esurance AG (hereinafter referred to as “esurance”) undertakes to maintain the confidentiality of all information and data to which it gains access within the scope of the services offered.
This Privacy Statement (hereinafter referred to as “PS”) applies to all data collected from you as a user of app.esurance.ch or as a visitor to the website https://esurance.ch as well as via any other means of communication (such as telephone, e-mail, fax, etc.). The Cooperation Agreement/Brokerage Contract (CA) shall apply additionally. By agreeing to the CA, you expressly declare your agreement with this PS. You can call up the latest version of the PS online at any time at www.esurance.ch/dse.
By using our website and our service, you declare your consent to your data being processed by esurance when visiting the website and processing the service to the extent declared below and for the purposes stated in accordance with CA cl. 2.
This also applies in particular to data processing by third parties and data processing abroad. In this context, data may also be transferred to countries which, according to the list of the FDPIC, are not considered equivalent in some respects to the level of protection under Swiss law (e.g. US). The list of these countries is here.
3. Responsible for data processing
esurance AG, Heinrichstrasse 269, 8005 Zurich, Switzerland, is responsible for data processing
4. Categories of the processed data
In order to provide the service, esurance processes the following data:
In private customer business Data such as master data and contract data (such as first name, surname, address, postcode, date of birth, e-mail address, telephone number (mobile and fixed network) bank details, marital status, number of children, data of authorised representatives, financial data on income), health data, data of other insurers, data of service providers, data on debt enforcement and bankruptcy matters.
In corporate customer business Data such as master data and contract data (such as name, registered office, address, postcode, payroll, e-mail addresses, telephone number (mobile and fixed network) bank details, field of activity, number of employees) Data on employees (such as first name, surname, address, postal code, date of birth, e-mail address, telephone number (mobile and fixed network) bank details, marital status, number of children, data on authorised representatives, financial data on income health data, data on debt enforcement and bankruptcy matters.
Use of the website, web application and cookies:
Data processing using Web analytics tools and plugins: esurance sometimes uses elements and services of third parties on the website which provide usage statistics or which allow the user access to other third-party services. This allows these third parties to collect a limited amount of data on esurance users themselves, provided that they recognise them, for example, by means of their own cookies or logins.
Data processing using cookies: esurance uses session cookies that are deleted as soon as you close your browser. In addition, esurance uses permanent cookies, which remain stored on your end device for a certain or indefinite period of time even after closing the browser. These cookies are from esurance itself or from third parties and are used for different purposes:
- Navigation and use of the web application (premium calculator, forms etc.)
- Functions (e.g. chat, co-browsing)
- Web statistics
The cookies that esurance uses do not contain any personal data that identifies you personally. The cookies we use do not provide us with information such as name, telephone number, postal and e-mail address, banking or credit card information or any other personal data.
5. Purpose of the data processing
The data is used exclusively for the purpose of fulfilling the mandate (service) as an insurance broker and platform operator in accordance with the CA. Fulfilment of the mandate also includes the delivery of information (by post and electronically) on useful and interesting insurance offers. The delivery of this information is part of the contractual relationship between you and esurance.
The data that you provide to esurance under the Cooperation Agreement will be passed on to the respective insurance companies for the purpose of preparing offers, policies or contacting you. In this respect, the provisions (including data protection provisions) of the respective insurance company apply.
You authorise esurance to store the data in electronic form and, in particular, to collect, store, modify, transmit, delete and use personal data within the framework of the aforementioned purposes, in particular the contractual and/or user relationship for the establishment, implementation and handling of the latter.
All communication via app.esurance.ch and https://www.esurance.ch is basically electronic (e.g. through messages in the application, e-mail, chat, etc.). You hereby agree and acknowledge that, in the context of using esurance, this form of communication is equivalent to the written form in accordance with Art. 12 ff. CO.
You acknowledge that data transmitted via the internet or e-mail can generally be viewed by anyone. esurance cannot guarantee the confidentiality of such data. Data can be lost, altered or intercepted by unauthorised third parties during transmission.
7. Data security
esurance processes all data collected from you primarily in Switzerland. However, in the context of the use of external service providers, individual user data may be processed abroad. esurance takes appropriate technical and organisational measures in the context of the processing and storing user data to prevent unauthorised access and other unauthorised processing. These are regularly reviewed and, if necessary, adjusted, including by third parties commissioned to operate their systems. With regard to order data processing, cl. 9 below applies.
8. Access, rectification and deletion
Within the scope of the personal data processing in this Privacy Statement, you can exercise the following rights vis-à-vis esurance:
- You have the right to receive information about your stored personal data at any time.
- You have the right to have the data that esurance processes about you with your consent or automatically processes on the basis of a corresponding agreement, to be sent to you or another party by means of a copy in a structured, generally accepted and machine-readable format. This only concerns the personal data that you have transmitted to esurance.
- You have a right of objection to the use and/or transmission of your data within the framework of the legal provisions.
- In accordance with the statutory provisions, you have the right to correct or supplement, block and delete this personal data, provided that other regulations (e.g. storage obligations or mandatory processing due to a contractual or statutory obligation (in accordance with section 3.2)) do not conflict with this.
- You have the right to refuse direct advertising if it is carried out by esurance on the basis of a legitimate interest. This also applies to analyses for profiling for the purposes of direct advertising.
- You have the right to restrict the processing activity.
- If you object to processing on the basis of a legitimate interest of esurance, esurance will limit all processing of the data concerned until legitimate interest is established.
- If you notify esurance that your personal data is incorrect, esurance must restrict all processing of the data concerned until it has established whether the personal data is indeed incorrect.
- If the processing is unlawful, you may object to the deletion of personal data and instead request that the use of your personal data be restricted.
- If esurance no longer needs the personal data, but you do need it to defend your legal rights.
- If you are uncertain about the legality of the data processing, you can contact esurance directly at firstname.lastname@example.org. You also have the right to file a complaint with the supervisory authority.
- You have the right to revoke your consent to data processing, provided such revocation does not contravene other regulatory provisions.
In order to exercise these rights, we would like to ask you to send a written application with a copy of an official identity card to the following address:
esurance AG, Heinrichstrasse 269, 8005 Zurich, Switzerland.
9. Order data processor
esurance will use employees of other companies of the ASSEPRO Group and SWICA Group and, after consultation with you as the customer, involve local insurance brokers abroad and exchange data with members of the ASSEPRO Group and local insurance brokers outside Switzerland. Insofar as data transmission abroad is necessary for the performance of the brokerage services, you expressly consent to the transmission of the data abroad by the agent.
In addition, esurance has certain data processing operations carried out by a third party within the scope of its data processing procedures. esurance remains responsible, however, for the lawful processing of the data. The commissioned third party may only process the data for the purposes for which esurance has authorised it or for which you as a user have consented or authorised by law. In doing so, esurance contractually ensures that the data may only be processed in the way that esurance itself may or that you as a user have consented to. The content of this Privacy Statement must also be observed by the contractor.
In addition, esurance obliges the contractors to ensure data security with suitable technical and organisational measures. These measures are regularly checked by esurance to ensure that the contractor complies with them. The checks are carried out either on the basis of a self-declaration by the contractor or on the basis of an audit, which is carried out either by esurance itself or by a third party commissioned by esurance.
Any requests concerning the rights of the data subjects in accordance with cl 8 of this Privacy Statement must be addressed directly to esurance.
In addition, the data, if applicable in a specific case, will be processed by the following data processors:
|Company||Location||Purpose||Link to Privacy Statement|
|Google Inc. |||US & Europe||E-mail, web statistics, online marketing
|Hubspot Inc.||USA & Europe||CRM||https://legal.hubspot.com/privacy-policy|
|Mailgun Technologies Inc.||USA & Europe||System e-mail||https://www.mailgun.com/privacy-policy/|
|Mixpanel International, Inc.||Vereinigtes Königreich||Webstatistics||https://mixpanel.com/legal/privacy-policy/|
|USA & Europa||Onlinemarketing||https://m.facebook.com/policy.php?locale=de_DE|
|Amazon Web Services EMEA SARL||Switzerland & EU||Data Storage||https://aws.amazon.com/compliance/data-privacy/?nc1=h_ls|
The data processed by the subcontractors in accordance with the data categories as per cl. 4 of this Privacy Statement.
10. Retention period
Data will be stored at esurance for as long as the purpose, a legal basis or any other justification justifies further storage. In particular, all data relevant under commercial law must be stored for at least ten years after the conclusion of the contractual relationship. This includes, but is not limited to, any contract data, performance data, business correspondence or other business data applicable to the business relationship between esurance and you.
The maximum retention period is therefore based on the following criteria:
- Are the data still needed?
- Is there a legal basis which provides for the retention of data for a certain period of time?
- Should the data be kept for a certain period of time as evidence (the limitation periods are decisive)?
- Does the purpose justify storing the data for longer?
Particularly sensitive personal data, which may be stored in paper form, is disposed of professionally and in accordance with data protection regulations and exclusively by a dedicated service. Data on an electronic data carrier is irretrievably deleted before its disposal. The data carriers are destroyed.
11. Update of the Privacy Statement
esurance will update this Privacy Statement on occasion. If we change the Privacy Statement in a way that affects your rights and freedoms, you must explicitly agree to the Privacy Statement. The latest version of the Privacy Statement is always available on the esurance website.
The provisions of the CA also apply.
This document has been translated into several national languages. In the event of divergent interpretation or errors in translation, the German version shall apply exclusively.