Terms of Use and Data Protection Provisions for Helsana+ App

A. Terms of use

1. General

The Helsana+ app is the free-of-charge bonus program of Helsana Supplementary Insurances Ltd (hereinafter ‘Helsana’). The program allows points to be collected for health-conscious behaviour, social and societal commitment, and loyalty to Helsana. The Plus points collected 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 must give their full, prior and express 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.

2. Conditions of participation

The bonus programme is used with an app. Off-line 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 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 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

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

When users have completed registration and agreed to the Terms of Use and Data Protection Provisions, they must click on the activation link sent to them by separate e-mail within 30 days.

3.1. Registration for demo version

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 Registration for full version
Users of the full version must have a current insurance relationship with an insurance company of the Helsana Group (Helsana Insurance Company Ltd, Progrès Insurance Company Ltd, Helsana Supplementary Insurances Ltd).

To register for the full version, users must enter their insurance number, postcode and date of birth, along with their e-mail address and a password they have chosen themselves.

Users who only have basic insurance with Helsana should upload a photo of their insurance card.

Underaged users should 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 must 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 program

Helsana may at any time amend, supplement, modify or replace these Terms of Use and Data Protection Provisions, together with the conditions of the bonus program. By using the Helsana+ app, users give their consent to the most recent version of the Terms of Use and Data Protection Provisions.

6. Plus points, bonus level, credits and opportunity to donate
6.1 In the demo version

Users of the demo version can already 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 full version. This requires users to have an insurance policy with one of the insurance companies in the Helsana Group.

Plus points can be acquired in the full version in accordance with the rules of section 6.3.

6.2 In the full version

When they achieve a daily target or an activity, users are credited with a number of Plus points set by Helsana. The number of redeemable Plus points depends, among other things, on the user's individual insurance cover, and is subject to a calendar year limitation. When the annual point limit is reached, users are informed that they cannot collect any more Plus points in the current calendar year.

6.3 Validity of Plus points

Plus points are always valid for redemption until completion of the next calendar year, i.e. always for at least 12 months and at most 24 months. When participation in the bonus program is ended – either by the user or Helsana – the Plus points collected up to that point cease to be redeemable.

6.4 Bonus level

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

6.4.1 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 obtainable from Helsana partners that are achieved by means of the bonus level are personal and cannot be transferred to third parties.

6.5 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 selected institutions.

6.5.1 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 categories

Users can collect Plus points for various general activities as well as for time-limited and one-off activities. The evidence to be produced for these depends on the individual activity.

7.1 General activities
7.1.1 Sporting activities

Users can collect Plus points for all sporting activities and for attending sport-related courses. To do this, users need to link their health app (Apple Health, Google Fit, etc.) or fitness tracker (Garmin, etc.) to the Helsana+ app.

7.1.2 Memberships

Helsana supports membership of gyms, sports clubs and other non-sports memberships. The decision as to which membership is included for redemption is at the sole discretion of Helsana.

Helsana is entitled to amend the list of memberships allowed for the collection of Plus points at any time:

  • Gym: In the “gym membership” category, Helsana recognises all active gym memberships.
  • Sports club: Helsana rewards “membership in a sports club” where the sports club is a member of the Swiss Olympic or BASPO associations.
  • Other memberships: Membership of recognised associations listed in the Swiss Associations Register (www.clubfinder.ch/vereine) will be rewarded if the association belongs to one of the following categories: education and school, family and social, leisure and hobbies, health, children and young people.

7.1.3 Preventive health

Helsana also rewards participation in selected courses on nutrition, relaxation and disease prevention, along with health check-ups. Helsana is entitled to amend the list of courses allowed for the collection of Plus points at any time:

7.1.4 Loyalty and Helsana

Users receive Plus points for activities in the following categories once a year:

  • long-standing customers
  • successful introduction of new customers and successful recommendation of additional insurances to existing Helsana customers*
  • taking out/extending a multi-year policy
  • participation in annual survey
  • using myHelsana
  • requesting information on Helsana insurance tariffs*
  • etc.

While users need to provide evidence for the activities marked with an * by uploading a photograph, the other activities are checked automatically by Helsana as far as possible. Users hereby expressly allow Helsana to undertake the necessary matching with the relevant user data available to the insurance companies.

7.2 Time-limited activities

Time-limited activities are activities that are linked to a specific occasion (e.g. sports event). In order to receive Plus points for it, users must provide evidence of participation in an event in the same way as for other activities.

8. In-app and push notifications

Users hereby expressly accept and understand that Helsana may use in-app and push notifications to give them feedback on the activities tracked by 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. Evidence of activities

Users can provide evidence of performance of an activity only via the Helsana+ app.

9.1 Types of evidence

Users can use the following methods to provide evidence of the activity concerned: Photo upload, health app, QR codes and beacons. Awarding of points (e.g. for policy loyalty) is actioned automatically by Helsana (see section 7.1.4). Users allow Helsana to access existing relevant user data held by the insurance companies of the Helsana Group for this purpose.

Where possible, photographic evidence submitted via photo upload in the category of personal exercise 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 a Helsana employee. The user agrees to the Google Cloud Platform Licence Agreement (https://cloud.google.com/terms/) and the Data Processing and Security Terms (https://cloud.google.com/terms/data-processing-terms).

9.2 Time limits for producing evidence

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

9.3 Retention of the evidence by Helsana

Helsana is entitled to retain for a certain time all the evidence 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.

9.4 Right to make corrections at any time

Helsana reserves the right to make corrections at any time (e.g. deduct Plus points, change 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 programs that could harm the software;
  • enter, store or send hyperlinks or contents for which they are not authorised, in particular if these hyperlinks or contents 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, etc.;
  • 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. Duration and end of participation

Users can at any time deregister from the Helsana + app or delete it, free of charge. This entails deletion without compensation of all as-yet unrewarded activities associated with the Helsana+ bonus program.

In the absence of written communication to Helsana stating the contrary, the authorisations to process data granted by the user in accordance with these Terms of Use and Data Protection Provisions, e.g. to send newsletters to the user's e-mail address, remain valid.

If the user infringes these Terms of Use and Data Protection Provisions, Helsana may at any time withdraw the user's right of participation.

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 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 stipulated by this service, 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. The user is under an obligation to obey these laws.

14. Intellectual property

Information, brand names, design and other content of the Helsana+ app must not be amended, copied, reproduced, sold, hired out, traded, used, supplemented or otherwise exploited without the prior written consent of Helsana. Other than the rights of use or other rights granted expressly herein, the user is 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 accepts no liability for the contents of these websites, as Helsana is not responsible for the contents and information that these sites already contain. Users make use of them at their own risk.

16. Use of the Helsana+ app at user's own risk

The user will find on the Helsana+ app and on the Helsana website various information in respect of health, fitness and similar topics, for information purposes. These are not substitutes for personal consultation, service or action by professional persons and Helsana is not responsible for the correct use of such information. If users have a medical condition or heart problems, it is recommended that they consult a doctor before they take part in an exercise program provided via the Helsana+ app. In the event of a medical emergency, users are emphatically recommended to refer to a doctor or professional medical staff; this also applies to specific questions regarding the treatment and care or appearance of symptoms.

Use of the Helsana+ app is undertaken entirely 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 various information regarding health, fitness or similar topics on the Helsana+ app and/or the Helsana website.

17. Liability

Helsana accepts no liability regarding the continuous and problem-free operation 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. In this respect, it can accept no responsibility for the accuracy or correctness of these data.

Helsana is entitled at all times to amend the functionality and the design of the Helsana+ app.

The information that Helsana supplies via the Helsana+ app (e.g. the newsletter) is carefully checked and prepared in accordance with current scientific 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 meeting current security standards. Nonetheless, Helsana can accept no liability for the functioning or absolute security of data transmission.

Helsana does not accept – to the extent the permitted by law – any liability for material or legal deficiencies. Moreover, the liability of Helsana, particularly for consequential losses, is excluded, unless required by law, in cases of wilful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Damages in case of breach of fundamental contractual obligations are limited to contract-typical, foreseeable damages if there is no wilful misconduct or gross negligence.

Although Helsana makes every effort to keep the Helsana+ app free of viruses, it cannot guarantee that it is virus-free. Users shall, for their own protection, apply appropriate security measures and use a virus scanner to counter viruses on the Helsana+ app before downloading any information, software or documentation.

B. Data protection

In developing and configuring its app, Helsana has placed great importance on a data-minimising process for the bonus program. The following stipulations provide information about which data Helsana collects through the use of the Helsana+ app and the services it offers, how and to what ends it processes these data, and to whom it forwards them.

1. Helsana+ app data collection owner

Helsana Supplementary Insurances Ltd is the owner of the data collections that arise from the use of the Helsana+ app.

2. User rights

Users have the right at any time to demand information regarding the data which Helsana stores and processes about them and also, if applicable, as to how these may be adjusted or supplemented; to veto the processing of their data; or to demand the deletion of these data in the legal and contractual context.

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
Data Security Officer
Zürichstrasse 130
P.O. Box
8081 Zurich

3. Which data are collected by Helsana for the Helsana+ app?
3.1 Registration and identification

To implement registration in the demo version, Helsana requires the user's first name, last name, gender and e-mail address. For registration and identification of the user for the full version, the insurance number, postcode, date of birth and e-mail address are required.

In order to identify the user, Helsana is entitled to access the corresponding data of the Helsana Group insurance companies concerned.

3.2 Use of the Helsana+ app

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

  • Usage patterns;
  • User account information;
  • Identification numbers of the user's technical equipment;
  • Information on subscribed newsletters or on information and advertising received;
  • Consent to receipt of in-app and push notifications;
  • Newsletter agreement;
  • Participation in market research or surveys;

3.3 Matching of movement data in 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. Users 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 via Google Firebase and Adjust.com (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+ app uses the analysis tool adjust, a product of adjust GmbH (Adjust GmbH, Saarbrücker Str. 37a, 10405 Berlin). When the user installs the Helsana+ app, adjust will save technical evidence of app-installation and data of the first opening of the Helsana+ app (for example, use of the app or interactions in the account e.g. clicks in different menu items). With the adjust advertising campaigns in Google Adwords, DoubleClick, Facebook and Twitter can be carried out more targeted. Adjust bases its analyses on app usersꞌ IP and Mac addresses, whereas Helsana only uses anonymized data. The user can opt out of this tracking by adjust at any time at https://www.adjust.com/forget-device/ and prevent targeted advertising. Further information on Adjustꞌs 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 an analysis to be carried out 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);
  • Communication 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 expressly accepts that Helsana, in processing the Helsana+ app, may access the user's existing insurance data held by the Helsana Group insurance companies.

5. Purpose for which Helsana processes user data

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

5.1 Processing purposes in relation to the Helsana+ app

Identification of users by matching their insured person's data. Implementation of the bonus program, in particular checking the evidence for Plus points and bonus levels, calculating these and adjusting benefits in cash or in kind, as well as granting Helsana partner vouchers.

5.2 Processing purposes in relation to customer communication
  • Preparation, 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;
  • Assessment of use of Helsana offers by telephone, e-mail, fax, voicemail, text messages (SMS, push notifications, etc.), picture messaging (MMS), video messages or instant messaging such as; Type of use, frequency and duration of use, precise location of use.

5.3 Processing purposes in relation to user behaviour analysis
  • Simplification of processes and use of findings from analysing user behaviour for continuous improvement of the Helsana+ app;
  • Individualised and person-related or anonymous and group-related identification, classification and analysis of current and potential user needs and user interests;
  • Individualised and person-related or anonymous and group-related classification and analysis of user potential;
  • Matching and enhancement of the personal and non-personal user data gathered by Helsana (publicly available or obtained from third parties) to improve the database and the analysis of user behaviour. Enhancement of profiles using third party data comprises, for example: 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 relation to direct marketing
  • Avoidance of unnecessary advertising through findings from user behaviour analysis for individualised and personalised direct marketing;
  • Individualised and personalised advertising by post, telephone, fax, e-mail, voicemail, text messages (SMS, push notifications, etc.), picture messaging (MMS), video messages or instant messaging;
  • Individualised and personalised adaptation of the Helsana+ app and advertising via Helsana channels on multimedia portals or social networks.

6. Right to forward 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 contractual basis. Other companies in the Helsana Group are entitled to process the user data in their own interests for the same purposes as Helsana.

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 expressly accepts and agrees that Helsana may communicate to external service providers information about the bonus in kind ordered by the user together with the user data required for delivery of the order.

7. Technical and organisational measures to protect user data

Helsana has taken the necessary technical and organisational security measures to protect user data against illegitimate access and unauthorised data processing. These measures are regularly checked and updated in line with technological progress.

C. Further 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 Scan app are 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 is Zurich; compulsory courts of jurisdiction continue to apply. 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, 19 September 2018