Data from third parties and pass them on, for example, to doctors and other service providers, experts, authorities, courts, information providers and lawyers (coordination of benefit obligations, clarification and exercise of rights of appeal). In particular, in the event of divorce or disputes between heirs, we disclose Personal Data to courts, other pension institutions or vested benefit institutions.

In addition, we may disclose Personal Data to third parties concerning, for example, claims or debtor behaviour, for credit checks and for the purposes of debt collection.

• Disclosure of Personal Data to external service providers

Our external service providers are obliged to take appropriate data security measures and, in the case of their subcontractors, to process Personal Data strictly in accordance with our instructions. We ensure that the protection of your Personal Data is guaranteed throughout the entire process by carefully selecting our service providers and by means of appropriate contractual provisions.

6. Transmission of Personal Data abroad

Your Personal Data may be communicated outside Switzerland to the persons mentioned in Section 5 above. If Personal Data are transferred to a country which does not offer an adequate level of protection within the meaning of Swiss data protection legislation, the Foundation will ensure that appropriate technical, organizational and legal personal data-protection safeguards are in place, for example, by including standard clauses approved by the European Commission and the Swiss Federal Data Protection and Information Commissioner (FDPIC) in contracts with the entities concerned. Data may be transferred to the countries in which the servers used by the Foundation Council members’ e-mail services are located (EU, USA, Chile, Taiwan, Singapore and Japan).

In the event that it communicates Personal Data to foreign authorities, the Foundation complies with the applicable legal requirements concerning international mutual assistance and the direct transmission of non-public information to foreign authorities and services.

7. Duration of processing and storage of Personal Data

The period during which Personal Data are stored depends on the applicable legal and regulatory retention period and on the purpose for which the Personal Data are processed. In particular, the following rules apply:

• When extramandatory pension benefits are paid out, the Foundation is obliged to keep the documents for 10 years from the end of the entitlement to benefits;
• If no extramandatory pension benefits are paid out, the Foundation retains the Personal Data until the insured person has reached or would have reached the age of 100;
• A longer retention period may be justified in particular to enable the Foundation to establish facts, exercise rights or defend itself against a current or future claim, or deal with an investigation by a public authority, in Switzerland or abroad.

8. Profiling and automated decision-making

The Personal Data are not subject to automated decision-making and no personality profiles are established (no profiling).

9. Rights of the Data Subject

With regard to your Personal Data, you have the following rights:

• The right of access to your Personal Data;
• The right to have inaccurate or incomplete Personal Data corrected;
• The right to request that your Personal Data are deleted or destroyed if they are not (or are no longer) required for the execution of your extramandatory pension scheme; the right to deletion of Personal Data is not absolute, however, and may be restricted based on overriding interests that require the continued processing of Personal Data;
• The right to request the restriction of the processing of your Personal Data, insofar as they are not (or are no longer) necessary for the execution of the extramandatory occupational pension scheme;
• The right to obtain any of your Personal Data that we have processed automatically and which were collected with your consent, in a structured, commonly used and machine-readable format;
• The right to withdraw your consent where it is the basis for the processing of your Personal Data, with effect for the future (subject to Section 4.3).

The rights stated above may be limited or precluded if there is any doubt as to the identity of the Data Subject or if it is necessary to do so for the protection of other persons, to safeguard interests worthy of protection or to comply with legal obligations.

You also have the right to lodge an appeal with the Swiss Federal Data Protection and Information Commissioner (FDPIC) if you are concerned that your Personal Data are not being processed in accordance with the law.

10. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time and without prior notice.

11. Contact

If you have any questions about this Privacy Policy or the processing of your Personal Data, you can contact us electronically at the following address:

cpit@slps.ch
Nicole Dettwyler
Caisse de pensions des interprètes et traducteurs de conférence (CPIT)
c/o Swiss Life Pension Services, Swiss Life SA
Avenue de Rumine 13
PO Box 1260
1001 Lausanne

Status: September 2023