Terms of Use and Data Protection Provisions for Helsana+ App

Key points about data protection

  • Your user data is stored in Switzerland and in accordance with the latest standards
  • Your user data is processed for the purpose of awarding points and improving the programme
  • Helsana+ does not collect any vital data about your sporting activities (e.g. steps, pulse or calories)
  • Helsana+ does not read any GPS data
  • You can choose to delete all your user data at any time

A. Terms of use

1. General

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, benefits in kind, vouchers, etc., or in the form of bonus advantages (e.g. discounts) with Helsana partners.

In order to use the Helsana+ app and its contents, users shall 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.

2. Conditions of participation

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

All persons insured by the Helsana Group (Helsana Insurance Company Ltd, Progrès Insurance Company Ltd, Helsana Supplementary Insurances Ltd) above the age of 18 who are resident in Switzerland are eligible to use the demo, basic and full version.

In addition, all underaged persons insured by the Helsana Group (Helsana Insurance Company Ltd, Progrès Insurance Company Ltd, Helsana Supplementary Insurances Ltd) who are at least 12 years of age and are resident in Switzerland and whose participation in the bonus programme has been expressly approved by a legal representative are eligible to use the demo, basic and full version.

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

3. Registration and conclusion of the usage agreement

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.

3.2 Basic version registration

Users of the basic version shall have a current insurance relationship (basic insurance) with Helsana Insurance Company Ltd or Progrès Insurance Company Ltd. These users upload a picture of their insurance card for registration.

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

3.3 Full version registration

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

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

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

4. Logging in and out of the Helsana+ app

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 shall re-enter their login data (e-mail address and password).

5. Changes to the terms of use and data protection provisions, and to the bonus programme

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 shall accept in order to continue using the app.

6. Plus points, bonus level, credits and opportunity to donate
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 shall 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, benefits in kind 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.

7. Bonus-eligible daily goals and activities

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. The selection of activities eligible for bonuses and proof of such activities are determined at the discretion of Helsana.

8. In-app and push notifications

Users hereby accept and understand that Helsana may use in-app and push notifications to give them feedback on the activities completed within the app and inform them of time-limited activities and other health-related topics. Users can switch off or reactivate in-app and push notifications at any time.

9. Proof of activities
9.1 Types of proof

Users can use the following methods to provide proof of the activity concerned: photo upload, tracker connection, participation in surveys or knowledge quizzes, connection with other Helsana apps as well as scoring points arranged by the user via app, e.g. for contract fidelity. Users hereby allow Helsana to access existing relevant user data held by the insurance companies of the Helsana Group.

Where possible, photographic proof submitted via photo upload in the category of individual sport is automatically checked by Google's image verification tool. Google only uses these images for the purposes of verifying whether the requirements for crediting Plus points have been met. Google temporarily stores these images, before subsequently deleting them. If automatic image verification via Google is not successful, the photo will be manually verified by authorised Helsana staff. The user agrees to the "Google Cloud Platform Licence Agreement" and the "Data Processing and Security Terms".

9.2 Time limits for submitting proof

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

9.3 Duration of the retention of proof by Helsana

Helsana is entitled to retain for three years all of the proof provided by the user (e.g. photo uploads) that form the basis for crediting Plus points and awarding bonus levels, benefits in kind, donations, etc.

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).

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.

10. User obligations

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.).
11. Deletion of the user's data

Users may at any time deregister from the Helsana + app free of charge (i.e. delete their user account) and delete it from their device.

The retention period of the user's data is governed by section 9.3.

12. Blocking the account in the event of misuse

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.

13. Right to use information, software and documentation

The use of information, software and documentation made available via the Helsana+ 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+ 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 respect these rights.

14. Intellectual property

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.

15. Hyperlinks on third-party websites

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. Their use is at the user's risk.

16. Use of the Helsana+ app at the user's 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 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+ 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 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 range of information on health, fitness or similar topics provided in the Helsana+ app and/or on the Helsana website.

17. Liability

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 in respect of 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 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+ 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 show which data Helsana collects in connection with use of the Helsana+ app and the services offered, how and for what purpose they are processed and who Helsana passes the data to.

1. Owner of Helsana+ app data collection

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

2. User rights

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 shall 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
Zürichstrasse 130
PO Box
8081 Zurich

3. What data does Helsana collect in connection with 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 card is also required. To identify the user in the full version, the user's insurance number, postcode and date of birth shall be provided.

3.2 Use of the Helsana+ app

In connection with the use of the Helsana+ app, Helsana collects the following data:

  • Usage habits
  • User account information
  • Identification numbers of the user's technical device
  • Information on subscribed newsletters and information and advertising received
  • Consent to receive in-app and push notifications
  • Consent to the Newsletter
  • Participation in market research or surveys
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 expressly giving their consent for the Helsana+ app to regularly check their data in the linked health apps 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 does not collect any information on the number of steps, heart rate or calories burned or the kind of sport engaged in. The user can activate or deactivate this link in the app at any time.

3.4 Data on usage behaviour
  • Session data relating to visits to the Helsana+ app (including duration and frequency of visits, language and country preferences, information on browser and operating systems, IP addresses, search terms and results, and ratings given).
  • The Helsana+ app uses the Adjust analysis tool, a product from the company adjust GmbH (adjust GmbH, Saarbrücker Str. 37a, 10405 Berlin). 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 at any time at https://www.adjust.com/forget-device/ and thus prevent targeted advertising. Further information on the Adjust data privacy policy can be found at https://www.adjust.com/privacy-policy/.
  • Session data relating to visits to the Helsana websites via Google Analytics (including cookies – text files stored on the user's computer that allow analysis of the use of websites by the user). You can find further information on this in Helsana's Privacy Policy.
  • Data on use of the Helsana+ app (including data on the information viewed).
  • Communications with Helsana by telephone, e-mail, voicemail, text messages (SMS, push notifications etc.), picture messaging (MMS), video messages or instant messaging.
4. Acceptance of matching with the user's insurance data

The user agrees that Helsana may access the data held by the insurance companies of the Helsana Group to the extent necessary for implementing the bonus programme.

5. For what purpose does Helsana process user data?

The processing of user data can be divided into four categories:

5.1 Processing purposes in relation to the Helsana+ app

User identification by comparison with their insurance data. Implementation of the bonus programme, in particular checking proof for Plus points and bonus levels, calculating these and adjusting benefits in cash or in kind, as well as granting vouchers from partners of Helsana.

5.2 Processing purposes in relation to customer communication
  • Provision, administration and implementation of customer communication
  • Business communication by telephone, e-mail, voicemail, text messages (SMS, push notifications, etc.), picture messaging (MMS), video messages or instant messaging
  • Analysis of the use of offers by Helsana via telephone, fax, e-mail, voicemail, text messages (SMS, push notifications, etc.), picture messaging (MMS) or instant messaging, such regarding as the type of use, frequency and duration of use, exact place of use
5.3 Purpose of processing in connection with analysis of user behaviour
  • Simplification of procedures and use of results from analysis of user behaviour for ongoing improvement of the Helsana+ app
  • Individualised and personal or anonymous and group-related identification, classification and analysis of current and potential user needs and interests
  • Individualised and personal or anonymous and group-related classification and analysis of user potential
  • Linking and enrichment of the personal data Helsana has collected on the user with personal and non-personal data that is public or acquired from third parties to improve the dataset and analyse user behaviour. The enrichment of profiles with data from third parties includes e.g. data from the Federal Statistical Office, calendar data, sociodemographic data, payment behaviour data, etc., publicly accessible data or data from social networks.
5.4 Processing purposes in connection with direct marketing
  • Avoidance of unnecessary advertising through findings from user behaviour analysis for individualised and personalised direct marketing
  • Sending of individualised and personalised advertising by Helsana via telephone, fax, e-mail, voicemail, text messages (SMS, push notifications, etc.), picture messaging (MMS), video messaging or instant messaging
  • Individualised and personalised adaptation of the Helsana+ app and advertising on Helsana channels on multimedia portals and social networks
6. Right to transmit user data to third parties

Helsana is entitled to forward user data within the context of the above-mentioned processing purposes to all companies in the Helsana Group or to third parties who process the user data for Helsana on a contracted basis. The other companies in the Helsana Group are entitled to process user data in their own interest for the same purposes as Helsana is allowed to do.

In particular, the companies in the Helsana Group are entitled to process user data for individualised and personalised analyses of user behaviour and for direct marketing activities in their own interest. Within the Helsana Group, employees are only given access to user data to the extent that they need it to fulfil their duties. It is ensured that the contracted companies do not use the data for purposes other than the specific task, and that these companies use the data neither for themselves nor for a third party.

Helsana is entitled to disclose user data if it considers this is necessary 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 legal obligations, in order to protect and defend its rights or its property.

The user explicitly agrees that Helsana may transmit the information on the bonus in kind ordered by the user and the user data required for delivery of the order to the external service provider.

7. Technical and organisational measures to protect user data

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 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-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 and/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, 8 April 2019