Privacy Statement.
Data protection information and Privacy Statement according to art. 13 of the
EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act
ePension Fund Europe (ASSEP)
2, rue Edward Steichen
L-2540 Luxembourg
Privacy Statement.
Data protection information and Privacy Statement according to art. 13 of the
EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act
ePension Fund Europe (ASSEP)
2, rue Edward Steichen
L-2540 Luxembourg
A. = General information
We are pleased about your visit to our website and would like you to feel comfortable and safe. Data protection is a matter of trust, your trust is important to us. The protection as well as the legally compliant collection, processing and use of your personal data is therefore important to us.
We undertake to comply with the EU General Data Protection Regulation (hereinafter referred to as GDPR) and the relevant national laws with data protection implications, in particular the Federal Data Protection Act (“Bundesdatenschutzgesetz”, hereinafter referred to as BDSG). Data protection has the highest priority for our company. For this reason, we only work with partners who also demonstrate a correspondingly high level of data protection.
We will only collect and process your data if you have given us your express consent to do so, or if this results from a concluded contract or a pre-contractual measure or from a service basis, or if the GDPR or other laws permit or even require this.
The following data protection notices and data protection declarations reflect the status of legislation as at 25 May 2018. This is a continuation of the GDPR, which has been valid throughout Europe since this day.
Under no circumstances do we sell your data or pass them on to unauthorised third parties.
In the following we would like to inform you about the handling of your data in our company. Specifically, we would like to inform you at this point how, when and which data, to what extent and for what purpose are collected, stored and how they may be further used, processed and used. Furthermore, the data subjects will be informed about their rights by means of this Privacy Statement.
You can print or save this form by using the usual functions of your browser. The following Privacy Statement explains which data is collected on our websites and which data we process and use and how.
B. = Privacy Statement – specific information and mandatory information
1. Data protection
The use of our website is generally possible without providing personal data.
However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
To the extent that we collect personal data, for example name, address or mail addresses, this is, if technically possible, always on a voluntary. This data will not be passed on to third parties without your express consent.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, always takes place in accordance with the GDPR, the BDSG and in accordance with the other (country-) specific data protection regulations applicable to our company.
Those responsible for data protection in our company have implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website, specifically to protect your data managed by us against accidental or intentional manipulation, loss, destruction or access by unauthorised persons. This means that our company stores your information relevant for data protection exclusively on secure systems. Only a few authorised persons and persons with special data protection obligations who are involved in technical, administrative or national support have access to it. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, each data subject is free to transmit personal data to us by alternative means.
The use of contact data of the legal notice obligation applicable to us as the controller by third parties for sending unsolicited advertising and/or information material is hereby expressly prohibited. The operators of these pages expressly reserve the right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
2. Controller
The above Privacy Statement applies to data processing by the controllers:
ePension Fund Europe (ASSEP)
2, rue Edward Steichen
L-2540 Luxembourg
Represented by: Pascal Huelin, Board of Directors
datenschutz@epension.ridafane.myhostpoint.ch
3. Responsible for the web content:
ePension Fund Europe (ASSEP)
2, rue Edward Steichen
L-2540 Luxembourg
Represented by: Pascal Huelin, Board of Directors
datenschutz@epension.ridafane.myhostpoint.ch
4. Name and address of the Data Protection Officer
We have not appointed a data protection officer for our company.
5. Responsible head of data processing in our company:
ePension Fund Europe (ASSEP)
2, rue Edward Steichen
L-2540 Luxembourg
Represented by: Pascal Huelin, Board of Directors
datenschutz@epension.ridafane.myhostpoint.ch
6. Scope
This Privacy Statement is intended to inform the user of this website about the type, scope and purpose of the collection and use of personal data by those responsible for the website called up here in accordance with the provisions of the GDPR, the BDSG, the Telemedia Act (hereinafter referred to as “TMG”) and all other legal provisions for the protection of data.
7. Definitions
The Privacy Statement of our company is based on the terms used by the European directives and regulations when the GDPR was enacted. Our Privacy Statement should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used. We use the following terms in this Privacy Statement, among others:
(a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he/she can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
(c) Processing
Processing means any operation carried out with or without the aid of automated procedures, or set of operations, relating to personal data. This includes collection, recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or linking, limitation, erasure or destruction.
(d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
(e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
(f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
(g) Controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria of his/her appointment may be designated in accordance with Union law or with the law of the Member States.
(h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States shall not be considered as recipients.
(j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
(k) Consent
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
8. Privacy Statement on the subject of “Collection and storage of data – including personal data – and the nature and purpose of their use”.
a) When visiting the website
You can normally visit our website without us requiring any personal data from you. However, we automatically collect and store log file information (server log files) that your browser sends to us. This happens automatically when our website is accessed by the browser used on your terminal device. This automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information will be collected without your intervention and stored until automated erasure:
(1) The browser types and versions used,
(2) The operating system used by the accessing system,
(3) The website from which an accessing system reaches our website
(so-called referrer),
(4) The sub-sites, which are accessed via an accessing system on our Internet site,
(5) The date and time of access to the website,
(6) An Internet Protocol (IP) address,
(7) The Internet service provider of the accessing system; and
(8) Other similar data and information necessary for security purposes in the case of attacks on our information technology systems.
This data will not be merged with other data sources. Legal basis for the collection of the personal data: We have summarised the legal basis for the data processing described above for you in section 14.
b) Use of collected data when visiting the website
When using this general data and information, our company does not draw any conclusions about the data subject. Rather, this information is needed:
(1) to deliver the contents of our website correctly,
(2) to optimise the content of our website and the advertising for it,
(3) for the long-term operability of our information technology systems and the technology of our website, as well as
(4) to provide law enforcement authorities in the event of a cyber-attack with the information required for law enforcement.
In summary, it can be said that this anonymously collected data and information is evaluated by our company both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the data subject.
Additional personal data such as your name, address, telephone number or e-mail address will not be collected unless you voluntarily provide it in the designated area (e.g. contact form, newsletter order) of the website itself.
Legal basis for the collection of the personal data:
We have summarised the legal basis for the data processing described above for you in section 14.
c) Use and disclosure of personal data when visiting the website
We use the personal data provided by you exclusively for the purpose of technical administration of the website and to fulfil your wishes and requirements, i.e. as a rule to process the contract concluded with you or to answer your enquiries.
We will only use your personal data for marketing purposes after your express consent and only up to your possible objection (e.g. in the case of a newsletter). Your personal data will not be passed on, sold or otherwise transferred to third parties unless this is necessary for the purpose of processing a contract concluded between you and us or you have expressly consented to it. For example, it may be necessary for your address and order data to be forwarded to companies or third parties in contact with us to order products or services.
Legal basis for the use and disclosure of the personal data:
We have summarised the legal basis for the data processing described above for you in section 14.
d) Data protection when using a contact form via the website
If you have any questions, we may offer you the opportunity to contact us using a form provided on the website. The specification of a valid e-mail address is necessary so that we know from whom the request originates and in order to be able to answer it. Further information can be provided voluntarily.
The personal data collected by us for the use of the contact form will be automatically erased after the completion of your request.
Legal basis for the collection and processing of personal data:
We have summarised the legal basis for the data processing described above for you in section 14.
e) Passing on data during or after your visit to the website
Your personal data will not be transferred to third parties for purposes other than those listed below.
We pass on your personal data to third parties on the legal bases described below only if:
– you have given your express consent to this pursuant to Art. 6 para. 1 s. 1 lit. a GDPR,
– the disclosure pursuant to Art. 6 para. 1 s. 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
– in the event that there is a legal obligation to pass on data pursuant to Art. 6 para. 1 s. 1 lit. c GDPR, and
– this is legally permissible and required for the execution of contractual relationships with you pursuant to Art. 6 para. 1 s. 1 lit. b GDPR.
f) Duration of storage when visiting the website
The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this is the case when the respective session is terminated.
g) Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
9. Privacy Statement regarding “cookies, (tracking) tools and other features”
a) Use of cookies
As with most Internet pages, we also use so-called cookies. These are small files that are automatically created by your browser and stored on your terminal device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any harm to your terminal device, do not contain viruses, Trojans or other malware.
Information is stored in the cookie, which results in each case in connection with the specifically used terminal device. This does not mean, however, that we will gain immediate knowledge of your identity.
The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognise that you have already visited individual pages on our website. These will be deleted automatically after leaving our site.
In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your terminal device for a specified period of time. If you visit our website again to use our services, it is automatically recognised that you have already been with us and what inputs and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies in order to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you. These cookies enable us to automatically recognise that you have visited our site before when you visit it again. These cookies are automatically deleted after a defined period of time.
Legal basis for the collection of data when cookies are used:
The data processed by cookies are necessary for the purposes mentioned to safeguard our legitimate interests and those of third parties pursuant to Art. 6 para. 1 s. 1 lit. f GDPR.
Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, if you disable cookies completely, you may not be able to use all the features of our website.
(b) Analysis tools
If we use analysis tools, you will receive a special note about this.
If necessary, we use Google reCAPTCHA on our website. Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
The purpose of reCAPTCHA is to check whether data entries on our website (e.g. a contact form) are made by a person or by an automated program. For this purpose, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis starts automatically as soon as the website visitor enters the website. During the analysis, reCAPTCHA evaluates various information (e.g. IP address, length of stay of the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.
The reCAPTCHA analyses run completely in the background. Website visitors are not advised that an analysis is taking place.
Data processing is carried out on the basis of Art. 6 para. 1 s. 1 lit. f) GDPR. The website operator has a legitimate interest in protecting his web offers from improper automated detection and from spam.
For more information about Google reCAPTCHA and Google’s privacy policy, please see the following link: https://www.google.com/ints/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android/html.
(c) Tracking tools
The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 s. 1 lit. f) GDPR. With the tracking measures we are implementing, we want to ensure that our website is designed to meet the needs and is continually optimised. On the other hand, we use the tracking measures in order to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you. These interests shall be deemed to be justified within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
(d) Duration of storage, objection and removal options for cookies
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to the full extent.
The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the settings of the Flash Player.
10. Passing on your data to third parties
In order to make our website as pleasant and convenient as possible for you as a user, we occasionally use external service providers. Below you have the possibility to inform yourself about the data protection regulations for the use and the use of the services and functions used, in order to be able to exercise your rights if necessary also with the service providers.
(a) Google Analytics
We use Google Analytics, a web analysis service provided by Google Inc., for the purpose of tailoring our pages to meet your needs and continuously optimising them. (https://www.google.de/ intl/en/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised user profiles are created and cookies (see above) are used. The information generated by the cookie about your use of this site such as
browser type/version,
operating system used,
referrer URL (the previously visited page),
host name of the accessing computer (IP address),
time of the server request,
are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activities and to provide other services related to website and Internet use for market research purposes and to design these Internet pages in line with requirements. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of third parties. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymised so that an assignment is not possible (IP masking). You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
You may also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) and the processing of such data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from capturing data by clicking a specific link. An opt-out cookie is then set to prevent your data from being collected in the future when you visit this website. The opt-out cookie applies only in this browser and only to our website and is placed on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics help (https://support.google.com/analytics/answer/ 6004245?hl=en).
The legal basis for the measures described here can be found in Art. 6 para. 1 s. 1 lit. f) GDPR.
(b) Google Adwords Conversion Tracking
We also use Google Conversion Tracking to record the use of our website statistically and to evaluate it for the purpose of optimising our website for you. Google Adwords places a cookie (see above) on your computer if you have reached our website via a Google advertisement.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on the AdWords customer’s website and the cookie has not expired, Google and the customer will be able to tell that the user clicked on the ad and was directed to that page.
Each Adwords customer receives a different cookie. Cookies cannot therefore be traced via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. You will never receive any information that personally identifies a user.
If you do not wish to participate in the tracking procedure, you can also refuse to set a cookie as required for this, for example by setting your browser to generally deactivate the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com”. The Google Privacy Policy for Conversion Tracking can be found here (https://services.google.com/sitestats/de.html).
The legal basis for the measures described here can be found in Art. 6 para. 1 s. 1 lit. f) GDPR.
(c) Google Maps
This page uses the Google Maps map service via an API. Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.
The use of Google Maps is in the interest of an appealing presentation of our online offers and an easy retrievability of the places indicated by us on the website. This constitutes a legitimate interest as defined by Art. 6 (1) sentence 1 lit. f) GDPR, the legal basis for this measure.
You can find more information about how we treat user data in Google’s privacy policy: https://www.google.de/intl/de/policies/privacy.
(d) Google web fonts
This page uses so-called web fonts provided by Google for the uniform display of fonts. When you access a page, your browser loads the web fonts you need into your browser cache to display text and fonts correctly.
For this purpose, the browser you are using must connect to the Google server. This will give Google knowledge that our website has been accessed via your IP address. The use of Google web fonts takes place in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest as defined by Art. 6 (1) sentence 1 lit. f) GDPR.
If your browser does not support web fonts, it will use a standard font from your computer.
For more information about Google web fonts, please visit https://developers.google.com/fonts/faq and read Google’s privacy policy: https://www.google.com/policies/privacy.
(e) YouTube
Our website uses plugins from the YouTube page operated by Google. The site is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.
When you visit one of our pages equipped with a YouTube plug-in, a connection is established to the YouTube server. This will tell the YouTube service which of our pages you have visited.
If you are logged in to your YouTube account, you can allow YouTube to directly associate your surfing behaviour with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used in the interest of an appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 (1) sentence 1 lit. f) GDPR.
You can find more information about the handling of user data in YouTube’s privacy policy at: https://www.google.de/ints/de/policies/privacy.
11. Security and encryption
We take all necessary technical and organisational security measures to protect your personal data from loss and misuse. Your data is stored in a secure operating environment that is not accessible to the public.
Should you wish to contact us by e-mail, we would like to point out that the confidentiality of the information transmitted is not guaranteed. The content of e-mails can be viewed by third parties. This cannot be completely excluded with technical means. We therefore recommend that you send us confidential information exclusively by e-mail using encryption technology.
Our website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send as a site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from https:// to “https://” and by the lock symbols in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
12. Routine erasure and blocking of personal data
As the controller, we process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or if provided for by the European Directive and Regulation maker or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data is blocked or erased routinely and in accordance with the statutory provisions.
13. Rights of data subjects
According to Art. 15 GDPR in conjunction with § 34 BDSG you have the unrestricted right to free information about your data stored by us as well as according to § 35 BDSG the right to erasure or blocking of inadmissible data or the right to rectification of incorrect data.
At your request, we will gladly inform you whether and what personal data we have stored about you. We will do everything we can to update and/or correct your information. Please address your wishes and information directly to our data protection officer by e-mail, stating your postal address.
If your personal data is processed, you are a data subject as defined by the GDPR and have the following rights:
(a) Right to confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact the controller or one of his or her employees.
(b) Right of access
Any data subject affected by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time and free of charge from the controller information on the personal data relating to him/her which have been stored and a copy of this information. In addition, the European directive and regulation maker has granted the data subject access to the following information:
(1) The processing purposes,
(2) The categories of personal data to be processed,
(3) The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations,
(4) If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration,
(5) The existence of a right to have personal data relating to him/her rectified or erased or to have the processing restricted by the controller or to object to such processing,
(6) The existence of a right to lodge a complaint with a supervisory authority,
(7) If the personal data are not collected from the data subject: All available information about the origin of the data,
(8) The existence of automated decision-making, including profiling, in accordance with
Article 22(1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer, Art. 46 GDPR.
If a data subject wishes to exercise the right of access described above, he or she may at any time contact an employee of the controller.
(c) Right to rectification
Any data subject affected by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact the controller or an employee for this purpose.
(d) Right to erasure (“right to be forgotten”)
(1.) Duty of erasure
Any data subject affected by the processing of personal data shall have the right, granted by the European directive and regulation maker, to require the controller to erase without delay personal data concerning him/her which are subject to one of the following conditions and to the extent that the processing is not necessary:
– The personal data have been collected for such purposes or processed in any other way for which they are no longer necessary.
– The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 s. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
– Personal data have been processed unlawfully.
–- The erasure of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
– The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
If one of the reasons mentioned above applies and a data subject wishes to have personal data stored by our company deleted, he or she can contact an employee of the controller or the data controller directly at any time. We will ensure that the request for erasure is met without delay.
(2.) Information to third parties
If our company has made the personal data public and our company is obliged to erase the personal data in accordance with Art. 17 para. 1 GDPR, our company takes appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other controllers who process the published personal data that the data subject has requested the erasure of all links to this personal data or copies or replications of this personal data from these other controllers, insofar as the processing is not necessary. Those responsible for our company will take the necessary steps in individual cases.
(3.) Exceptions
The right to erasure does not exist if processing is necessary:
– For the exercise of freedom of expression and information.
– To fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller.
– For reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h) and i) and Art. 9 para. 3 GDPR.
– For archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to in section (2) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
– For the assertion, exercise or defence of legal claims.
(e) Right to restriction of processing
Any data subject affected by the processing of personal data has the right, granted by the European directive and regulation maker, to request the controller to restrict the processing if one of the following conditions is met:
– The accuracy of the personal data is contested by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
– The processing is unlawful, the data subject refuses the erasure of the personal data and instead requests the restriction of the use of the personal data.
– The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
– The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored in our company, he or she can contact an employee of the data controller or the data controllers directly at any time. We will immediately arrange for the restriction of the processing.
Reasons: If the processing of personal data concerning you has been restricted, such data may be processed only with your consent or for the purpose of claiming, exercising or defending legal rights or for the protection of rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State, with the exception of their storage.
If the restriction on processing has been restricted in accordance with the conditions described above, you will be informed by the controller before the restriction is cancelled.
(f) Right to information
If you have exercised your right to rectification, erasure or restriction of processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, cancellation or limitation of the processing, unless this proves impossible or involves a disproportionate effort.
You also have the right vis-à-vis the controller to be informed of these recipients.
(g) Right to data transferability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. The data subject also have the right to communicate such data to another controller without being hindered by the controller to whom the personal data have been transmitted, provided that the processing is based on a consent pursuant to Art. 6 para. 1 s. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 s. 1 lit. b) GDPR and that the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority assigned to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 para. 1 GDPR, the data subject shall have the right to insist that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transferability, the data subject can contact an employee of our company or a controller at any time.
(h) Right to object
Any data subject affected by the processing of personal data has the right granted by the European directive and regulation maker in Art. 21 GDPR to object at any time to the processing of personal data concerning him/her on the basis of Art. 6 para. 1 s. 1 lit. e) or f) GDPR for reasons arising from his particular situation. This also applies to profiling based on these provisions. In the case of direct advertising, you have a general right of objection, which is implemented by us without stating a particular situation.
In the event of an objection, our company will no longer process the personal data unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If our company processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling in so far as it is related to such direct marketing. If the data subject objects to our company processing the data for direct marketing purposes, our company will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him/her by our company for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may contact our company, an employee of our company or a person in charge directly by e-mail. The data subject shall also be free to exercise his/her right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
(i) Automated decisions on a case-by-case basis, including profiling
Any data subject affected by the processing of personal data shall have the right, granted by the European directive and regulation maker, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision:
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorised by Union or national legislation to which the controller is subject and contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
(3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (3) is taken with the express consent of the data subject, our company takes reasonable steps to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the controller intervene, to state his or her point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller or the controller directly.
(j) Right to revoke consent under data protection law
Any data subject affected by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his/her right to withdraw his/her consent, the data subject may at any time do so by contacting an employee of the controller or the controller directly.
(k) Receiver of the revocation or objection
If you wish to make use of your right of revocation or objection, simply send an e-mail to
ePension Fund Europe (ASSEP)
2, rue Edward Steichen
L-2540 Luxembourg
Represented by: Board of Directors Pascal Huelin
datenschutz@epension.ridafane.myhostpoint.ch
(l) Right to lodge a complaint with the supervisory authority, Art. 77 GDPR
Every data subject has the right to lodge a complaint with a supervisory authority if he or she considers that his or her rights under the GDPR, the BDSG or other national data protection regulations have been infringed. The complaint may in particular be lodged with a supervisory authority where the data subject has his or her habitual residence. The supervisory authorities are obliged to take measures to facilitate the submission of complaints, such as the provision of a complaint form, which can also be completed electronically.
Please address complaints to the data protection supervisory authority responsible for our company:
National Data Protection Commission
1, avenue du Rock’n’Roll
L-4361 Esch-sur-Alzette
Phone: (+352) 26 10 60-1
Fax: (+352) 26 10 60-29
14. Summary: Legal bases for collection and processing of the data during and/or after visiting the website
Art. 6 para. 1 sentence 1 lit. a) GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations which are necessary for the delivery of goods or the rendering of another service or consideration, the processing is based on Art. 6 para. 1 s. 1 lit. b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services.
If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 para. 1 s. 1 lit. c) GDPR.
In rare cases, the processing of personal data may become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 para. 1 s. 1 lit. d) GDPR.
Ultimately, processing operations could be based on Art. 6 para 1 s. 1 lit. f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).
Legitimate interests in the processing pursued by the controller or a third party, Art. 6 para. 1 sentence 1 lit. f) GDPR:
If the processing of personal data is based on Article 6 para. 1 s. 1 lit. f) GDPR, our legitimate interest in data processing lies in the performance of our business activities for the benefit of all our employees, our shareholders and the data subject, provided that such person is a customer of our company.
15. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data will be routinely erased unless they are no longer required for the fulfilment or initiation of the contract.
16. Legal or contractual provisions for the provision of the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We hereby inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject makes personal data available to us, which must subsequently be processed by us. For example, the data subject may be required to provide us with personal information when our company enters into a contract with the data subject. Failure to provide personal data would mean that the contract with the data subject could either not be concluded or – after conclusion – not be carried out. Before the data subject provides personal data, the data subject may contact one of our employees. Our employee informs the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.
17. Data security
We use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. This is generally a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed representation of the key or lock symbol in the lower status bar of your browser.
We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
18. Topicality and change of this Privacy Statement
This Privacy Statement is currently valid in the version as of May 2018.
Due to the further development of our website and its offers or due to changed legal or official requirements, it may become necessary to amend this Privacy Statement. You can view and print out the current version of the Privacy Statement at any time on the website at www.epension.com
