These Terms set out the contractual agreements that exist between customers and Helsana when using the Helsana Coach app.
Version 1.0, 5 April 2019
The free Helsana Coach app, which complements the Helsana+ app as a separate app, enables Helsana+ users to increase their well-being every day by finding the right content for their individual health goals. This content is divided into three areas:
The coachings consist of video and audio content that users can access directly via the app. Helsana+ users can use the Helsana Coach app to collect additional Plus points and redeem them in the form of cash or discounts with Helsana partners or donate them to specific social organisations.
As the operator of the Helsana+ app, Helsana Supplementary Insurances Ltd (hereinafter referred to as Helsana) receives from eTherapists GmbH, the technical operator of the Helsana Coach app service (i.e. the service that enables use of the app), only that information which it needs for the awarding of Plus points (cf. section 5.3). Helsana does not receive detailed user information. eTherapists GmbH stores all data from the Helsana Coach app without personal details. eTherapists GmbH only informs Helsana of the completion of an exercise. Helsana is then notified of the progress within a programme, the main category (e.g. exercise) and the subcategory (e.g. Endurance).
For ease of reading, no references are made to male or female individuals. All references to persons apply equally to both genders.
The Helsana Coach app is open to all registered users of the Helsana+ app, including users of the demo version. However, only users of the basic and full versions of the Helsana+ app can redeem points. Upon closure of a Helsana+ user account, participation in the Helsana Coach app ends automatically.
There is no entitlement to be granted admission to the Helsana Coach app. Helsana may refuse admission without giving reasons. In the case of minors, it may also require the written consent of their legal guardian if this has not already been given in connection with the Helsana+ app.
The company eTherapists GmbH, Oppelner Str. 26/27, D-10997 Berlin, is the technical operator of the Helsana Coach app service. It processes the data of the users of the Helsana Coach app on its systems, always without personal details and on the basis of a non-identifying user ID (see also section 5.2). To do this, it takes appropriate technical and organisational measures to ensure that it is not possible to develop a profile and thus to assign the data to a specific person.
In the event that eTherapists GmbH should receive personal data pertaining to a user for whatever reason (e.g. if a user of the Helsana Coach app contacts eTherapists GmbH directly and discloses their identity), it undertakes to comply with the data protection laws it is subject to in its capacity as controller and to ensure that the user's data subject rights in respect of the data received are observed. In this case, eTherapists GmbH shall only process the user's data for purposes of the Helsana Coach app, for responding to any enquiries posed by the user and in order to uphold their data subject rights. Otherwise, eTherapists GmbH shall independently ensure that it has effective consent or another valid legal basis for the respective data processing. Users of the Helsana Coach app shall at no time be required to provide eTherapists GmbH with personal data in order to use the Helsana Coach app or to benefit from Plus points. "Personal data" is any information that refers to a specific or identifiable person.
Helsana Supplementary Insurances Ltd, Zürichstrasse 130, 8600 Dübendorf, is the controller of the data provided to it by eTherapists GmbH within the meaning of the Data Protection Act and is the owner of the resulting personal data collection (as part of Helsana+).
When the button "I want the Helsana Coach app" is pressed within the Helsana+ app, a contractual relationship is established between the user and Helsana regarding use of the Helsana Coach app.
The user or Helsana may terminate the usage agreement at any time. The user can do this by deleting the user account via the Helsana Coach app or by notifying Helsana in writing. Helsana can do this by deleting the user account. It shall give adequate notice of this to the user.
Registration for use of the Helsana Coach app (user account) is processed within the Helsana+ app [button "I want the Helsana Coach app"]. The Helsana+ app then assigns a non-identifying user ID, which it sends to the Helsana Coach app. Helsana therefore does not transmit any personal data to eTherapists GmbH. Rather, Helsana+ app users operate anonymously in the world of the Helsana Coach app from the perspective of eTherapists GmbH, unless they voluntarily disclose their personal data to eTherapists GmbH, e.g. by disclosing their own identity when communicating with eTherapists GmbH; this is not necessary for use of the Helsana Coach app. It is necessary for a user ID to be issued and disclosed to eTherapists GmbH so that the Helsana+ app can award Plus points to its users for the activities they complete in the Helsana Coach app.
The Helsana Coach app transmits the following data along with the user ID of the user so that the Helsana+ app can award Plus points of various amounts when a predefined activity is completed:
As the technical operator of the Helsana Coach app service, eTherapists GmbH does not transmit any detailed data on the completed programmes and daily sessions, such as the exact programme name (including body region). Likewise, the data stored by the user in the settings of the Helsana Coach app, such as gender, year of birth, height, allergies and weight (cf. section 3.1) is not transmitted. Helsana does not have access to this data either. Conversely, eTherapists GmbH has access to all data of the Helsana Coach app. Due to the user's non-identifying user ID, it does not process any personal data (i.e. it does not know who users are) unless users have made themselves known to eTherapists.
As the technical operator of the Helsana Coach app service, eTherapists GmbH collects the following data:
Helsana Supplementary Insurances Ltd processes the data transmitted to it by the Helsana Coach app along with the user ID for sending in-app messages, for awarding Plus points in the Helsana+ app and for clarifying any questions, should the user contact Helsana in this regard. Helsana also processes user IDs to activate, block and delete user accounts within the Helsana Coach app service. It can also use the data to prevent misuse and to conduct non-personal assessments of the use of the Helsana Coach app.
eTherapists GmbH processes user data in order to provide the Helsana Coach app service and to ensure the operation and functioning of the app, to compile anonymous statistics about all users and to provide the Helsana+ app with the relevant data for the awarding of points using the non-identifying user ID (cf. section 3). Furthermore, eTherapists GmbH may process a user's data in order to answer any questions the user may have, provided the user addresses such questions directly to eTherapists.
Helsana does not pass on to third parties any data provided to it by eTherapists GmbH. Nor does Helsana provide eTherapists GmbH with access to personal details relating to such data. It is possible to collect Plus points within the Helsana Coach app without providing any personal data to eTherapists GmbH.
However, Helsana may enlist the services of providers both in and outside Switzerland to operate its systems. These are duly contractually bound by the legal requirements on protecting personal data.
Moreover, in the event of contravention of these provisions, Helsana is entitled to assert indemnity claims for all losses or damages it incurs and initiate criminal proceedings as necessary.
Information, brand names, design and other content of the Helsana Coach app shall not be amended, copied, reproduced, sold, hired out, traded, used, supplemented or in any other way exploited without the prior written consent of Helsana. Other than the rights of use or other rights granted expressly herein, users are granted no further rights of any kind, in particular to the company name or to commercial property rights, such as patents, registered designs or brands, nor is Helsana under a corresponding obligation to grant such rights. If the user posts ideas and suggestions on the Helsana Coach app, Helsana and its contractual partners may use these to develop, improve and market products in its portfolio free of charge.
Users may at any time deregister from the Helsana Coach app free of charge (i.e. delete their user account) and delete it from their device. This does not automatically lead to the deletion of personal data by Helsana. The appropriate Helsana Coach app function ("Delete account") must first be used to delete a user account.
eTherapists GmbH stores the data that it collects within the context of the Helsana Coach app for a period of three years from the date of collection and subsequently deletes it automatically, unless it is required for processing of the Helsana Coach app service. This retention period also applies if users delete their user accounts. If users delete their accounts, the data contained in them is anonymised in such a way that it can no longer be linked to Helsana.
Helsana shall retain the data in connection with the payment of Plus points for ten years from the date of payment, except in individual cases of shorter or longer statutory retention obligations, where otherwise required for reasons of proof, or if there is another exception valid under applicable law or if earlier deletion is indicated (in particular because the data is no longer needed or Helsana is obliged to delete it).
Users of the Helsana Coach app may contact Helsana with queries at any time by using the contact function in the app. If Helsana is not able to answer a query based on the data available, it will forward the query to eTherapists with the psyeudonymised user ID of the anonymous requester.
The Helsana Coach app and Helsana website offer users information on health, fitness and similar topics for information purposes. This is no substitute for personal consultation, care or treatment by specialists, and Helsana shall not be held responsible for the correct use of such information. If the user has a medical condition, it is recommended they consult a doctor before participating in training via the Helsana Coach app. In the event of a medical emergency, users are urgently recommended to contact a doctor or other medical professional; this also applies to specific questions regarding treatment and care or medical complaints.
Use of the Helsana Coach app is exclusively at the user's risk. Likewise, Helsana and eTherapists accept no responsibility for health problems resulting from exercise programmes, consultations, products or events users may learn about from the range of information on health, fitness or similar topics provided in the Helsana+ app and/or on the Helsana website.
Helsana and eTherapists provide no guarantee for the continuing and fault-free functioning of the Helsana Coach app.
Helsana is entitled, in particular in the event of force majeure, technical problems and/or system failures, to temporarily suspend the awarding of Plus points or bonus levels. In such cases, users shall have no claim to the subsequent awarding of Plus points or to a change to another bonus level.
Helsana cannot offer support in every case of malfunctioning of the Helsana Coach app and does not accept any responsibility – to the extent permitted by law – for any material or immaterial damage that may arise from the use of the Helsana Coach app or as a result of technical malfunctions.
Helsana and eTherapists will not pay costs that may arise for insured persons as a result of using the Helsana Coach app.
Helsana and eTherapists are entitled to modify the functionality and design of the Helsana Coach app at any time.
The information provided by eTherapists GmbH, as technical operator of the Helsana Coach app service, is carefully checked and made available according to current knowledge. Helsana and eTherapists cannot give any guarantee or warranty for the accuracy, completeness, adequacy or up-to-date status of such information.
Data traffic with Helsana and with eTherapists GmbH via the functions provided by the Helsana Coach app is routed via a modern online connection that satisfies current security standards. Nonetheless, neither Helsana nor eTherapists GmbH accept any liability for the functioning or absolute security of data transmission.
Helsana and eTherapists do not accept – to the extent permitted by law – any liability for material or legal deficiencies. All other liability on the part of Helsana and eTherapists – particularly for consequential damage – is excluded, unless there is mandatory liability due to statutory provisions for intent or gross negligence, injury to life, body or health, assumption of a quality guarantee, fraudulent concealment of a defect, or infringement of material contractual obligations. However, compensation for infringement of material contractual obligations shall be limited to loss or injury that is foreseeable and typical of such contracts, in the absence of intent or gross negligence.
Users of the Helsana Coach app may at any time request information about their personal data stored and processed by Helsana, or request that it be corrected or supplemented, and may also refuse to authorise the processing of such data or request that it be deleted within the permissible legal and contractual framework.
Requests for information or for the correction or erasure of users' personal data must be sent in writing to the following address, including a signed letter of request and a copy of the person's passport or identity card:
Helsana Supplementary Insurances Ltd
Data Security Officer
In the event that users disclose their personal data to eTherapists GmbH independently of the Helsana Coach app, they are also entitled to exercise their data subject rights vis-à-vis eTherapists GmbH as technical operator of the Helsana Coach app service. In this case, they should send their request to the following address (further information can be found at https://www.humanoo.com/en/data-security/):
Data Security Officer
Oppelner Str. 26/27
Zurich, 5 April 2019
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