Privacy Policy

Avans GmbH places great importance on the privacy of its users. In this privacy policy, we explain what personal data we collect, why we collect it, how we handle it, and what rights you have as a user.

Avans GmbH is the controller of personal data within the meaning of the Swiss Federal Act on Data Protection (FADP / nDSG). We process personal data exclusively in accordance with the FADP and other applicable Swiss data protection legislation.

Questions about this privacy policy? Contact us at contact@avans.ch.

Avans GmbH

Canton of Zug, Switzerland

E-mail: contact@avans.ch

Website: avans.ch

We collect identification data, including full name, date of birth, and email address.

We collect financial data, including IBAN bank account number, net salary, salary date, withdrawal history, service fees, and settlement information.

We collect employment data, including employer name, employment details, working days per week, and pay slip, including all data shown therein.

Risk assessment data: to operate the service responsibly, Avans carries out automated risk assessments based on user-provided data. This profiling determines whether a user is eligible for the service and which available amount applies. No risk assessment is based on sensitive personal data. You have the right to object to profiling based on legitimate interest, as described in Article 10.

We collect technical data, including IP address, device type and operating system, app version, login data and session data, and application usage data.

We collect communication data, including support messages, complaints, and reports.

3.1 Performance of the agreement (Art. 31 para. 2 lit. a FADP): we process personal data because it is necessary for creating and managing your account, verifying your identity and employment, calculating the available amount, processing withdrawals and payouts, executing automatic salary settlement on the salary date, and handling settlement-related queries and communications.

3.2 Legal obligations (Art. 31 para. 2 lit. c FADP): we process personal data to comply with legal obligations, including financial administration and retention obligations under Art. 958f of the Swiss Code of Obligations (10 years), and compliance with requests from competent authorities and courts.

3.3 Overriding legitimate interest (Art. 31 para. 1 FADP): we process personal data for fraud prevention and risk management, automated risk assessment and eligibility profiling, improvement of the service and application, analysis of anonymised usage patterns for product development, security of the application and Avans systems, and handling settlement exceptions.

3.4 Consent (Art. 6 para. 6 FADP): we process personal data on the basis of your consent for sending marketing communications and newsletters, and for the use of non-essential cookies. Consent may be withdrawn at any time via the application or at contact@avans.ch. Withdrawal of consent does not have retroactive effect.

4.1 During registration, you upload a recent pay slip. Avans uses this pay slip to verify your identity, employment, and net salary.

4.2 Avans may use external verification services for the assessment of the pay slip. Data processing agreements compliant with the FADP are in place with these service providers.

4.3 The pay slip and the data contained therein are used exclusively for verification purposes and the provision of the service. We do not share this data with your employer or other third parties, unless legally required.

4.4 The pay slip document itself is retained for the duration of the agreement and for a maximum of 2 years thereafter, which is sufficient for verification and dispute purposes. The financial data derived from the pay slip (salary amount, employer, salary date) is retained for 10 years in accordance with Art. 958f CO, as part of the financial transaction record.

5.1 Avans shares personal data with third parties only to the extent necessary for providing the service, complying with legal obligations, or on the basis of a legitimate interest.

5.2 The following categories of third parties may receive personal data: payment processors for executing payouts and salary settlements; verification services for verifying identity and pay slip documents; IT service providers and hosting for hosting and managing the Avans application and systems; service providers supporting user contact regarding settlement in exceptional cases; legal advisors and accountants to the extent necessary under a duty of confidentiality; and competent authorities if legally required or upon lawful request from supervisory authorities, law enforcement, or courts.

5.3 Avans never sells personal data to third parties for commercial purposes.

5.4 Avans does not share personal data with the user's employer. The service is entirely confidential vis-à-vis the employer.

5.5 With all parties that process personal data on behalf of Avans, Avans enters into a data processing agreement that meets the requirements of the FADP.

6.1 Avans aims to process personal data within Switzerland wherever possible.

6.2 If transfer to a country outside Switzerland is necessary, this takes place only if that country ensures an adequate level of data protection as recognised by the Swiss Federal Council, or on the basis of appropriate safeguards such as standard contractual clauses, in accordance with the FADP.

6.3 Upon request, Avans provides information about the specific safeguards applicable to transfers outside Switzerland. Requests may be submitted to contact@avans.ch.

Avans does not retain personal data for longer than necessary for the purpose for which it was collected, or as long as legally required.

Account data: duration of agreement + 2 years, based on legitimate interest.

Financial transaction data: 10 years after transaction, based on Art. 958f CO (statutory).

Pay slip document: duration of agreement + 2 years, based on legitimate interest.

Derived financial employment data: 10 years after last transaction, based on Art. 958f CO (statutory).

Payment settlement data: 10 years after settlement, based on Art. 958f CO (statutory).

Communication data: 2 years after last contact, based on legitimate interest.

Technical log files: 6 months, based on legitimate interest.

Marketing data: until consent is withdrawn, based on consent.

After expiry of the retention period, personal data is securely destroyed or anonymised.

8.1 Avans takes appropriate technical and organisational measures to protect personal data against loss, theft, unauthorised access, disclosure, modification, or destruction.

8.2 Avans's security measures include, among others: encryption of data in transit (TLS) and at rest (AES-256), two-factor authentication for system access, restricted access rights based on the need-to-know principle, regular security audits and penetration tests, system monitoring for suspicious activity, and an incident response policy and data breach procedure.

8.3 In the event of a data breach posing a high risk to the rights and freedoms of users, Avans will notify affected users without undue delay, in accordance with the FADP. Where required, Avans will also notify the Federal Data Protection and Information Commissioner (FDPIC / EDÖB).

8.4 If you suspect that your account has been compromised or that there has been unauthorised access, please contact us immediately at contact@avans.ch.

9.1 Avans uses cookies and similar technologies in the application and on the website.

Functional cookies are necessary for the functioning of the application. No consent is required for these. Examples include session management, login status, and language preference.

Analytical cookies are used for analysing application usage to improve the service. We use anonymised data and ask for your consent for these.

Marketing cookies are used for displaying relevant advertisements outside the application. We ask for your explicit consent. Consent may be withdrawn at any time.

9.2 On first use of the application, the user is asked to consent to non-essential cookies. Consent may be changed at any time via the cookie settings in the application.

Under the Swiss Federal Act on Data Protection (FADP), you have rights regarding your personal data.

Right of access (Art. 25 FADP): you have the right to know which personal data we process about you and for what purpose.

Right to rectification (Art. 32 FADP): you have the right to have incorrect personal data corrected or incomplete data completed.

Right to erasure (Art. 32 FADP): you have the right to request deletion of your personal data, unless we have a legitimate interest or legal obligation to retain it.

Right to restriction of processing: you have the right to request restriction of the processing of your personal data in certain circumstances, for example while an objection is being handled.

Right to data portability (Art. 28 FADP): you have the right to receive your personal data in a structured, commonly used, and machine-readable format so that you can transfer it to another service provider.

Right to object to profiling: you have the right to object to the processing of your personal data based on a legitimate interest, including automated risk assessment and eligibility profiling. Avans will then cease such processing unless it can demonstrate compelling legitimate grounds that override your interests.

Right not to be subject to solely automated decisions (Art. 21 FADP): where automated risk assessment affects your eligibility for the service, you have the right to request human review of that decision. Contact us at contact@avans.ch.

Right to withdraw consent: if processing is based on consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing prior to the withdrawal.

11.1 Requests relating to your rights may be submitted by email to: contact@avans.ch.

11.2 To verify your identity, we ask you to include a copy of a valid identity document with your request. Please redact sensitive details such as your passport photo before sending.

11.3 Avans will respond to your request within 30 days of receipt. In complex cases or with a large number of requests, this period may be extended by a maximum of 2 months. We will inform you of any extension within 30 days of receiving the request.

11.4 Exercising your rights is free of charge. If requests are manifestly unfounded or excessive, in particular due to their repetitive nature, Avans reserves the right to charge a reasonable fee or refuse the request.

12.1 Do you have a complaint about the way Avans processes your personal data? Please contact us first at contact@avans.ch. We will be happy to resolve it together.

12.2 If you are not satisfied with our response, you have the right to file a complaint with the Federal Data Protection and Information Commissioner (FDPIC / EDÖB): Federal Data Protection and Information Commissioner (FDPIC / EDÖB), Feldeggweg 1, 3003 Bern, Switzerland. Website: avans.ch.

13.1 The Avans service is exclusively for persons aged 18 or older. Avans does not knowingly collect personal data from minors.

13.2 If Avans determines that personal data of a minor has been collected, this data will be immediately deleted and the account will be blocked.

14.1 Avans reserves the right to amend this privacy policy at any time, for example as a result of new legislation, technological developments, or changes to the service.

14.2 Amendments will be announced via the application and/or by email. The date of the last amendment is stated at the top of this policy.

14.3 We recommend consulting this privacy policy regularly. For material changes, we will seek your consent again where legally required.