General conditions of use for the myPensPortal

General conditions of use for the “myPensPortal” application for “insured members”

Subject of the contract

PensExpert AG offers the “PensPortal” digital service (web application and mobile app) in relation to pension provision, taxes, investments and the promotion of home ownership to insured members of the PensFlex and PensUnit collective foundations (and – where applicable – the pension relationships of PensFree and Independent vested benefits foundations as well as the Pens3a pension foundation) (hereafter also the “foundations”) along with their statutory or contractual representatives (hereafter also referred to as “users”).

these conditions of use govern rights and duties in relation to the use of the PensPortal.

Access to the PensPortal application

By initially registering on the PensPortal application, the user acknowledges and accepts the following conditions of use.

Any user who has successfully completed the registration process for the portal is authorised to access the PensPortal. Within the PensPortal, users have access exclusively to the data classified by PensExpert as authorised data. Users work with a clearly identifiable user account.

Technical access is via the Internet through an Internet provider determined by the user or his/her statutory or contractual representative. Users are responsible for providing and maintaining appropriate technical infrastructure that enables Internet access to the portal.

Initial onboarding registration as well as subsequent authentication processes (two-factor authentication by identity and access management) occur as follows:

  • entry of username
  • entry of initial password / subsequent setting of a personal password
  • verification of email address
  • verification of mobile telephone number
  • security code by mobile telephone

Any person who uses their login details to verify their identity shall be considered by PensExpert to be entitled to use the PensPortal. For security reasons, the current session will be automatically ended in the event of inactivity for more than around 20 minutes.

Exclusively electronic provision of documents/notices

In using the PensPortal, users accept that, where possible and expedient, documents or notices concerning PensExpert and the associated foundations will be sent or provided to them in future only electronically. Whenever the foundations and/or PensExpert provide any documents or notices in the PensPortal, users will receive at their choice either a text message or an email (based on the information lodged in the PensPortal). Documents and notices will be deemed to have been delivered as soon as they are available for download on the portal. Users are responsible for downloading the files themselves in order to be able to comply in good time with any contractual or statutory obligations. PensExpert will cancel their access to the portal upon expiry of the time limit referred to in Clause 10. PensExpert shall be entitled to continue to send any documents lodged on the portal also by ordinary post, in particular if this is required by law or is appropriate taking account of any other circumstances (at no cost for users).

Applications

After successfully logging in to the PensPortal, users shall have access in particular to the following:

  • an electronic mailbox for correspondence
  • general personal master data, data relevant for pension provision stricto sensu (pension statement, salary details, employment relationship, contribution data, etc.); changes in their retirement assets
  • salary simulation and effect on contributions and benefits;
  • choice of savings plan; this is based on the employer’s pension plan
  • online enquiries concerning offers provided for under regulations such as purchases, the promotion of home ownership, the management of old-age and survivors’ benefits (amount of benefits upon retirement)
  • a defined investment strategy
  • notice of withdrawal (with the opportunity to apply for transfer to the vested benefits institutions)

All simulations, enquiries and calculations shall be dealt with, and the transactions requested shall be carried out, exclusively on the basis of the information and documents provided through PensExpert management and partner systems, over the Internet or in any other manner, as well as the data and information concerning the relevant user entered into or lodged in the PensPortal.

Duties of care and responsibilities

 PensExpert shall endeavour to adapt the PensPortal for “insured members” in line with the latest technological standards. PensExpert shall also endeavour to maintain the proper functionality of and access to the PensPortal as far as possible at all times. As a general rule, maintenance work, updates and planned system shutdowns shall occur outside ordinary working hours and shall be reported in advance on the PensPortal.

It should be noted that information and data are transmitted between PensExpert and users over the Internet. Although data encryption is used, certain transmission data such as the addresses of senders and recipients are not transmitted in encrypted form, which may enable inferences to be made concerning the client relationship. PensExpert does not have any influence over whether Internet service providers chosen by the insured member or his/her third-party appointees may be able to analyse data transmission and make any such inferences concerning Internet contacts, or the extent to which this occurs.

Insured members and their statutory or contractual representatives shall be obliged specifically:

  • during onboarding registration, authentication procedures (login) and when using the PensPortal, to provide information that is complete and accurate in all respects and to adjust the desired settings themselves in the PensPortal;
  • to ensure that login details are kept up to date and confidential and protected against misuse by unauthorised third parties;
  • to use the PensPortal in accordance with its designated purpose and, to ensure that any data exchanged are complete and accurate, and to correct any errors promptly after they are discovered;
  • to provide and maintain an adequate technical infrastructure, including security measures to protect against viruses, hacker attacks, etc.; and
  • to report any malfunctioning of the PensPortal promptly to PensExpert.

Login details are personal. It is not permitted to share login details with third parties.

Users and their statutory or contractual representatives are obliged to treat as confidential and to refrain from disclosing to third parties any facts and information that are not in the public domain or generally accessible in which, taking account of their nature, there is a good faith interest in confidentiality. In the event of any doubt, any facts or information should be treated as confidential.

Access blocking

 PensExpert reserves the right, on discovery of any security risks of any type or misuse by users (including the suspicion thereof), to block access to the PensPortal until legal requirements have been met. The foregoing is without prejudice to Clause 10. If login details are suspected of having been fraudulently used, the user must immediately request PensExpert to block access to the portal. Users may request PensExpert AG to block access for them at any time.

 

Liability / warranty disclaimer

 Insofar as legally permissible, PensExpert rejects any liability and excludes, unconditionally, any liability for loss or damage of any kind which the user may incur, in whole or in part, in connection with accessing or using the PensPortal. In particular, PensExpert is not liable either for direct or indirect loss arising from unsatisfactory content (inaccurate, incomplete, containing transmission errors or outdated); availability (technical defects, interruptions, Internet outages, network overloads); data losses (database, software); events outside the control of PensExpert (unlawful intervention or access by third parties); misuse (by the user and/or by a third party), loss, etc. of login details; the blocking of access as well as for other reasons in connection with the use of the PensPortal.

PensExpert declines any warranty in relation to the PensPortal and in particular provides no warranty concerning the accessibility of the PensPortal. Furthermore, PensExpert accepts no liability for the content of external sites insofar as these are linked to the client portal.

All liability and warranty disclaimers in favour of PensExpert shall also apply mutatis mutandis for (or in favour of) the foundations.

Liability of insured members or their statutory or contractual representatives

Users or their statutory or contractual representatives are liable (both to PensExpert and to the foundations) for all losses/damage caused by improper use of the PensPortal and/or use in breach of these conditions of use. This applies in particular for the unauthorised use of the login details (whether by the user or by a third party).

When accessing the portal from abroad (third country), there is also a risk that user data may not be sufficiently protected owing to an inadequate level of data protection in the third country. The user is responsible for obtaining information concerning these risks. PensExpert rejects any liability in this regard.

Intellectual property rights

 The PensPortal, including its content and structure, are the property of PensExpert. The duplication of information or data, in particular the use of texts, text components, trademarks, logos or other image material, requires the prior written consent of PensExpert.

Termination

The user is entitled to stop using the PensPortal at any time. Their account will be deactivated once they have given their permission for their access to be deleted. The user will be notified of any termination of the PensPortal by PensExpert AG as soon as possible. Access to the PensPortal will remain open to users for up to 12 months after the termination of the PensFlex/PensUnit pension provision/contractual relationship. It shall be for the user to ensure the (ongoing) backing up of documents. PensExpert reserves the right to terminate all usage of the PensPortal immediately and entirely (including the immediate blocking of the respective access credentials, in particular in the event of misuse or any suspicion thereof) if there are compelling reasons to do so, e.g. due to a breach of contractual obligations.

Additional use of email address for marketing purposes 

Users consent to the use by PensExpert for marketing purposes – e.g. newsletter and advertising – of the email address used by them for the PensPortal.

Users may unsubscribe from the newsletter at any time. This can be done via the respective (unsubscribe) link contained in each newsletter.

The email address may be shared with partners (including in particular partner banks) for marketing purposes (including for the marketing purposes of partners). Users must inform PensExpert AG if they do not wish such data to be shared with partners.

 

Change in the conditions of use and adaptations in the PensPortal

 PensExpert is entitled to amend the conditions of use at any time. Any such changes will be communicated in the appropriate manner. In the absence of any objection to the changes by the user in writing within one month, these will be deemed to have been accepted. An objection will be deemed a termination of the contract of use with immediate effect. On receipt of an objection, PensExpert will deactivate the user’s access to the PensPortal in accordance with Clause 10.

In addition, the applications described in Clause 4 may be expanded, limited or adjusted at any time.

Assignment

PensExpert shall be entitled to assign all or any individual rights and/or duties under these conditions of use to third parties (including in particular to the foundations). Users are only permitted to do so with the express approval of PensExpert.

Severability clause

 Should any individual parts of these conditions of use be or become null and void or legally invalid, this will not affect the remaining provisions. The parties shall interpret and draft the conditions of use in such a way that the intended purpose of the null and void or legally invalid individual parts is achieved as far possible.

Applicable law and jurisdiction

These conditions of use are subject to Swiss law, excluding its provisions concerning private international law. Exclusive place of jurisdiction is Lucerne.

Last updated: 02.2022