Special Conditions for the BENEVITA Health Platform
I. General information
Use of the BENEVITA Health Platform (hereinafter “BENEVITA”) presupposes acceptance of
- the General Terms and Conditions for SWICA Online Services (hereinafter “GTC”),
- the legal provisions for use of SWICA’s website (hereinafter Legal Information)
- the Data Protection Declaration of SWICA, and
- the supplementary “Special Conditions” for the BENEVITA Health Platform (hereinafter “BENEVITA Conditions”).
In principle, the General Terms and Conditions for SWICA Online Services and legal provisions for use of the SWICA websites take precedence over the BENEVITA Conditions. With regard to data processing, the “BENEVITA Conditions” of the Data Protection Declaration as well as the GTC take precedence. This rule applies unless the precedence of another provision has been expressly defined.
In accordance with Section 1.2 of the GTC, the “BENEVITA Conditions” can be supplemented, modified or replaced. Information about changes will be provided via BENEVITA and requires users to reconfirm their consent to the “BENEVITA Conditions.”
BENEVITA is managed by SWICA Healthcare Insurance Ltd, Römerstrasse 38, 8400 Winterthur, UID CHE-109.337.400 (SWICA Healthcare Insurance Ltd. acts on behalf of all SWICA Group companies, in particular SWICA Insurance Ltd, SWICA Management Ltd, and PROVITA Health Insurance Ltd), hereinafter “SWICA”.
The operator and technology supplier of BENEVITA is the company 3AP AG, with head office at Vulkanstrasse 106, 8048 Zurich.
The hosting partners of BENEVITA are the companies Ops One AG, Weststrasse 77, 8003 Zurich, and Swisscom Schweiz AG, Alte Tiefenaustrasse 6, Worblaufen, 3050 Bern.
All service providers act on behalf of SWICA and are subject to corresponding contractual obligations.
II. Use of BENEVITA
BENEVITA is an additional service that SWICA provides to all interest users and its insured persons.
BENEVITA is intended exclusively for use in Switzerland. Users can access BENEVITA via foreign mobile networks or internet connections at their own risk. SWICA explicitly states that the use of BENEVITA abroad can be subject to the law of the country in which the customer is located at the time. SWICA has no influence on this and therefore advises against using BENEVITA outside Switzerland. Furthermore, SWICA cannot guarantee that the information and services of BENEVITA will be available outside Switzerland.
III. Registration and legitimation
The use of BENEVITA requires prior registration. Registration on the website is possible for persons already insured with SWICA as well as others.
The minimum age for independent use of BENEVITA is 18 years.
The following personal data must be provided during registration:
- First name,
- Email address and
Further data can be added voluntarily in the user profile.
I. Use of BENEVITA
BENEVITA is intended for individuals (hereinafter referred to as “User”) who are at least 18 years of age and wish to actively promote their health.
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.
Separate conditions apply to additional services such as the Coaching Calls with santé24, SNAQ, and the BENEVITA bonus programme (hereinafter “Bonus Programme”). The separate provisions are displayed before the service is used for the first time. The User can access the service only after having given his or her consent.
- Articles on health, exercise, nutrition and prevention; as well as information about leisure activities
- Connection to activity and fitness trackers
The information and applications that SWICA makes available on BENEVITA cannot replace the advice or treatment that medical experts provide. In no case are SWICA’s suggestions to the User binding, nor can they be interpreted as medical advice in any way. Under no circumstances is it permitted to make any diagnosis independently nor to dispense medication or administer treatment based on any information or evaluations obtained from BENEVITA.
3.3 Participation in the bonus programme
3.5 Prices of services
Users can access the services on BENEVITA free of charge.
II. Contract term, amendment and termination
Users can cancel their BENEVITA account at any time. SWICA will then delete all personal data.
SWICA can discontinue or modify a service or its entire range of services without compensation at any time.
III. Data protection and processing
SWICA complies with the provisions of the Swiss Data Protection Act. In particular, SWICA does not share any of the Users’ personal data with third parties unless there is legal basis for doing so or the person concerned has provided his or her consent. SWICA protects the personal data it has obtained against unauthorised processing by means of appropriate technical and organisational measures.
When a User logs on to BENEVITA, no further data will be collected than what has already been collected at the time of registration. SWICA can use the email address for marketing purposes, i.e. to send the User relevant offers by email. Users 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 which User signed up for which Challenge and analyse the results. These results can be matched to the respective email address, making it possible to identify a winner. In the case of support requests, SWICA only processes the data within the scope of the request.
4.1 Data transmission
Data is transmitted via public networks (e.g. mobile phone and internet). Data transmission is protected by state-of-the-art measures that SWICA cannot influence.
4.2 Data storage
The hosting partners are the companies Ops One AG, Weststrasse 77, 8003 Zurich, and Swisscom Schweiz AG, Alte Tiefenaustrasse 6, Worblaufen, 3050 Bern. The data is stored for as long as Users have their personal BENEVITA profile. Users who wish to delete their personal data must delete their entire profile.
a. Purpose and nature of processing:
Like many other websites, SWICA uses “cookies”, which are small text files that are transferred from a website server to your hard drive. This automatically provides SWICA with a range of data, such as the IP address, browser used, operating system and your internet connection.
Cookies cannot be used to launch programmes or transfer viruses to a computer. The information we obtain from cookies helps us to make navigating easier for you and ensure that our platform is displayed correctly.
Under no circumstances will SWICA pass on the data it collects to third parties or link it to personal data without your consent.
You can also view the BENEVITA platform without activating any cookies. However, deactivating the cookies may cause some functions or displays of the platform to no longer function.
You can find our current guidelines for cookies here.
You can delete individual cookies or the entire cookie inventory in the browser settings. The information and instructions for the browser you are using are available under the following links:
- Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-loeschen-daten-von-websites-entfernen
- Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
- Google Chrome: https://support.google.com/accounts/answer/61416?hl=de
- Opera: http://www.opera.com/de/help
- Safari: https://support.apple.com/kb/PH17191?locale=de_DE&viewlocale=de_DE
4.4 Rights of the customer
The User can assert the rights of the affected person against SWICA in connection with personal data that is processed. The User’s rights are laid out in SWICA’s Data Protection Declaration.
SWICA rejects all liability for any direct or indirect damage the User may suffer from using BENEVITA in any way.
V. Applicable law and legal venue and
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.
General Terms and Conditions (GTC) for SWICA Online Services
I General scope
SWICA Healthcare Insurance Ltd. (acting for all companies of SWICA Healthcare Organisation, in particular SWICA Insurance Ltd, SWICA Management Ltd, PROVITA Health Insurance Ltd, hereinafter “SWICA”) offers a range of online services on a variety of digital applications (hereinafter “Online Services”) to its customers and to persons and/or companies, public-sector institutions, associations and clubs which have a legal relationship with SWICA (hereinafter “Users”).
SWICA may change (i.e. reduce or expand) the range of Online Services at any time or bar access to them completely.
These General Terms and Conditions for SWICA Online Services (hereinafter “GTC”) govern the relationship between SWICA and the User when using Online Services.
1.1 Legal Information
Some of SWICA’s Online Services require an additional agreement (“Special Conditions”) for which consent must be obtained separately. By using Online Services or registering for them, the User accepts these GTC.
If Special Conditions apply, SWICA’s Online Services are activated as soon as the User accepts them electronically.
1.2 Amendment of the GTC
SWICA expressly reserves the right to amend these GTC and any Special Conditions at any time. Any such amendment will be communicated to the User electronically or in another appropriate manner and is deemed to have been approved unless an express objection is raised within one month of notification, but in any case the next time the Online Services are used. If the GTC or the Special Conditions are rejected, access to the respective service is no longer possible.
II Accessing the Online Services
2.1 Access rights
Unless expressly defined otherwise, the Online Services are generally available to all authorised Users, as defined in Section I, who meet the following requirements:
- Active contractual or insurance relationship with SWICA
- Own email address
- Additional requirements, which are defined in accordance with the Special Conditions for some Online Services, are reserved.
2.2 Registration and legitimation
To access the Online Services and the offers contained therein, the User must register with all personal means of identification required for the Online Service in question (e.g. user name, PIN/password, security code). SWICA specifies the type of registration that is required and confirms successful registration accordingly. Written registration is required for some Online Services.
SWICA considers anyone who registers in accordance with the requirements of the relevant Online Service to be authorised to use that service.
III User’s duty of care
SWICA draws the User’s particular attention to the following duties of care when using Online Services:
- The User must ensure that all access data is kept secret and protected against misuse by unauthorised persons. In particular, PINs/passwords must be changed immediately upon receipt and may not be recorded, shared or stored on the terminal device without protection. PINs/passwords must not be easy to guess or otherwise ascertain.
- Unless expressly defined otherwise, it is not permitted to use the Online Services for third parties. The use of Online Services in the context of the legal right of representation or a legally valid power of attorney remains reserved.
- Online Services may be used only in accordance with the contract and for the intended purposes.
- No industrial property rights, copyrights or other property rights may be infringed.
The User bears all risks arising from the infringement of the above-mentioned duties of care.
IV Instructions and messages
Provided that registration has been carried out in accordance with Section 2.2, SWICA is authorised to execute instructions placed with it via the Online Services and to act on messages received.
V Security notes / blocking and termination of contract
5.1 Security notes
Access to the Online Services is via the internet. Despite state-of-the-art security precautions, it is not possible to guarantee absolute security either on SWICA’s side or on the User’s side. The User’s terminal device is part of the internet and is outside SWICA’s control.
SWICA draws the User’s particular attention to the following risks when using Online Services:
- Inadequate system knowledge and security precautions on the terminal device can facilitate unauthorised access. SWICA therefore strongly recommends that Users equip their terminal devices with up-to-date protection programs and use a password to protect their use of the internet connection.
- If there is any suspicion that unauthorised third parties have become aware of the access data, it must be changed without delay and, where necessary, SWICA must be asked to blocked access.
- SWICA has no influence on whether or how the internet provider selected by the User analyses data traffic. If there is no activity on the Online Services for a defined period of time, the current session will be terminated automatically for security reasons and the User will have to log in again. There is a latent risk that a third party may gain access to the User’s terminal device while Online Services are being used without the User being aware that this is the case.
- When using a network (e.g. the internet, SMS, WLAN), there is a risk that malware etc. could spread to the terminal device when it is connected to the network. Security software which is available on the market can help the User to take appropriate security precautions.
- Despite the use of state-of-the-art security technologies, there can be no guarantee of absolute security in the context of data transmission.
- The data can be transmitted uncontrolled across borders. This also applies even if both the sender and the receiver are located in Switzerland. Although the individual data packets are transmitted in encrypted form, the senders’ and recipients’ details are unencrypted. It is therefore possible to conclude that a customer relationship exists between the User and SWICA.
- SWICA rejects all liability for the consequences of non-compliance with the safety notes.
If security risks are identified, SWICA reserves the right to block access to the Online Services until further notice in the interests of the User and for the protection of SWICA.
In the event of suspected misuse of the Online Services (e.g. repeated entry of an incorrect password), SWICA reserves the right to block access to the Online Services temporarily at any time.
5.3 Contract termination
Unless otherwise stipulated in the Special Conditions, Online Services are automatically terminated as soon as the User no longer has a contractual relationship with SWICA. It is the User’s responsibility to save all data and documents that he wishes to keep after the end of the contract outside the Online Services. The use of Online Services in the context of the legal right of representation or a legally valid power of attorney remains reserved.
Upon termination of the Online Service, all User data held by SWICA will be deleted to the extent that this is technically and reasonably possible and legally permissible. Data stored in backups is not subsequently removed.
VI Data protection and data use
6.1 Data protection
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.
SWICA’s executive bodies, employees and agents are legally obliged to maintain confidentiality with regard to Users’ personal data and business documents.
6.2 Data use
The data entered in the course of registration (e.g. insured person no., date of birth, postcode) are used for authentication purposes only. Users of Online Services are advised to observe the data protection provisions in the respective Special Conditions and the corresponding purposes for data processing and data use.
VII Cookies and analytics
SWICA analyses usage of the Online Services and produces anonymous evaluations. These help SWICA to continually optimise its Online Services. Cookies (small text files which include an identification number) enable SWICA to improve the service for users and identify former visitors.
If the User does not wish to have cookies, the browser can be set so that incoming cookies are rejected or are stored only after permission has been given. In order to enhance navigation convenience for Users, SWICA recommends that they accept cookies and do not delete them. If cookies are blocked, it may not be possible to make full use of all Online Services.
VIII Hyperlinks / third-party content
Online Services may contain hyperlinks to the websites or online services of third parties (hereinafter: “Third-Party Services”) which are not maintained by SWICA and which are unconnected with SWICA. SWICA has no control over Third-Party Services and therefore accepts no responsibility and offers no guarantee in respect of such services.
IX Foreign legal systems / import and export restrictions
Under some circumstances the use of Online Services abroad may violate the rules of foreign law. It is the User’s responsibility to inform himself accordingly. SWICA rejects all liability in this regard.
The User further acknowledges that there may be import and export restrictions for encryption algorithms which he may infringe if he uses Online Services abroad.
X Intellectual property
All intellectual property rights to the contents of the Online Services remain with the owners of these rights. Any reproduction, publication, modification or distribution of the contents of the Online Services without prior authorisation from SWICA is prohibited.
XI Warranty and liability
SWICA takes all appropriate technical and organisational measures to ensure the proper operation of the Online Services, but cannot guarantee that the Online Services will be available at all times or will be error-free. In particular, maintenance work may result in temporary interruptions of the Online Services. SWICA cannot be held liable if the User suffers any damage in such cases.
To the extent possible under the law, SWICA rejects all liability for direct or indirect damage which the User may suffer in connection with using the Online Services. In particular, this includes damage caused as a result of using information and damage caused by transmission errors, technical problems, interruptions, disruptions or illegal acts by third parties.
SWICA will also not be held liable if the Online Services are interrupted, limited in part or in whole, or rendered inoperative due to force majeure or third party culpability. Force majeure includes but is not restricted to power failure, malware (e.g. viruses), natural phenomena of special intensity (e.g. earthquakes, avalanches, floods and landslides), warlike events, insurrection and unforeseeable official restrictions.
As a matter of principle, access to the Online Services is provided to the User free of charge. SWICA reserves the right to introduce fees for its Online Services or to modify existing fees at any time. In such cases, Users will receive new GTC for acceptance in accordance with Section 1.2.
The use of Online Services may entail fees from network operators (e.g. fees for transmission, data and roaming) for which the User alone is responsible. This is particularly important when large volumes of data are downloaded in the context of Online Services.
XIII Applicable law and place of jurisdiction
All legal relationships of the User are subject to Swiss law with the exception of any conflict-of-law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is SWICA’s head office in Winterthur, unless otherwise provided for in mandatory Swiss law or the General Insurance Conditions (GIC) for insurance contracts.
XIV Final provisions
If any provision of these General Terms and Conditions should be or become ineffective, this shall not affect the effectiveness of the remaining provisions.
All ancillary arrangements and agreements between the User and SWICA must be in writing. The place of performance is SWICA’s Head Office.