Special conditions for mySWICA

I. General

1.1 Contractual relationship

The present "Special Conditions for mySWICA" (the "mySWICA Conditions") govern the relationship between SWICA Healthcare Insurance Ltd., with its registered office at Römerstrasse 38 in 8400 Winterthur (distributor of the mySWICA app and the mySWICA website, acting on behalf of certain group companies, see Section 1.5) and the user of the mySWICA app or the mySWICA portal (the "User" or "Users", together "the Parties"). The provisions govern the rights and obligations of the Parties with regard to the use of the mySWICA app and the mySWICA portal (collectively referred to below as "mySWICA"). These provisions also contain information about matters of application, responsibilities and data processing relating to the use of mySWICA.

1.2 Declaration of consent

The use of mySWICA requires express prior acceptance of the mySWICA Conditions. By accepting these mySWICA Conditions, the User confirms his or her agreement to their content. This also includes consent to the data processing procedures arising in this context, the manner in which data is processed and any transfer of such data to mandated third parties or abroad. Consent is given on the occasion of the first login and remains active until revoked. If consent to individual data processing operations is revoked, further use of mySWICA may be excluded.

1.3 Relationship with other provisions

The mySWICA Conditions supplement the General Terms and Conditions for SWICA Online Services ("GTC"), which can be accessed here. SWICA's Data Protection Declaration also contains additional information regarding data processing in connection with the insurance contract. The "mySWICA Conditions" take precedence over the Data Protection Declaration and the GTC so far as the primacy of the Data Protection Declaration and GTC is not explicitly stipulated in the individual provisions of the mySWICA Conditions.

1.4 Additions and amendments

The "mySWICA Conditions" can be supplemented, modified or replaced in accordance with Section 1.2 of the GTC. Information about changes will be provided via mySWICA and will not require Users to give renewed consent to the "mySWICA Conditions". This does not apply to changes to the purposes for which data is processed, which do require Users' consent.

1.5 Distributor of mySWICA

The distributor of mySWICA is SWICA Healthcare Insurance Ltd., Römerstrasse 38, 8400 Winterthur, UID CHE-109.337.400 (acting for SWICA Insurances Ltd., Römerstrasse 37, 8400 Winterthur, UID CHE-106.698.250; hereinafter "SWICA"). SWICA is the primary and direct point of contact for all questions and problems relating to mySWICA.

1.6 Operator of mySWICA

The serverside software of mySWICA is hosted and operated on behalf of SWICA by UNIC AG, Belpstrasse 48, 3007 Bern, UID CHE-104.694.146 (hereinafter "Unic").

1.7 Licence rights

The User has the right to install the mySWICA app on his or her mobile devices. The User obtains the mySWICA app from the app store for the relevant operating system. SWICA grants the User a non-exclusive and non-transferable right to use the mySWICA app and the information and documentation made available within it to the extent and for the purposes set out in Section II. SWICA may withdraw this licence at any time without giving reasons and/or discontinue the operation of mySWICA completely. There is no right to the granting or perpetuation of this licence.

1.8 Intellectual property rights

All rights to and in connection with mySWICA, including copyright and trademark rights, remain with SWICA or the relevant third-party licensor of SWICA. By using mySWICA, the User acquires no rights to the information, documentation and software provided and made available. Any manipulation, modification incl. extension or changes for own purposes or copying as well as further distribution of the software or parts of the software of mySWICA constitutes an infringement of the intellectual property rights and is prohibited. This also applies to any use for advertising or comparison purposes in connection with the provision of commercial services.

II. mySWICA

mySWICA provides a digital overview of all important information relating to a User's personal insurance cover, and can be used either as an app on a smartphone or on a computer. mySWICA offers a wide range of functions including a virtual insurance card as well as the ability to submit documents and notifications, and to contact SWICA Customer Services. SWICA reserves the right to modify, discontinue or expand the functions offered at any time. The current range of functions can always be found on the mySWICA website.

III. Use of mySWICA

3.1 Territorial area of use of mySWICA

mySWICA is intended exclusively for use in the territory of Switzerland. The use of mySWICA via mobile networks or internet connections outside the territory of Switzerland is at the User’s own risk. In this context, SWICA explicitly points out that use of mySWICA may be subject to the law of the country in which the User is located at the time of use. The User alone is responsible for complying with the relevant rules and regulations. SWICA offers no guarantee that the offers and services provided via mySWICA can be accessed outside Swiss territory.

3.2 Users

mySWICA is available to all private SWICA customers aged 14 or over for the duration of the insurance relationship.

3.3 Obligations of Users

mySWICA may only be used for private purposes intended by mySWICA. This includes in particular use of the current functions, which can be found on the mySWICA website at any time. Commercial use of mySWICA, or use other than for the stated purposes, is not permitted.

If a SWICA account is to be opened for or in favour of family members (such as for a family policy, see Section 4.2) or third parties, the consent of all policyholders is required.

No content that can execute undesirable or harmful functions (such as computer viruses, computer worms or trojans) may be sent to or via mySWICA.

If abusive, indecent or otherwise offensive content is uploaded to mySWICA, SWICA may exclude the User from any further use of mySWICA. Unlawful acts of any kind (such as submitting fake invoices) will be prosecuted in all cases.

The publication or sharing of content and works which are protected under intellectual property law or other copyright or contract law is prohibited. If SWICA establishes that the User is sharing such works on mySWICA, SWICA expressly reserves the right to take legal action. Further use of mySWICA by the User will be prevented in these cases. In this case, the User shall hold SWICA absolutely harmless from claims asserted by third parties against SWICA due to the violation of said rights by the User.

IV. Login and registration

4.1 Login process for mySWICA

Users log in to mySWICA by entering their registered email address, password and registered mobile number.

Users of the mySWICA app also have the option of logging in using biometric authentication. Authentication using fingerprint or facial recognition technologies is available as an integrated component of the operating system/mobile device or as an additional app on a mobile device. Anyone using such technology on their device accepts the technology provider's privacy terms and terms of use. SWICA has no influence over any technical problems that may arise during installation and use, or over the processing and storage of personal data relating to such biometric authentication technology. Biometric authentication is used at the User's own risk and is therefore completely outside SWICA's control. SWICA rejects any liability regarding the use of this technology, in particular liability for the unlawful processing of associated data. The following tips may be helpful in making the use of mySWICA more secure and efficient:

Only store your own fingerprint or a picture of your own face (and not those of third parties) for use of the mySWICA app.
Use a PIN or password as an additional layer of security.
Keep the device protected and do not allow third parties to access it.
Regularly check the data protection provisions of the technology provider in order to keep abreast of any changes regarding the way that data is used.

4.2 Access to data of third parties

Main contact person
Under the family policy managed within the context of the insurance relationship, the main contact person is granted full access to all correspondence conducted via mySWICA for all insured persons included in the family policy, as well as the information contained therein, including particularly sensitive personal data such as data relating to health. The main contact person confirms that they have informed all co-insured persons about the processing of data in connection with the use of mySWICA, and about the sharing of personal data with third parties. Access can be restricted or prohibited within the family setup at the request of the individual concerned. Users can contact their customer advisor to discuss requests of this nature.

Co-insured persons
The main contact person may authorise any other co-insured adult to make changes in the customer portal. This assignment of authority not only grants the recipient the same editing rights as the main contact person, but also gives them unrestricted access to all data including particularly sensitive data relating to all co-insured persons. By assigning authority in this way, the main contact person confirms that he/she has informed all other co-insured adults about the assignment and that they have consented to the person in question being able to view the data.

4.3 Push notifications

The mySWICA app allows push notifications to be sent to the User. Permission to send push notifications can be changed in the "Settings" section of the mySWICA app.

V. Data protection and processing

Protecting personal data is a top priority at SWICA. SWICA takes all necessary technical and organisational measures to protect data against unauthorised access and processing. These measures are continuously reviewed, tested and adapted to ensure the highest level of data protection at all times. Furthermore, SWICA always complies with all statutory provisions on data security and on protecting particularly sensitive personal data.

5.1 Data categories

By using mySWICA, the User expressly agrees that the data categories defined in these "mySWICA Conditions" may be processed.

Personal data (such as name, address and date of birth)
Invoice-related data (such as claims-related documents with treatment duration and prescribed medication)
Contract data (including insurance cover data such as selected excess, family doctor, accident cover)
Other technical data such as the IP address or other data on the mobile device and browser used to access the service, location data (if activated)

The User decides which data categories to enter and share in mySWICA. SWICA recommends that Users should NOT enter any particularly sensitive data (such as health data, including diagnoses and symptoms, or financial problems) in mySWICA.

5.2 Purpose of data processing

The data is processed for the following purposes:

a) Provision of user data on mySWICA
This includes processing within the context of the insurance contract (e.g. the processing of invoices and other invoice-related documents, assessments of benefits, adjustments or amendments to the existing insurance contract).

b) Customer communication
The processing of data for customer communication purposes includes

responding to user-initiated messages;
providing, managing and implementing customer communication via electronic means;
business communication via phone, email, voice mail, text messages (SMS), push notifications etc.), video messages or instant messaging.

c) Analysis, user behaviour and security
SWICA collects technical data (log files) to enable the tracking of the data entered and processed in mySWICA, to simplify processes and make use of findings from the analysis of user behaviour, and to contribute to the continuous improvement of the customer portal and to improved user security. The technical user data is collected in anonymised form and evaluated for statistical purposes. It does not contain any personal information about the User.

d) Delivery of personalised content
SWICA provides a dashboard in mySWICA to show Users personalised content that is compiled on the basis of the anonymised analysis, the User's behaviour, and the personal information uploaded or entered to mySWICA by the User. The personalised content is generated automatically and cannot be viewed by SWICA.

e) Marketing
SWICA may process personal data across all online services (BENEVITA, mySWICA, website and so on) on the basis of a legitimate interest to carry out marketing activities. SWICA defines marketing activities as conducting market research and providing comprehensive support, advice and information on the range of services offered; preparing and providing customised services (e.g. advertising in print and online media; holding cultural events and events for customers or prospective customers, sponsorship activities; conducting surveys on customer satisfaction and future customer needs and behaviour; and evaluating the potential of customers, markets or products).

f) Profiling
To improve the service SWICA may, with the User's consent, process personal data relating to the use of online services across all online services (such as BENEVITA, mySWICA, website). This may result in the creation of user profiles which help SWICA to provide personalised offers to the customer.

5.3 Processor and data processing outside Switzerland

Data may be shared with third parties to whom services such as IT are outsourced in Switzerland or abroad. SWICA contractually obliges its third parties to maintain confidentiality and secrecy and to comply with the Swiss Data Protection Act. In order to be able to guarantee the legal requirements, SWICA has concluded a contracted data processing agreement with Unic, the operator of mySWICA. If the contractor to whom data processing is outsourced shares data with a subcontractor, the subcontractor will be subject to the same contractual obligations as those imposed by SWICA on the contractor.

5.4 Data transmission

The transmission of data from Users to the infrastructure on which mySWICA is operated takes place via public networks (e.g. the mobile phone network and the internet). The provider protects data transmitted via these networks using state-of-the-art measures. SWICA has no influence over the protective measures in question.

5.5 Data storage

The data is stored in professionally operated data centres in Switzerland or the European Union.

5.6 Cookies, websites and analytics

Some mySWICA content is made available through a website operated by SWICA. This website may use cookies, and may therefore store cookies on the User’s device in line with the internet browser settings. Website usage and cookie management are governed by the Cookie Policy, the legal provisions of the website, and the cookie settings.

With the User's consent, SWICA uses analytics software that analyses user behaviour in personalised form across all online services (see Section 5.2 (f)). The content of the data processing is explained in each consent declaration.

5.7 Retention periods

The data entered in mySWICA is retained for as long as the purpose (as defined in Section 5.2) justifies processing or for the defined statutory retention period. The data is archived for up to ten years following termination of the contractual relationship between SWICA and the User, even if mySWICA was deleted from the User’s device at an earlier date. The data is irrevocably deleted upon the expiry of the retention period.

5.8 User rights

Users can assert their rights to their personal data in the context of data processing at any time. SWICA can restrict such rights or reduce them to a minimum only if it has a legitimate interest or is legally obliged to do so. The aforementioned rights can be exercised by means of a written application, including a copy of an official identity document. Applications can be submitted to SWICA Healthcare Organisation, Data Protection Unit, Römerstrasse 38, 8400 Winterthur or by email to datenschutz@swica.ch.

5.9 User's duties to take due care

The User is personally responsible for his or her device.

The access data used for accessing mySWICA must be kept secret and protected against misuse by unauthorised persons. Passwords should not be written down or stored in an unprotected form on a device.

The User is responsible for ensuring the requisite level of security on his/her device. The User is responsible for the consequences of any unauthorised use of data downloaded from the mySWICA app.

SWICA accepts no liability for any direct or indirect losses incurred by the main contact person or the additional policyholders within the family construct.

If the User has chosen to receive documents, including invoices from SWICA, in digital form only, then the User is obliged to log in to his or her mySWICA account regularly to view them. It is the User's responsibility to promptly pay (by means of an electronic payment system or direct debit) any invoices received via mySWICA.

SWICA uses technical means to keep mySWICA virus-free. Despite SWICA's best efforts, complete protection against malware cannot be guaranteed. Consequently, Users should take measures for their own protection (such as using a virus scanner) before downloading information, software and documentation.

VI. Disclaimer

SWICA declines any liability – to the extent permitted by law – for direct or indirect damage incurred by the User in connection with the use of mySWICA, particularly in the event of incorrect or incomplete data entry.

In all other respects, the GTC (in particular Section XI on warranty and liability) and the SWICA Data Protection Declaration apply.

VII. Applicable law and place of jurisdiction

All legal relationships between SWICA and the User are subject to Swiss law, excluding private international law and international conventions. The exclusive place of jurisdiction for all proceedings is SWICA's Head Office in Winterthur, unless mandatory Swiss law provides otherwise.

VIII. Information and contact details

Additional information and details can be found in the GTC and the SWICA Data Protection Declaration, as per Section 1.3.

If you have general questions or questions about the Special Conditions for mySWICA, you can contact your personal SWICA Customer Service representative at any time or use the contact form to submit your enquiry.

Version 4/2023