Privacy Policy

The privacy regulations serve to protect the personal privacy of employees in connection with personal records at Top Family Care.

Article 1 Definitions

1.1 Personal Data
Data relating to or traceable to an individual natural person.
1.2 Medical or psychological data
Personal data, relating directly or indirectly to the physical or mental condition of registrants, collected by a health professional in the course of his or her professional practice.
1.3 Registration
A collection of data listed under 1.1 and 1.2, whether recorded in automated files or not.
1.4 Registered
A natural person whose data are included in the registry.
1.5 Holder of Registration
The management of Top Family Care.
1.6 Administrator of the registration
The person who, under the responsibility of the holder, is charged with the daily care of the registration or part of it.
1.7 User of the personal registration
The person authorized by the holder to enter data in the registration, to modify it or to take cognizance of the data.
1.8 Register
Document that records which data mentioned in 1.1 and 1.2 has been provided to which third parties.
1.9 Third party
The person, not falling under the direct responsibility of Top Family Care, to whom data from the registration is provided.

Article 2 Purpose
The purpose of the registration is to have, keep and promptly provide medical and other information from and about registrants for the purpose of providing efficient and effective services for the benefit of registrants and their employers as well as legally required reports. The latter includes, in particular, reports to business associations and other competent authorities.

Article 3 Scope
These regulations apply to all data mentioned under Article 1.1 and 1.2 that are recorded by Top Family Care in computerized or non-computerized files.

Article 4 Recorded data
The data recorded in the files, computerized or otherwise, shall relate exclusively to:

  1. personal details/identifying information
  2. financial / administrative data
  3. medical/psychological data
  4. company data

Article 5 Origin of data
The registration contains only data from:

  • The registered himself. If the registered person is under eighteen years of age and cannot be considered capable of a reasonable appreciation of his interests, the parents or guardian shall substitute for the registered person.
  • Registrant’s employer.
  • Individuals, companies, institutions or organizations from whom data listed under Articles 1.1 and 1.2 have been requested by Top Family Care after written approval from the registrant.
  • Reports commissioned by Top Family Care for the benefit of the registrant or the registrant’s employer.

Article 6 Rights of the registered
6.1 Notification
The administrator of the registration is responsible for informing the registered about the existence of the registration, the associated privacy regulations and where the regulations are available for inspection.
6.2 Refusal of inclusion of data
The registrant has the right to refuse inclusion in the registration or to demand deletion of data traceable to him or her. The registrant must notify the registrar in writing. If the administrator is of the opinion that the inclusion of the said data is indispensable for the proper performance of Top Family Care’s duties (imposed by law), he or she shall forthwith notify the registered person in writing, stating reasons. If registered and administrator cannot reach an agreement between themselves, the registered may turn to the holder, who will make the final decision.
6.3 Right of inspection
The registrant has the right to inspect the recorded data. If the administrator believes that direct inspection will result in harm to the health of the registrant, he may advise the registrant to be accompanied by a person to be designated by the registrant.
If desired, the registrant may obtain copies of the data recorded about him or her at cost.
Inspection can be granted only after sufficient identification. The administrator is then obliged to grant the requested inspection within one month.
Inspection may be refused only if at the time of application there is a judicial investigation or legal proceedings in progress. In this case, the registrant should contact the authorities in charge of the investigation or the relevant judicial body.
6.4 Right of Correction
The registrant may request in writing and stating reasons, the administrator to correct or supplement the data relating to him or her that are included in violation of these regulations or are irrelevant. The administrator shall communicate his decision in writing to the registrant within one month. An appeal of a negative decision is open to the holder.

Article 7 Retention periods and destruction of data
Unless otherwise stipulated by legal requirements or a judicial or legal investigation is underway, data traceable to the person shall be destroyed five years after the death of the registrant. In case of departure abroad or resignation from the employer, the personally traceable data of the registered person will be destroyed after fifteen years. Specific exposure data for specific substances are destroyed after 40 years.
Management determines the method of destruction.

Article 8 Provision of data to third parties
The data mentioned under article 1.1 and 1.2 are in principle only intended for internal use at Top Family Care; i.c. the company doctors and administrative medical staff. Information to third parties, including core experts, will be provided only with the registered person’s specific consent. Focused consent means that it must also be clear to the registered person for what purpose data is being provided, what data is involved and what the possible consequences of the provision are.

Exceptions are:

* provision of a limited number of relevant data necessary for (legally) required reporting business associations, insurance companies or government agencies to the extent necessary for their task performance
* Provision of data to the employer about the work for which the registered person is/is no longer suitable and what adjustments or work facilities in the context of work resumption / reintegration may possibly be made by the employer for this purpose (no exchange of socio-medical data).
* anonymized and non-personally identifiable data, intended for scientific research only
* disclosure of data to those directly involved in the current care or assistance provided to the registrant, if such data is used solely in the context of counseling the registrant.

Article 9 Management
The administrator shall ensure proper security of the data entrusted to him, whether in automated form or not. Subject to the provisions of Article 6, he is authorized to include changes or additions to the data only if provided by registrant, his employer or users of the record. The administrator shall keep a record for at least five years of to whom external information about a registrant has been provided.

Article 10 Use of the registration
The users of the registration include all experts designated by Top Family Care who are in charge of performing the tasks assigned to Top Executive Care. They signed a confidentiality agreement to that effect. To the extent necessary for the purpose of carrying out the tasks assigned to them, they are authorized to take cognizance of the data referred to in Articles 1.1 and 1.2 and, if necessary, to supplement or amend them.

Article 11 Complaints
If the registered person believes that the provisions of these regulations are not complied with or has other grounds for complaint, he should contact the holder of the registration. If this does not result in an acceptable outcome, the registrant has the following options to use an independent complaint handling arrangement operating within the institution. The registrant may apply to the Data Protection Board and has the option of appealing to the courts.

Article 12 Amendments to the Regulations
Any amendment to these Regulations shall require the consent of the holder.

Article 13 Entry into force
These regulations shall enter into force on November 2, 2009.

Article 14 Retrievable
These privacy regulations are retrievable from the holder.

Article 15 Personal Data Protection Board
The personal registration is registered with the Personal Data Protection Board.

Article 16 Final Provision
In all cases not covered by these regulations, the holder shall decide. Insofar as he deems necessary, he shall amend these regulations immediately upon ascertaining the necessity.