SWICA’s terms of use and data protection provisions

Summary

I have read the terms of use and agree that I am over 18 years old. The data entered by me can be used to create a personality profile.

Terms of use

Preamble

The online BENEVITA health platform (hereinafter referred to as “BENEVITA”) is provided by SWICA Healthcare Insurance Ltd. It is intended for individuals (hereinafter referred to as “Users”) who are at least 18 years of age and wish to actively promote their health. These Terms of Use are valid for registering on and accessing BENEVITA.

1. General provisions

1.1 Scope

SWICA Healthcare Organisation (SWICA Group, consisting of SWICA Healthcare Insurance Ltd, SWICA Insurance Ltd, PROVITA Gesundheitsversicherung AG, ProVAG Versicherungen AG, and SWICA Management Ltd – hereinafter jointly referred to as “SWICA”) is committed to maintaining transparent relations with its stakeholders. These Terms of Use govern the contractual relationship between the User and SWICA concerning the use of BENEVITA. Separate provisions apply for additional services, such as coaching calls with santé24 or the SWICA BENEVITA bonus programme (hereinafter referred to as “bonus programme”). Furthermore, the General Terms and Conditions for Online Services (hereinafter referred to as the “GTC Online Services”), which can be downloaded here, also apply to these Terms of Use.

1.2 Platform providers

BENEVITA is an additional service that SWICA provides to all interested Users and its insured persons. SWICA is the User’s contracting party when using BENEVITA. 3AP AG, headquartered at Vulkanstrasse 106, 8048 Zurich, is the technology supplier and the technical operator of BENEVITA.

1.3 Registration

In order to log in to BENEVITA, users must first register with BENEVITA. These Terms of Use apply in this regard. With regard to data protection, Section 5 of these Terms of Use applies.

1.4 Statement of understanding

By registering and accessing BENEVITA and any of its sub-pages, the User declares to have understood and agreed to the GTC Online Services and the following Terms of Use regarding registration and access to BENEVITA. Users who do not agree with the GTC Online Services and the following Terms of Use must refrain from using BENEVITA.

1.5 Use of BENEVITA

In principle, anyone can use BENEVITA, even if they don’t participate in the bonus programme. Nevertheless, SWICA reserves the right to display certain content only to its insured persons who additionally participate in the bonus programme.

1.6 Participation in the bonus programme

Individuals insured with SWICA can also use BENEVITA to register for the bonus programme and benefit from premium discounts, provided they meet the relevant conditions. These Terms of Use set out the contractual relationship between the User and SWICA in relation to SWICA’s content on the platform.

1.7 Relationship with other Terms of Use

Users of SWICA websites are subject to the legal provisions for these websites (hereinafter referred to as the “Terms of Use of SWICA Websites”). For the use of BENEVITA, the GTC Online Services and these Terms of Use take precedence.

2. General information about using the platform

The information and applications that SWICA makes available on BENEVITA cannot replace advice or treatment from medical experts. SWICA’s suggestions for Users are in no way to be understood as binding or as medical advice, and Users must never independently make diagnoses, take medication, or attempt to administer treatment based on such information or analyses.

3. Contract start, term, amendment and termination

Users who confirm their acceptance of these Terms of Use also agree to their provisions and to the GTC Online Services, and a contract is therefore formed between the User and SWICA.
The User can terminate the contract at any time and without prior notice by having his user account deleted. SWICA will then delete all personal data. If the user also participates in the BENEVITA bonus programme, all discounts from the bonus programme will lapse when the user account is deleted. SWICA is entitled to discontinue or modify a service or its entire range of services at any time without compensation.

4. Prices and services / additional offers from SWICA

In principle, Users can access BENEVITA free of charge.
In addition to the free basic service, the User has the option of acquiring additional premium features, applications, offers, content or goods (“Services”) from SWICA and/or third parties.

The free BENEVITA health platform basic offering includes the following services:

  • Articles on the topics of health, exercise, nutrition and prevention; information about leisure activities
  • Suggestions for preventive healthcare measures, tailored to the age and gender of Users
  • The possibility to contact a santé24 coach for advice
  • Connection of activity and fitness trackers

5. General data protection provisions

5.1 Applicable data protection provisions of SWICA

If the user logs on to BENEVITA, the following information must be provided: first name, surname, language, email address and password. When SWICA processes data – also of non-participants in the bonus programme – in connection with BENEVITA, these Terms of Use take precedence and SWICA’s data privacy statement, which is accessible here, applies secondarily. SWICA’s data privacy statement governs data processing at SWICA unless Sections 5, 6 and 7 below provide otherwise. In addition, SWICA’s data privacy statement governs Users’ rights with regard to data that SWICA has processed.

5.2 Applicable statutory provisions

SWICA complies with the provisions of the Swiss Data Protection Act. In particular, SWICA does not share personal information about users with third parties unless authorised to do so and protects the personal data entrusted to it against unauthorised access by taking appropriate technical and organisational measures.

5.3 Data storage and deletion

The data is stored electronically by our hosting partner Ops One AG, Weststrasse 77, 8003 Zurich. The data is stored for as long as Users have their personal BENEVITA profile.
Users who wish to delete their profile must delete it completely. This will result in all data being deleted from the profile.

5.4 Rights of the affected parties

The user can assert his rights against SWICA. Users’ rights are laid out in SWICA’s data privacy statement.

5.5 Web analysis and cookies

COOKIES

Like many other websites, we also use “cookies”. Cookies are small text files that are transferred from a website server to your hard drive.

You can find our current guidelines for cookies here.

You can delete individual cookies or all of them via your browser settings. We also provide information and instructions on how to delete these cookies or stop them being stored in the first place. Depending on your browser, you will find the information you need under the following links:

Mozilla Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
Internet Explorer : https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Google Chrome: https://support.google.com/accounts/answer/61416?hl=en
Opera: http://www.opera.com/en/help
Safari : https://support.apple.com/kb/PH17191?locale=en_GB&viewlocale=en_DE

6. Data processing by SWICA – persons not insured with SWICA

When non-SWICA customers log on to BENEVITA, no further data will be collected than what has already been collected when they registered.
Users can add further data to their profile that is not absolutely necessary when using BENEVITA but that can improve the functionality of SWICA’s pages.

When users register with BENEVITA, SWICA receives the email address they specify. SWICA can use this address for marketing purposes. In other words, SWICA can send the User relevant offers by email. Users’ behaviour on BENEVITA determines the relevance of the offers they receive; however, they can bar SWICA from using their email address for marketing purposes at any time.

Apart from the Challenges, SWICA has no way of seeing or knowing what information Users enter in BENEVITA at any time. In particular, SWICA has no way of seeing or knowing whether Users are linked to a fitness tracker via BENEVITA.

If Users participate in a Challenge, SWICA can compile a list about who signed up for which Challenge and analyse the answers per User that were entered. These results can be matched to the respective email address, making it possible to identify a winner. The analyses are also used to determine User behaviour.

SWICA can use this information within SWICA Group companies to provide Users with especially relevant information about BENEVITA and to inform them about customised offers, products and services. It can also use such information to do market research and for marketing purposes.
In the case of support requests, SWICA only processes the data within the scope of the request.

7. Data processing by SWICA – persons insured with SWICA

SWICA identifies Users who participate in the bonus programme when they register on BENEVITA. The following data categories must be specified in order to identify the User as a SWICA customer.
When registering on BENEVITA, Users are identified based on the entry and verification of the following data:

• Surname
• First name
• Date of birth
• Insurance no.
• Insurance cover
• Completed declaration questionnaire based on the conditions of participation in the BENEVITA bonus programm

Users can add other information to their profile that is not necessary when using BENEVITA. Entering additional information in the user profile is non-binding.
By registering on BENEVITA, Users agree that their email address may be used for marketing purposes. In other words, SWICA can send the User relevant offers by email. Users may bar SWICA from using their email address for marketing purposes at any time.
Apart from the Challenges, SWICA has no way of seeing or knowing what information Users enter in BENEVITA at any time. In particular, SWICA has no way of seeing or knowing whether Users are linked to a fitness tracker via BENEVITA.
SWICA can use this information within SWICA Group companies to provide Users with especially relevant information about BENEVITA and to inform them about customised offers, products and services. It can also use such information to do market research and for marketing purposes.
In the case of support requests, SWICA only processes the data within the scope of the request.

8. Guarantee and liability

SWICA aims to ensure that the BENEVITA platform functions correctly. However, it does not guarantee that the platform is error-free and available at all times.
Although SWICA uses due care when researching and distributing information, it rejects all responsibility for the information on BENEVITA to the extent permitted by law. In particular, SWICA does not guarantee that the content is correct, up to date and complete or suitable for a particular purpose. This does not apply to information of a binding (e.g. quotations) or contractual nature.
Users are aware that BENEVITA is offered via the internet, an open and freely accessible network. Despite state-of-the-art security technologies, it is impossible to ensure absolute security on SWICA’s side, on the User’s side, or during data transmission.
To the extent permitted by law, SWICA rejects all liability for any direct or indirect damage the User may suffer from using BENEVITA in any way. In particular, this includes damage resulting from using information or analytical findings; from transmission errors, technical problems, interruptions or disruptions; or from illegal acts by third parties.
Moreover, SWICA cannot be held liable for any third-party services that are provided through BENEVITA.

9. Final provisions

SWICA reserves the right to change its services and these Terms of Use at any time and without stating the reasons. Users will be informed about such changes in a suitable manner in advance. If the User has provided an e-mail address, SWICA can send messages to the User’s e-mail address registered in the system; once sent, these messages will be deemed both sent and delivered. Users who object to the changes can terminate the contract or delete their BENEVITA profile at any time. If the contract is not terminated within 30 days after the notification is sent, the changes are deemed to have been accepted by the User.

10.   Applicable law and place of jurisdiction

All legal relationships between SWICA and Users are subject to Swiss law, with the exception of private international law and international conventions.
The exclusive place of jurisdiction for all proceedings is SWICA’s Head Office in Winterthur, unless Swiss law provides otherwise.