Terms of use for the Helsana Trails app

The provisions below provide information on which data Helsana Supplementary Insurances Ltd (hereinafter “Helsana”) collects in connection with the Helsana Trails app, by what means and for what purpose it processes these data, to whom it forwards these data (A.), as well as on the Terms of Use for the Helsana Trails app (B.).

Key points about data protection

  • The user data are stored locally in Switzerland in accordance with the latest technical standards.
  • The Helsana Trails app records users’ run data for their personal use. These data are saved in anonymised form.
  • The Helsana+ app has no access to the data in the Helsana Trails app. Users can, however, choose to have Plus points credited to their account after they have completed a training session.
  • Users are able to delete their user data in full at any time using the button provided.
  • If you have any questions about how we use your data, you may also find this video useful. 

A. Data protection

In developing and designing the Helsana Trails app, Helsana placed strong emphasis on the lean use of data.

Helsana Supplementary Insurances Ltd, Zürichstrasse 130, 8600 Dübendorf, is the proprietor and operator of the Helsana Trails app. It processes the data pertaining to users of the Helsana Trails app on its systems in a non-identifiable manner on the basis of a randomly generated user ID. 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 Helsana should receive personal data pertaining to a user for whatever reason (e.g. if a user of the Helsana Trails app contacts Helsana 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 Helsana shall only process the user’s data for the purpose of responding to any enquiries posed by the user and in order to uphold their data subject rights. Users of the Helsana Trails app shall at no time be required to provide Helsana with personal data in order to use the Helsana Trails app and to benefit from Plus points in Helsana+. “Personal data” is any information that refers to a specific or identifiable person.

2.1 User account information

Users may voluntarily enter information relating to their name, data of birth, year of birth, gender, weight and height in their user account when using the Helsana Trails app. These data allow users to generate personal statistics. They can also add a profile picture to their user account. In this case, the name entered and the profile picture are stored exclusively on the respective user’s mobile device and are not transmitted to Helsana. Users are assigned a non-identifying user ID so run statistics can be generated for each user.

2.2 Using the Helsana Trails app

Helsana collects the following data in connection with the use of the Helsana Trails app:

  • Run data (e.g. location, distance, time, pace, calories burned, favourites);
  • Usage habits;
  • User account information (if entered, but without name and profile picture);
  • Identification numbers of the user’s technical device;
  • Consent to receiving in-app and push notifications.
  • The data collected are assigned to a non-identifying user ID. Helsana does not process any personal data in this regard.
2.3 Data on usage habits
  • Session data relating to visits to the Helsana Trails app (including duration and frequency of visits, language and country preferences, information on browser and operating systems, IP addresses, search terms and results; ratings given);
  • The Helsana Trails app uses the analysis tool Adjust, a product from the company adjust GmbH (adjust GmbH, Saarbrücker Str. 37a, 10405 Berlin). When users install the Helsana Trails app, Adjust saves technical records relating to app installations and initial access to the Helsana Trails 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; these are used by Helsana on an anonymised basis only. Users can revoke tracking by Adjust at any time at https://www.adjust.com/forget-device/ and thus inhibit targeted advertising. Further information on Adjust’s data privacy policy can be found at https://www.adjust.com/privacy-policy/.

User data are processed in accordance with the applicable data protection provisions and based on the user’s consent.

Data processing can be subdivided into the following three categories:

3.1 Processing purposes in relation to the Helsana Trails app
  • Training and guidance on running along Helsana Trails;
  • Navigation aid to the nearest Helsana Trails;
  • Compilation of run statistics.
3.2 Processing purposes in relation to analysing user activity
  • Streamlining of procedures and use of findings from the analysis of user activity for ongoing improvement of the Helsana Trails app;
  • Anonymous identification, classification and analysis of current and potential user needs and interests.
3.3 Processing purposes in relation to the Helsana+ app
  • Syncing with the account on the Helsana+ app at the user’s initiative (no exchange of profile data);
  • Manual transmission of completed runs by the user so they can be awarded the appropriate points in the Helsana+ app.
3.3.1 Syncing the Helsana Trails app with Helsana+ using non-identifying ID (token)

The Helsana Trails app syncs with the Helsana+ app. During this process, a non-identifying ID is generated (token is generated independently of the user ID) that syncs the Helsana+ app with the Helsana Trails app. No personal data are exchanged. It is necessary to issue an ID and disclose it to the Helsana+ app so the Helsana+ app can award Plus points to its users for the activities they complete in the Helsana Trails app.

3.3.2 What data does the Helsana+ app receive from the Helsana Trails app?

Users who are linked up to Helsana+ can choose to transmit the required information to Helsana+ after completing a run using the button provided. The Helsana Trails app transmits the following data:

  • ID (token)
  • Date
  • Trail completed or free run completed

The Helsana Trails app thus does not transmit any specific details or vital data to the Helsana+ app.

Users have the option of deactivating the transmission of user data to Helsana. They can reactivate transmission at any time.

The user data are stored exclusively in Switzerland. 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.

The user data are deleted automatically after a period of inactivity of two years. Users can delete their user data manually in their user profile at any time at the click of a button.

Helsana will not transmit any data to third parties without the express consent of the user. This relates specifically to transmission of the data indicated in Section 3.3.2 for receiving Plus points in the Helsana+ app.

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.

Users of the Helsana Trails app may at any time request information about their personal data stored and processed by Helsana, or request that they be corrected or supplemented, and may also refuse to authorise the processing of such data or request that they be deleted within the permissible legal and contractual framework.

This applies exclusively in the case that users have disclosed their personal data to Helsana (see Section 1). They are thus entitled to exercise their data subject rights towards Helsana as the proprietor and operator of the Helsana Trails app. In this case, they should submit their requests to the following address, with the reference “Helsana Trails app”.

Helsana Supplementary Insurances Ltd
Data Security Officer
Zürichstrasse 130
PO Box
8081 Zurich

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

B. Terms of Use

The Helsana Trails app can be downloaded free of charge in app stores. Downloading the app is subject to the conditions of the respective app store. The Helsana Trails app is available for Android (Version 4.3 and higher) and iOS (Version 9.0 and higher) operating systems. This free app allows users to display the route they have run on Helsana Trails or routes of their choice.

In order to use the Helsana Trails app and its contents, users must give their prior consent to these Terms of Use and Data Protection Provisions

Helsana reserves the right to amend these Data Protection Provisions and Terms of Use at any time without prior notice or notification. The currently applicable version the user has to accept to use the app shall apply.

The use of information, software and documentation made available via the Helsana Trails app is subject to these conditions. Separately agreed licence agreements (e.g. in respect of 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 Trails 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 in respect of intellectual property. Users are obliged to comply with these laws. 

Information, brand names, design and other content of the Helsana Trails app may 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.

The Helsana Trails app and the Helsana website help users find 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 or heart problems, it is recommended they consult a doctor before participating in a training programme through the Helsana Trails 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 Trails app is exclusively at the user’s risk. Likewise, Helsana accepts no responsibility for health problems resulting from exercise programmes, consultations, products or events users may learn about from the various information regarding health, fitness or similar topics on the Helsana Trails app and/or the Helsana website.

Helsana provides no guarantee for the continuing and fault-free functioning of the Helsana Trails app. 

Helsana cannot offer support in every case of malfunctioning of the Helsana Trails 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 Trails app or as a result of technical malfunctions. 

Helsana shall not pay any costs that may arise as a result of using the Helsana Trails app.

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

Data traffic with Helsana via the functions provided by the Helsana Trails app is routed via a modern connection that satisfies 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 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. 

Although Helsana endeavours to keep the Helsana Trails app free from viruses, it cannot guarantee this. Before downloading information, software or documents, users must 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 Trails app.

C. Additional provisions

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

Helsana, Zurich, 21 March 2019

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