Last updated: September 2023
The Pillar 3 pension foundation of Zürcher Kantonalbank and the Vested Benefits Foundation of Zürcher Kantonalbank (hereinafter the “Foundations”) are also committed to an open, transparent and customer-friendly approach when it comes to the issue of data protection. By “personal data”, the Foundations mean information that relates to an identified or identifiable natural person. The Foundations interpret “processing” as referring to any handling of personal data, irrespective of the means and methods used; it particularly refers to the collection, storage, use, adaptation, publication, archiving or destruction of personal data.
Section 6 of the January 2022 version of the General Terms and Conditions (GTC) of Business of the respective foundation contains general information about data protection, in particular in connection with the performance of contracts.
The Foundations are particularly bound by its duty of confidentiality and data protection law to protect your privacy in line with the applicable laws. To this end, the Foundations take numerous precautions such as the implementation of technical and organisational security measures (for example, the use of firewalls and personal passwords as well as encryption and authentication technologies, access restrictions and awareness-raising and training for employees).
The Foundations can process the following categories of personal data, depending on which products and services they provide for you. In doing so, the Foundations will process the minimum amount of personal data necessary.
The Foundations process the personal data of former, existing and potential pension fund members (or interested). These include the following in particular:
The Foundations processe data relating to visitors (i.e. those who visit Zürcher Kantonalbank branches or the websites of Zürcher Kantonalbank or the Foundations in particular). The Foundations consider this to mean the following data in particular:
The period for which personal data is stored is determined according to statutory retention obligations and the purpose for which the data in question are processed.
As a rule, the Foundations stores personal data for the duration of the business relationship or term of the contract and then for a further ten years or more (depending on the applicable legal basis). This corresponds to the interval of time within which legal claims can be brought against the Foundations. Current or anticipated legal or supervisory authority proceedings can lead to data being stored beyond this period.
The Foundations can process the personal data described under section 2.1 in connection with the provision of its own services as well as for its own purposes or those required by law. These include the following in particular:
In order to fulfil the purposes set out in section 2.3, the Foundations can collect personal data originating from the following sources:
Depending on which products and services the Foundations may provide for you or the purpose for which the personal data are processed, the data processing is carried out on the following basis:
* Consent obtained for other reasons, for example due to the provision on the duty of confidentiality according to Article 86 of the Federal Law
on Occupational Retirement, Survivors‘ and Disability Pension Plans (BVG / LPP), is not affected by this section.
If personal data processed by the Foundations are necessary in order to fulfil statutory or regulatory obligations or for the conclusion or performance of a contract or the commencement of a business relationship with you, it may be the case that the Foundations cannot accept you as a pension fund member or cannot provide you with products or services if the Foundations are unable to process this personal data. In this case, the Foundations will inform you accordingly.
The Foundations also reserve the right in future to analyse and evaluate pension fund members’ data (including data of affected third parties, see section 2.1) in automated form in order to recognise key personal characteristics of the pension fund member or predict developments and
create customer profiles. These are particularly used for business reviews and processing reviews (e.g. when determining an investment strategy, risk profiles, combating money laundering, malpractice and fraud and IT security) and to provide individual consultations as well as offers and information (e.g. marketing, product development and improvement, so that you only receive products and services which match your interests) that the Foundations and the Zürcher Kantonalbank Group companies may make available to the member of the pension fund.
Customer profiles may in the future also lead to automated individual decisions, for example in order to accept and execute orders submitted by the pension fund member in eBanking by automated means.
The Foundations will ensure that a suitable contact person is available if the pension fund member wishes to discuss an individual automated decision; this opportunity of expression is provided for by law.
Within the Foundations and Zürcher Kantonalbank, which is entrusted with the management of the Foundations, access to your personal data will only be granted to those departments requiring them for the conclusion or performance of a contract or the commencement of a business
relationship in order to fulfil statutory or regulatory obligations or perform duties in the public interest.
The Foundations only disclose pension fund members’ data to third parties in the following cases – depending on the nature of the products and services used:
Contract processors are third parties who process personal data on behalf of and for the purposes of the Foundations, for example IT, marketing, market research, sales or communication service providers, logistics companies, printing services providers, financial services providers,
collection agencies, fraud prevention agencies, information and cybersecurity service providers or consulting firms. If personal data is communicated to such contract processors, they may only process the received personal data in the same way as the Foundations itself. The Foundations select their contract processors carefully and place them under a contractual obligation to guarantee confidentiality and professional secrecy in Switzerland as well as the security of the personal data.
Where data is disclosed will depend on the type of product or service used. The Foundations issue, return and hold securities on behalf of the client. In this context, foreign law and contractual provisions may require that the Foundations or Zürcher Kantonalbank, which has been commissioned by the Foundations with their management, disclose who they are working for. This may result in the Foundations or Zürcher Kantonalbank,
where the Foundations have entrusted it with their management, having to disclose certain persons, information and documents to authorities and companies either abroad or in Switzerland. It should be noted here that settlement and custody may take place in third countries. Disclosure requirements vary from country to country. In addition, new disclosure requirements may arise or existing requirements may be adjusted at any
time. Further information on the place of disclosure of personal data in connection with securities has already been provided to you (cf. General Terms and Conditions).
If in exceptional circumstances, personal data is disclosed in countries with an insufficient level of data protection, the Foundations require the recipient to comply with an adequate level of data protection by concluding recognised standard contractual clauses or the Foundations will
make use of a statutory exemption (e.g. concluding or performing a contract, safeguarding of overriding public interests, enforcing legal claims, and your consent). The Foundations can provide you with a copy of the standard contractual clauses free of charge.
You have the right to information, rectification, erasure, restriction, objection, as well as – where applicable – the right to data portability. In addition, you have the right to lodge a complaint with a competent data protection supervisory authority (see section 5).
The Pillar 3 pension foundation of Zürcher Kantonalbank or the Vested Benefits Foundation of Zürcher Kantonalbank accept information requests in writing together with a clearly legible copy of a valid official identity document (for example, a passport, identity card or driving licence). The contact details can be found in section 5.
The right to erasure and the right to object are not unlimited rights. Depending on the individual case, overriding interests may necessitate further processing. The Foundations will examine each individual case and notify you of the result. If personal data are processed for the purpose of direct marketing, your right to object also extends to direct marketing, including profiling for marketing purposes. You can lodge an objection to direct marketing at any time by sending the Foundations a notification to this effect (see section 5).
You can always revoke any consent you may have given to the Foundations to process personal data. Please note that such a withdrawal of consent only has effect for the future. Processing which took place prior to withdrawal of consent is not affected.
If the Foundations fail to meet your expectations with respect to the processing of personal data, if you wish to complain about the Foundation’s data protection practices or if you wish to exercise your rights, please notify the Foundations of this (see section 5). This will give the Foundations the opportunity to address your concerns and make improvements, if need be. In order to assist the Foundations in responding to your enquiry, please provide the relevant details in your notification. The Foundations will look into your concerns and reply within an appropriate period of time.
The Foundations are obliged to process the personal data accurately and keep it up to date. Please notify the Foundations of any changes to your personal data.
The Foundations are responsible for the processing of personal data:
Vorsorgestiftung Sparen 3 der Zürcher Kantonalbank
Freizügigkeitsstiftung der Zürcher Kantonalbank
You can address general questions, suggestions and comments to your account manager or customer support.
You can address further questions in connection with data protection at the following addresses:
Vorsorgestiftung Sparen 3 der Zürcher Kantonalbank, Datenschutz, Postfach, 8010 Zürich or
Freizügigkeitsstiftung der Zürcher Kantonalbank, Datenschutz, Postfach, 8010 Zürich
If you are not satisfied with the Foundation’s response, you have the right to lodge a complaint with the data protection authority.
such amendments, you will be informed in an appropriate manner depending on how the Foundations usually communicate
with you, for example via the website zkb.ch.
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