Terms of use for the Helsana+ app

These Terms set out the contractual agreements that exist between customers and Helsana when using the Helsana+ app.

A. Terms of use

The Helsana+ app is the free-of-charge bonus programme of Helsana Supplementary Insurances Ltd (hereafter “Helsana”). The programme allows points to be collected for health-conscious behaviour, social and societal commitment, and loyalty to Helsana. The collected Plus points can be redeemed for cash, vouchers, etc., or in the form of bonus advantages (e.g. discounts) with Helsana partners. 

Helsana processes all data arising from the use of the Helsana+ app for the purpose of health promotion, as well as for operating and testing the effectiveness of the Helsana+ app.

In order to use the Helsana+ app and its contents, users are required to give their consent to these terms of use and data protection provisions.

The Helsana+ app can be downloaded free of charge from Swiss app stores. Downloading the Helsana+ app is subject to the conditions of the respective app store. 

For ease of reading, no references are made to male or female individuals. All references to persons apply equally to both genders.

The bonus programme is used with an app. Offline use is prohibited.

All persons of full age who are eligible for the demo, basic and full versions. 

In addition, all underaged persons who are at least 12 years of age and whose participation in the bonus programme has been expressly approved by a legal representative are eligible to use the demo, basic and full versions.

There is no automatic entitlement to participate in the bonus programme. Helsana reserves the right to refuse to accept participants without explanation.

Users register with their e-mail address and set a password of their choice. Users are advised to change their password at regular intervals. The usage agreement for the Helsana+ app comes into effect at the end of the registration process. 

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+ 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.

3.1 Demo version registration

Both customers and non-customers may familiarise themselves with the Helsana+ app by using the demo version. The demo version introduces users to all the functionalities of the app and allows them to collect a limited number of Plus points (see section 6.2 for information on redeeming Plus points).

3.2 Basic version registration

Users of the basic version require a current insurance relationship (basic insurance) with Helsana Insurance Company Ltd. These users upload a picture of their insurance policy for registration and once a year again or give consent once a year for Helsana to automatically check the contractual relationship, whereby only information about the existence of basic insurance and no other information about insurance coverage is requested.

Underaged users must also upload confirmation of their permission to use the app from their legal representative.

3.3 Full version registration

Users of the full version require a current insurance relationship with Helsana Supplementary Insurances Ltd.

To register for the full version, users must enter their insurance number, postcode and date of birth for identification purposes.

Underaged users must also upload confirmation of their permission to use the app from their legal representative.

Helsana checks annually whether a contractual relationship still exists with this information.

When users open the Helsana+ app after registering, they are already logged in. Users can log out of the Helsana+ app at any time. If they do so, the next time they open the app, they must re-enter their login data (e-mail address and password).

Helsana may at any time, and without prior notice, amend these terms of use and data protection provisions as well as the conditions of the bonus programme. The only applicable version is the currently valid one, which the user must accept in order to continue using the app.

6.1 General

When users complete a daily target or an activity, they are credited with a number of Plus points set by Helsana. The number of points that can be collected is limited per calendar year and depends on whether the user has the demo, basic or full version. When the annual point limit is reached, users are informed that they cannot collect any more Plus points in the current calendar year.

6.2 In the demo version

Users of the demo version can also collect a limited number of Plus points or achieve a bonus level. To redeem the Plus points and to benefit from the advantages of the bonus level achieved, they must register for the basic or full version (see section 3). 

Users of the demo version can transfer their collected Plus points to the basic version or the full version according to the rules in section 6.3.

6.3 In the basic version and full version

Compared with the demo version, the basic version allows users to collect a higher number of Plus points per year, redeem Plus points for cash payments and benefit from the advantages of the respective bonus level.

The full version further increases the number of Plus points that can be collected.

6.4 Validity of Plus points, no transferability or heritability

In terms of redemption, Plus points are always valid until completion of the next calendar year, i.e. always for at least 12 and at most 24 months. When participation in the bonus programme is ended – either by the user or Helsana – the Plus points collected up to that point cease to be redeemable. Any Plus points collected are neither transferable nor inheritable.

6.5 Bonus level

When a certain bonus level is reached, users of the basic and full versions receive, among other things, reductions on particular goods or services from partners taking part in the bonus programme.

6.5.1 Validity of the bonus level

A user’s bonus level remains valid only until completion of the current calendar year, i.e. for a maximum of 12 months or within a calendar year. The reductions from Helsana partners that are achieved by means of a bonus level are neither transferable nor inheritable. 

6.6 Redemption or donation of Plus points

Users have the opportunity to redeem the Plus points they have collected in the form of cash or a voucher in accordance with the Helsana+ app conditions. Users may also donate the Plus points they have collected to social institutions selected by Helsana. 

6.6.1 Acquisition of partner vouchers

If their balance is sufficient, users also have the opportunity to exchange their Plus points for vouchers from a Helsana partner. The Helsana partner’s conditions apply in this respect. 

The vouchers from the Helsana partners are personal and cannot be transferred to third parties.

Users can collect Plus points for various general activities as well as for time-limited and one-off activities. 

The proof to be produced for these depends on the individual activity. Helsana has full discretion to decide which activities are eligible for the bonus, the size of the bonus and what proof is needed. It may also make changes at any time.

Any competitions associated with these activities may also have their own terms of use. These are listed in the description of each activity.

Through in-app and push notifications users receive feedback on the activities completed within the app and are notified of time-limited activities and other health and insurance-related topics. Users can switch off or reactivate in-app and push notifications on their smartphone at any time.

9.1 Types of proof

Users can use the following methods to provide proof of the activity concerned:

  • Upload a photo
  • Use a tracker connection 
  • Connect to other apps from Helsana
  • Earn points via app, e.g. for contractual fidelity
9.2 Automated Individual Decision

The decision whether to accept or reject a photo evidence is made, if possible, as an automated individual decision, using our own resources or via Google's image verification services. Google uses these images solely for the purpose of checking whether they meet the requirements for the award of plus points. Google stores the images temporarily for a short period of time. Afterwards they are deleted (see «Google Cloud Platform License Agreement» https://cloud.google.com/terms/ and «Data Processing and Security Terms» https://cloud.google.com/terms/data-processing-terms). If the decision cannot be made automatically, the image check is performed manually by authorized employees at Helsana. Decisions made automatically are marked accordingly.

Such automated individual decisions are made because they are necessary for the use of the app and appropriate measures are in place to ensure that the rights and legitimate interests of the data subjects are protected (see section B 2).

9.3 Time limits for submitting proof

Users must send Helsana their proof within the calendar year in which the activity took place.

9.4 Right to make corrections at any time

Helsana reserves the right to make corrections at any time (e.g. to deduct Plus points or change the bonus level) if errors have occurred and a user has unjustifiably been awarded Plus points or there has been a mistaken upgrade to a higher bonus level. This may be the case, for example, if a subsequent check shows that a user has provided false information.

When using the Helsana+ app, users may not, in particular, 

  • violate the law or moral standards with their usage behaviour (e.g. photo uploads); 
  • pass on their personal vouchers from Helsana partners to third parties;
  • infringe intellectual property rights or other proprietary rights; 
  • transmit content with viruses, such as “Trojan horses”, or other programmes that could harm the software; 
  • enter, store or send hyperlinks or content for which they are not authorised, in particular if these hyperlinks or content conflict with duties of confidentiality or are illegal; 
  • distribute advertising or unsolicited e-mails (“spam”) or untrue warnings against viruses, malfunctions, etc. or invite participation in competitions, snowball systems, chain letters, pyramid schemes, or similar; 
  • use the Helsana+ app for commercial purposes; 
  • manipulate the functions or content of the Helsana+ app or entered details (e.g. manipulate steps, accumulated balance, etc.). 

Helsana keeps the data for as long as is necessary for the purposes approved by the user. This means:

  • indefinitely if the user has approved its use for the analysis of the improvement of the effectiveness of Helsana+. This function is switched on by default;
  • for three years, if the user has not approved this use. Verification of activities that can be completed at one time and the total number of points since the start of Helsana+ is kept indefinitely. The user acknowledges that in this case, Helsana will only store the vouchers they have purchased for a period of three years, after which they will be permanently deleted. It is therefore the responsibility of the user to retain and redeem their purchased vouchers at one of the Helsana partners within this period.

The user can adjust these settings at any time in the app. Once deleted, data cannot be restored. 

The user can delete their user account in the Helsana+ app at any time free of charge and delete it from their device. An account deletion can be reversed within 30 days; after that, the data cannot be restored. 

If these terms of use and data protection provisions are infringed, or if the product is misused, Helsana is entitled to block the user’s account at any time without compensation. Helsana shall decide what constitutes misuse at its sole discretion. 

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. 

The use of information, software and documentation made available via the Helsana+ app is subject to these conditions. Separately agreed licence agreements (e.g. with respect to downloading software) take priority over these conditions. Helsana grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided via the Helsana+ app within the scope agreed, or, unless otherwise agreed to the contrary, as corresponds to Helsana’s purpose in providing and allowing the use of this service. No information, software or documentation may be sold, hired out or in any other way transferred by the user to third parties at any time. The information, software and documentation are protected both by copyright law and by other laws and agreements pertaining to intellectual property. Users are obliged to respect these rights. 

Information, brand names, design and other content of the Helsana+ 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+ app, Helsana may use these to develop, improve and market products in its portfolio free of charge. 

The Helsana+ app may contain hyperlinks to third-party websites. Helsana does not accept any liability for the content of these websites as Helsana is not responsible for the content and information contained therein. Their use is at the user’s own risk.

The Helsana+ app and Helsana website offer users information on health, fitness and similar topics for information purposes. This is no substitute for personal consultations, 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 or heart problems, it is recommended they consult a doctor before participating in a training programme through the Helsana+ app. In the event of a medical emergency, users are urgently recommended to contact a doctor or medical professional; this also applies to specific questions regarding treatment and care or medical complaints. 

Use of the Helsana+ app is at the user’s own risk. Likewise, Helsana accepts 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 does not assume any guarantee for the continuing and undisrupted function of the Helsana+ 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. 

In the event of malfunctions in the Helsana+ app, Helsana cannot offer support, and does not accept any responsibility – to the extent permitted by law – for material or immaterial damage which may arise from the use of the Helsana+ app or as a result of technical malfunctions. 

Helsana will not pay costs that may arise for insured persons as a result of using the Helsana+ app.

To award Plus points for sporting activities, Helsana bases its calculations on the movement data provided by the applications (Apple Health, Google Fit, etc.) that the user has linked to the Helsana+ app. It cannot accordingly accept any liability for the accuracy and correctness of this data. 

Helsana is entitled to modify the functionality and design of the Helsana+ app at any time. 

The information provided by Helsana via the Helsana+ app (e.g. the newsletter) is carefully checked and prepared against current knowledge. However, Helsana cannot guarantee that such information is correct, complete, appropriate or up-to-date. 

The data traffic with Helsana with respect to the functions provided by the Helsana+ app is routed via a modern connection which meets current security standards. Nonetheless, Helsana accepts no liability for the functioning or absolute security of data transmission. 

Helsana does not accept – to the extent permitted by law – any liability for material or legal deficiencies. All other liability by Helsana – particularly for consequential damage – is excluded, unless there is mandatory liability owing 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. 

Although Helsana endeavours to keep the Helsana+ app free from viruses, it cannot guarantee this. Before downloading information, software or documents, users shall ensure the implementation of adequate security precautions and virus scanners, both for their own protection and to prevent the presence of viruses on the Helsana+ app.

B. Data protection

In developing and designing its app, Helsana has assigned high priority to the lean use of data in processing the bonus programme. The following provisions and the information within the Helsana+ app show which data Helsana collects in connection with the use of the Helsana+ app and the services offered, how and for what purpose they are processed, and to whom Helsana passes the data.

Helsana Supplementary Insurances Ltd is the owner of data collected in connection with the use of the Helsana+ app.

Users 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 deletion of user 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
Helsana+ Bonus Programme
Data protection advisor
Zürichstrasse 130
P.O. Box
8081 Zurich
privacy@helsana.ch

To the extent that the Helsana+ App falls within the scope of the GDPR, Active Assets A2 GmbH is both its data protection advisor within the meaning of Article 37 of the GDPR and its representative within the meaning of Article 27 of the GDPR. Their contact details are:

Active Assets A2 GmbH
Gottlieb-Daimler-Str. 5
DE-78467 Constance
privacy@helsana.ch

If Helsana+ automatically makes a decision affecting the user that has legal effect vis-à-vis the user or significantly affects the user in a similar way, the user may request Helsana+ to manually reconsider the decision.

The Helsana+ app lets all users collect Plus points for various activities (see the list in the Helsana+ app) and redeem them for cash or vouchers or donate them, provided an insurance relationship exists with the Helsana Group.

The purpose of data processing is described in Section A.1.
The justification for all data processing is the performance of the contract that arises with the use of the Helsana+ app.

3.1 Registration and identification

To implement registration in all versions, Helsana requires the user’s first and last names, gender and e-mail address. To identify the user in the basic version, an image of the insurance policy is also required. To identify the user in the full version, the user’s insurance number, postcode and date of birth must be provided. 

3.2 Selection of the activities qualifying for Plus points

In the Helsana+ app, users select the activities for which they would like to receive Plus points by clicking on the desired function. Verification of proof for an activity is largely automated for users of the full version. However, users of the basic version must provide this proof by uploading a photo.

3.3 Comparison of movement data for sporting activities

If users link their health app (Apple Health, Google Fit, etc.) or fitness tracker (Garmin, etc.) to the Helsana+ app, they are thereby giving their consent for the Helsana+ app to regularly check their data in the linked health apps for the aforementioned purposes and to ascertain whether they can be awarded Plus points or achieve a bonus level change for a sporting activity (in view of sufficient steps, heart rate or calories burned in a specific time). Helsana collects calorie data (steps and heart rate are not collected) for the display of the physical activity history. The user can activate or deactivate this link in the app at any time.

3.4 Direct marketing

Helsana is entitled to add the e-mail address used to register the Helsana+ account to the Helsana+ newsletter mailing list in order to inform the user about product updates and important information concerning Helsana+. The contact details entered in the Helsana+ app are kept strictly separate from the insurance business.
Helsana is entitled to inform the user about products and services that might interest them via in-app notifications and the Helsana+ Newsletter.
Users who do not wish to receive the Helsana+ newsletter can unsubscribe via the relevant link or by contacting Client Services.

3.5 Data on usage behaviour to improve the bonus programme

Helsana collects session data relating to visits to the Helsana+ app (including duration and frequency of visits, used functions, language and country preferences, information on mobile operating systems, IP addresses, and ratings given).

  • The Helsana+ app uses the analysis tool Adobe Analytics, a product of Adobe (Adobe, 345 Park Avenue, San Jose, CA 95110-2704, USA), to statistically analyze the use of Helsana+ and to target advertising measures more effectively. The data cannot be assigned to any person by Adobe, i.e. it is pseudonymized. The user can object to tracking by Adobe at any time via https://collect.helsana.ch/optout.html?locale=en_EN. Further information on Adobe's data protection can be found here: https://www.adobe.com/ch_de/privacy/policy.html.
  • The Helsana+ app uses the Adjust analysis tool, a product from the company adjust GmbH (adjust GmbH, Saarbrücker Str. 37a, 10405 Berlin, Germany). When users install the Helsana+ app, Adjust saves technical records relating to app installations and initial access to the Helsana+ app (e.g. use of the app or interactions in the user account, e.g. clicking on the individual menu items). The tool makes it possible to direct advertising in Google Adwords, DoubleClick, Facebook and Twitter more specifically to user preferences. 

Adjust bases its analyses on app users’ IP and Mac addresses, which are used by Helsana on an anonymised basis only. Users can revoke tracking by Adjust, and thus prevent targeted advertising, at any time by going to: https://www.adjust.com/forget-device/ Further information on the Adjust data privacy policy can be found at: https://www.adjust.com/privacy-policy/.

  • The Helsana+ app uses the “Google Firebase” developer platform and its associated functions and services, offered by Google LLC, 1600 Amphitheatre Pkwy, Mountain View, CA 94043 USA.

Google Firebase is a platform for developers of applications (“apps”) for mobile devices and websites. Google Firebase offers a variety of functions that are presented on the following overview page: https://firebase.google.com/products/.

Helsana+ uses the following Google Firebase services:

  • “Cloud Messaging” for sending push messages
  • “Dynamic Links” for a smooth user experience
  • “Crashlytics” to keep an eye on app crashes and app performance
  • “Firebase Analytics” for evaluating user interactions. Firebase Analytics is designed to capture how users interact with an app. This includes events such as the initial opening of the app, uninstallation, updates, crashes or how often the app is used.

The information processed by Google Firebase may be used in conjunction with other Google services, such as Google Analytics and Google marketing services. In such cases, only pseudonymous information, such as the Android Advertising ID or Advertising Identifier for iOS, is processed to identify users’ mobile devices. Further information on Google’s use of data for marketing purposes can be found on the overview page: https://www.google.com/policies/technologies/ads; the privacy policy of Google is available at https://www.google.com/policies/privacy.

Google is certified under the Privacy Shield Agreement and therefore offers a guarantee to ensure the level of protection provided under European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active)

3.6 Instant Feedback

It is possible to evaluate an activity after completion or submission of the proof. Providing this feedback is voluntary. Helsana collects this feedback on the Helsana+ app in order to be able to improve the app in general and for specific target groups. For example, the user ID, demographic characteristics and trackers used by the users are processed. The results in aggregated form do not allow any conclusions to be drawn about individual users.

3.7 Research
With separate information about a specific research project, as well as the right for the user to object to the use of his or her data for the research project, Helsana may evaluate the collected data for non-personal research and statistical purposes, in particular to scientifically analyse the effectiveness of Helsana+ and the effect on the health of its users. They may also be linked to the user’s health data for this purpose. However, this does not include any personal use of this data in the context of the insurance contract with individual users. Helsana will not carry out such evaluations itself, but will have them carried out by a research institute. The data is pseudonymised in advance for this purpose.

Helsana is entitled to disclose user data if it considers this necessary in order to comply with applicable laws and regulations, in legal proceedings, at the request of the competent courts and authorities, or as a result of other obligations in order to protect and defend its rights or its property. 

Statistical data from Adjust is passed on to Adobe Analytics in pseudonymised form in order to better measure the success of advertising campaigns.

Helsana has taken the necessary technical and organisational security measures to protect user data from unauthorised access and data processing. These security measures are regularly reviewed and modified in line with technological progress. 

C. Additional provisions

If any individual provisions of these terms of use and data protection provisions should prove invalid, ineffective or infeasible, this shall not affect the validity, effectiveness or feasibility of the other provisions of the terms of use and data protection provisions. All questions and disputes arising in connection with the use of the Helsana+ app shall be governed solely by Swiss law – to the extent legally permissible – with the express exclusion of any conflict-of-laws provisions. Compulsory conflict-of-laws provisions shall remain unaffected. The sole place of jurisdiction shall be Zurich; mandatory places of jurisdiction shall remain unaffected. In the event of any ambiguities and/or discrepancies between the German, French, Italian and English versions of these terms of use and data protection provisions, the German-language version shall prevail.

Helsana, Zurich, August 2023

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