Data protection and security

This privacy policy applies to any processing of personal data of the activities described below.

In our General Terms of Use for the Website you will find information about the use of our website.

SwissCaution is responsible for the processing of your personal data in connection with the provision and use of our insurance services in accordance with applicable data protection legislation:

SC, SwissCaution SA, Chemin de la Redoute 54, 1260 Nyon

SwissCaution is a Swiss Mobiliar Cooperative company (hereinafter "Mobiliar Group").

If you have any questions regarding data protection, please contact us at the following address:

SC, SwissCaution SA
Qualitäts- und Feedbackmanagement
Betreff: Datenschutz
Chemin de la Redoute 54
1260 Nyon
E-Mail: legal@swisscaution.ch

The provision of certain personal data is indispensable for the fulfillment of SwissCaution's contractual services or legal obligations. If you do not wish to provide us with personal data, we may therefore not be able to fulfill our contractual services. Furthermore, please be aware of your rights according to section 14.

a. General

In particular, the following categories of personal data, disclosed by you or by third parties, obtained from public sources or resulting from the execution of the contract, may be processed by SwissCaution:

• Information on the insured person and/or the contractual partner (tenant) or on contact persons and employees of the contractual partner, e.g., name, address, date of birth, gender, nationality, language region, household type, creditworthiness data and, if applicable, the relationship to other persons and companies;
• Information on third parties, e.g., information on the person of your landlord (beneficiary) or his representative;
• Data from applications and questionnaires, such as applicant's lease information, answers to questions such as household size, information about your family and financial situation;
• Data from leases, such as contracting parties, tenant community and subtenants, contract duration, services, data from existing and previous contracts;
• Financial and collection data, such as, in particular, bank details for processing subsequent payments (e.g., account number, credit card data), date and amount of premium payments, pension income data, premium arrears, reminders;
• Any payments of the rental guarantee amount to the landlord, enforcement of claims and data from debt collection proceedings and court proceedings.

b. Personal data requiring special protection

In exceptional cases, personal data requiring special protection (also "special categories of personal data") may be processed for the purpose of checking applications and providing contractual services. This may be health data, biometric data or data on religious, ideological or political views or activities. These personal data are processed, for example, for the purpose of risk assessment in the context of the conclusion of the contract, the provision of contractual services or in order to enforce any resulting legal claims of SwissCaution. The processing of this data is carried out in order to initiate and execute a contract. If required by the applicable data protection legislation, your consent will be obtained in advance.

c. Landlord (beneficiary)

If you are listed as the landlord or as the landlord's contact person in the context of a rental guarantee insurance policy, we will process, in particular, information about you (e.g. surname, first name, date of birth), your bank details for the payment of any insurance benefits and your contact details (e.g. telephone number, address) for the purpose of checking and paying out insurance benefits.

a. In general

SwissCaution processes your personal data insofar as it is required for the initiation, fulfillment and execution of the (preliminary) contract. Your data may also be processed for the following purposes, in compliance with the applicable legal requirements:

• Initiation of the contract, including through insurance brokers
• Execution of the (preliminary) contract
• Verification of solvency, risk clarification and credit assessment
• Collection of claims
• Settlement of claims
• Customer care as well as general communication with tenants, landlords and involved third parties
• Documentation of business relationships (existing and/or future)
• Calculation and estimation of premiums and fees
• Assessment of insurance risks
• Evaluation of data and keeping of statistics
• Optimization and new development of products and processes
• Ensuring compliance with legal, regulatory and internal requirements
• Combating misconduct, abuse, malfeasance, and crime (e.g., insurance fraud)
• Internal quality control, training and security purposes (e.g., recorded telephone calls)
• Protection of persons, systems and business premises of SwissCaution (e.g., via video surveillance)
• Participation and involvement in judicial or administrative proceedings

b. Marketing

“Marketing" refers to all activities of SwissCaution aimed at attracting potential clients or developing existing client relationships by analyzing their needs and behavior and offering existing products or developing new products and services of SwissCaution and the Mobiliar Group, even in a non-insurance context. This also includes measures to maintain customer relations with existing customers. This includes the analysis of your data, which we process within the framework of the execution of the contract, also with regard to non-insurance products and services of companies of the Mobiliar Group, as well as the subsequent marketing measures. You may object to this data processing at any time in accordance with section 14.3.

In order to address existing and potential customers with marketing activities that could be of particular interest to them, we process not only the name and contact details but also other data that help us to determine or personalize the group of addressees, the content and the dispatch of marketing communications. We also use data from the analysis of existing contracts, from customer contacts, from other interactions with us (e.g., usage behavior on websites) and from other sources, including public sources. For this purpose, we may also perform profiling (section 5.c.).

Marketing activities are carried out based on the legitimate interest of SwissCaution and the Mobiliar Group or, where required, with your consent.

c. Profiling and automated individual decision-making

Profiling is the automated processing of personal data in order to analyze or predict certain personal aspects or behavior. This makes it possible, for example, to provide customers with more individualized support and advice or to better tailor offers to individual customer needs. Profiling may be used for marketing purposes to target only those individuals who may be interested by the advertisement.

Automated individual decisions are decisions that are fully automated, i.e., without relevant human influence, and that have legal effects on you or significantly affect you. As a rule, we do not carry out automated individual decisions. We will inform you separately if we use automated individual decisions in exceptional cases. In such a case, you will have the possibility, under certain conditions, to have the decision reviewed by a SwissCaution employee.

d. Prevention of insurance fraud

For various reasons, benefits may be awarded to which the recipient is in principle not entitled. If there are concrete indications of insurance fraud, these cases are investigated. The purpose of preventing fraud is to protect the insurance collective and to safeguard the level of premiums. For this purpose, personal data resulting from the insurance contract may be processed.

Furthermore, SwissCaution may obtain personal information from third parties or pass it on to third parties for this purpose.

The prevention of insurance fraud is based on the legitimate interest of SwissCaution and the Mobiliar Group.

e. Recording of telephone conversations

SwissCaution is entitled to make telephone recordings, in particular for the purposes of quality assurance and training.

The processing of your personal data is centered on the following legal bases:

• For the fulfillment of a contract with you or for the intention to conclude a contract with you
• To protect our legitimate interests (e.g., protection and security of our services, systems and assets, compliance with legal, regulatory and contractual obligations, assertion, exercise or defense of legal claims, maintenance and efficient organization of business operations, improvement and development of our services, and sale and marketing of our services)
• Your consent (e.g., when you sign up for our newsletter and other marketing communications)
• To comply with a legal obligation (e.g., for tax purposes or for the purpose of judicial investigations or proceedings).

If the processing is based on your consent or our legitimate interests, you can revoke your consent or object to this processing at any time by contacting us directly (legal@swisscaution.ch). Please note, however, that the revocation of your consent does not affect the lawfulness of the processing based on the consent prior to its revocation.

The personal data processed by SwissCaution originate primarily from you personally (e.g., when concluding a contract). However, personal data may be supplemented or matched with personal and non-personal information from publicly available sources (e.g., the Internet, government offices, financial institutions, credit agencies). For certain purposes (e.g., claims settlement), personal data and other information may also be collected from other parties and their insurance companies. Furthermore, personal data may also be collected by companies of the Mobiliar Group (insurance and non-insurance companies), associated companies and cooperation partners and compared with existing data, subject to compliance with the applicable legal requirements. This also includes data on the use of their websites.

The purpose of this is, for example, to check the accuracy of existing data in order to ensure optimum data quality, to check applications (e.g. for risk clarification), to provide contractual services (e.g. for the settlement of claims), to detect and prevent possible insurance fraud and generally to optimize processes and for marketing purposes (section 5.b.). For this purpose, the categories of personal data mentioned in section 4 above may be obtained.

Under certain circumstances, it may also be necessary for SwissCaution or its service providers to consult with third parties (e.g., with the competent authorities), e.g. for the purpose of risk assessment in the context of the conclusion of the contract, for the purpose of checking the insurance coverage, as well as in the context of claim handling. If required, these third parties will be released from their confidentiality obligation towards SwissCaution by the concerned party. The release from the obligation to maintain confidentiality is usually granted during the claim handling process or the conclusion of the contract. This release is mandatory for the provision of the contractual services.

A recipient of data is anyone to whom personal data is transmitted or made accessible. This may be service providers who process data on behalf of SwissCaution or third parties who process personal data for their own or joint purposes.

Service providers (e.g., for IT solutions) may, under certain circumstances, process personal data on behalf of SwissCaution as so-called order processors. They are contractually bound to comply with the currently applicable data protection legislation and to maintain secrecy and confidentiality. They may only process the data for predetermined purposes, i.e., not for their own purposes.

Personal data may also be disclosed to third parties who process the data on behalf of SwissCaution or for their own purposes. We may disclose your Personal Data to the following possible categories of recipients within the scope of the purposes and legal bases of processing described above, if required for the intended data processing:

• Other service providers and auxiliary persons (e.g., lawyers).
• Landlords, subtenants and other involved parties
• Insurance agents and other contractual partners
• Credit agencies and other information providers (e.g., credit checks)
• Collection agencies (e.g., for credit checks and collection of outstanding debts)
• Other parties involved in an incident (e.g., claims)
• Experts and other agents of SwissCaution in the context of an investigation
• Authorities, official bodies, courts or other state institutions
• Other parties in potential or actual official proceedings

Your personal data may also be disclosed to other companies of the Mobiliar Group, including the companies and general agencies of the Mobiliar Group and its subsidiaries and processed by them for the following purposes:

• Preparation of an offer
• Processing of a claim
• Examination of risks, for the determination of premiums and for marketing and statistical purposes
• Preventing fraud
• Implementation of marketing measures, e.g., sales promotion by newsletter, telephone, online advertising
• Analysis of usage data and profiling for marketing purposes
• Conducting market research, analyses and surveys as well as for statistical purposes
• Targeted design and improvement of services and offers within the Mobiliar Group

SwissCaution is authorized to enrich the data with data from third party sources before transmitting them to the companies of the Mobiliar Group. The companies of the Mobiliar Group, for their part, are authorized to transmit this data to their subsidiaries in which they hold a majority stake, which may process the transmitted data for the same purposes as those for which the companies of the Mobiliar Group are authorized.

We generally store your personal data within the European Economic Area (EEA) or in Switzerland. In addition, we may transfer, store and process your personal data at locations around the world, for example, at locations of our contract processors, other service providers or other recipients in accordance with Section 9. Therefore, we may also transfer your personal data outside the EEA if this is necessary for the data processing described in this Privacy Policy in accordance with the applicable data protection legislation.

If data is transferred to countries that do not ensure an adequate level of protection according to the competent data protection authorities, we will ensure adequate data protection by taking appropriate security precautions, such as contractual guarantees (e.g. based on EU standard clauses adapted to Switzerland), or by relying on a statutory exemption, e.g. your explicit consent, or if the transfer is directly related to the conclusion or performance of a contract with you or is required for the establishment, exercise or enforcement of legal claims. For more information about our appropriate security measures, please contact us by email at legal@swisscaution.ch.

SwissCaution processes your personal data as long as it is required for the fulfillment of the above-mentioned purposes. Afterwards, your personal data will be deleted or anonymized. However, your personal data may continue to be processed beyond this period, for example because of legal obligations to keep records or for the time during which claims can be asserted against SwissCaution. The storage period is mainly determined by the statutory limitation periods or by the period during which claims can be asserted against SwissCaution.

SwissCaution takes appropriate technical and organizational security measures to protect your personal data against manipulation, loss, destruction or access by unauthorized persons. These measures are based on international standards and are regularly reviewed and adapted if needed.

SwissCaution takes appropriate technical and organizational security measures to protect your personal data against manipulation, loss, destruction or access by unauthorized persons. These measures are based on international standards and are regularly reviewed and, if necessary, adapted.

When communicating electronically (e.g., via e-mail, SMS, messenger, social media), please note that those communications are generally not encrypted. Data can be intercepted and manipulated by third parties or lost. SwissCaution takes appropriate technical and organizational security measures to protect your data within SwissCaution's systems. However, your terminal equipment (computer, smartphone, etc.) as well as the transmission of information via the Internet is outside the security perimeter controllable by SwissCaution. It is your responsibility as a user of the Internet to inform yourself about the necessary security precautions and to take appropriate measures (e.g., up-to-date virus protection, etc.). Insofar as you do not communicate with SwissCaution via secure means of communication, you are aware of the risks associated with this means of communication. SwissCaution's liability is excluded in this framework, to the extent permitted by law.

Within the framework of the applicable data protection legislation, you may assert the following rights at any time and in general free of charge:

(1) Right of access
You have the right to request information about your personal data processed by SwissCaution. You may submit your request for information in writing, enclosing a copy of your identity card or passport, by mail to the address indicated in section 2.

(2) Right of rectification
SwissCaution makes every effort to keep your data as up-to-date and correct as possible. Should we nevertheless have stored incorrect personal data about you, we will be happy to correct it at your request.

(3) Right to object
You have the right to object, with immediate effect and for the future, to the processing of your personal data that is not strictly necessary for the execution of the contract, that does not have to be carried out on a legal basis or that is carried out without the existence of an overriding or legitimate interest on the part of SwissCaution.

(4) Right to deletion and restriction
You have the right to request the deletion or restriction of the processing of your personal data that is not strictly required for the execution of the contract, which is not processed on a legal basis (e.g., storage obligations) or without the existence of a legitimate interest for SwissCaution.

(5) Right to data transfer
Under certain conditions, you have the right to request that your personal data be transferred and/or released to another responsible party (e.g., another insurance company) in a standard electronic format.

(6) Further rights
In the event of a possible violation of your data protection rights, you may contact the competent data protection authority. The competent supervisory authority in Switzerland is:

Eidg. Datenschutz- und Öffentlichkeitsbeauftragter
Feldeggweg 1
3005 Bern, Schweiz

If we inform you of an automated decision (Section 5.c.), you have the right to express your point of view and request that the decision be reviewed by a natural person.

In addition, you also have the right to revoke consent insofar as our processing is based on your consent. A revo-cation of consent only applies to further processing and only if we cannot rely on any other legal basis for the further processing of the data concerned.

This data protection declaration is not part of the contract and can be adapted in accordance with the current legal provisions and the specific data processing.