Data Protection Provisions and 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 in Switzerland in accordance with the latest technical standards. 
  • Helsana only collects anonymous data. All data which make it possible to identify the user are stored exclusively on the device of the customer. 
  • 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.
  • Users can also prevent the app from collecting data, resulting in Helsana no longer receiving anonymous data.
  • If you have any questions about how we use your data, you may also find this  video useful. 
For ease of reading, no references are made to male or female individuals. All references to persons apply equally to both genders.

A. Data protection

Helsana Supplementary Insurances Ltd, Zürichstrasse 130, 8600 Dübendorf (hereinafter “Helsana”) is the owner and operator of the Helsana Trails app. 

2.1 General information

In developing and designing the Helsana Trails app, Helsana took care to ensure that it would only collect the necessary data. 

Helsana only processes data relating to users of the Helsana Trails app on its systems in anonymised form. 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. 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.

In the event that Helsana should receive personal data pertaining to a user for whatever reason (e.g. if a user contacts Helsana directly), it undertakes to comply with the data protection laws to which it is subject 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 enquiries made by the user and in order to uphold their data subject rights.

“Personal data” refers to any information that relates to a specific or identifiable person.

2.2 Data derived from use of the Helsana Trails app

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

  • Data about the user (operating system, gender, year of birth, weight, height)
  • Data about the completed run (date, distance, time, speed, calories burned, selected pace, ID of the Helsana trail where available)

The data collected are assigned to a non-identifying user ID. Helsana does not process any personal data in this regard.

These data are used to generate anonymous running statistics.

Users can also store a name and profile photo, although these data remain on the user’s mobile device and are not sent to Helsana.

2.3 Data relating to notification management
Helsana collects the consent given by users to receive in-app and push notifications in order to manage the notifications in accordance with the wishes of each user.
2.4 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 system, 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 tailor advertising in Google Ads, DoubleClick, Facebook and Twitter to user interests more effectively. Adjust bases its analyses on app users’ IP and Mac addresses; these are used by Helsana on an anonymised basis only. Users can object to tracking by Adjust at any time at https://www.adjust.com/forget-device/ and in doing so prevent targeted advertising. Further information on the Adjust data privacy policy can be found at:  https://www.adjust.com/privacy-policy/.

These data are collected for the following purposes:

  • 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

Users have the option of deactivating the transfer 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.

Users can delete their user data manually in their user profile at any time at the click of a button.

Users can link the Helsana Trails app with the Helsana+ app in order to receive Helsana+ points for completing runs. The connection is based on a non-descriptive ID; upon completing a run, the user can press a button to send only the date to Helsana+ and no detailed information about the run.

Helsana will not transmit any data to third parties without the express consent of the user.

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 rectified or completed, and may also object to the processing of such data or request that they be deleted within the permissible legal and contractual frameworks.

This applies exclusively to cases where users have disclosed their personal data to Helsana (see Section 2.1). 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 Protection Officer
Zürichstrasse 130
P.O. 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 Swiss 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. There are no restrictions due to age, customer status or any other metric.

In order to use the Helsana Trails app, users must agree 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 and without prior notice. The latest version always applies.

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. 

Users use the Helsana Trails app and the Helsana trails marked in the app exclusively at their own 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 always offer support if the Helsana Trails app malfunctions and – to the extent permitted by law – accepts no responsibility for any material or non-material damage resulting from the use of the Helsana Trails app or the Helsana trails marked in the app or as a result of technical faults. 

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 – to the extent permitted by law – does not offer warranties for defects of title or material defects. 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, September 2020

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