BENEVITA Conditions of Use and Data Protection Regulations

Declaration of consent

I have read the conditions of use and agree with the data to be processed and the purposes associated with it. By giving my consent, I also confirm that I am over 18 years of age.

Conditions of use

1. General provisions

1.1 SCOPE OF APPLICATION

SWICA Healthcare Organisation (SWICA Group, consisting of SWICA Healthcare Insurance Ltd, SWICA Insurances Ltd, PROVITA Gesundheitsversicherung AG and SWICA Management AG – hereinafter referred to as “SWICA”) is committed to maintaining transparent relations with its stakeholders. These conditions of use govern the contractual relationship between the user and SWICA with regard to the use of the BENEVITA application (hereinafter referred to as “BENEVITA”). The offer is aimed at persons aged 18 or over who are resident in Switzerland (hereinafter referred to as “users”) and who wish to actively promote their health.
For additional services, such as the SWICA BENEVITA bonus programme (hereinafter referred to as the “bonus programme”), the Conditions of Participation of the BENEVITA Bonus Programme (hereinafter referred to as “conditions of participation”) shall also apply. Furthermore, the General Terms and Conditions for Online Services (hereinafter referred to as “GTC for Online Services”), which can be accessed here, also apply to these conditions of use. With regard to data processing, these conditions of use take precedence and the SWICA data privacy statement (hereinafter referred to as the “data privacy statement”) applies on a secondary basis. These conditions of use take precedence over the GTC for Online Services and the data privacy statement, unless otherwise specified below.

1.2 PROVIDER AND OPERATOR OF BENEVITA

The operator of BENEVITA and party responsible for the offering of personal BENEVITA discounts is SWICA Insurances Ltd, Römerstrasse 37, 8400 Winterthur (“SWICA”). Alternative BENEVITA offers are voluntary benefits provided by SWICA Management AG to SWICA customers. SWICA is responsible for managing alternative BENEVITA offers on behalf of SWICA Management AG.
The operator and technology supplier of BENEVITA is bitforge Ltd., Zeughausstrasse 39, CH-8004 Zurich. The data is stored electronically by bitforge Ltd.’s hosting partner at Google Firebase, Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland. The user’s contractual partner for the use of BENEVITA is SWICA.

1.3 USE OF BENEVITA

In order to use BENEVITA, the application must be downloaded and installed. BENEVITA is only available for mobile devices and is available in the App Store (iOS) or Google Store (Android).
BENEVITA can be used independently of any participation in the bonus programme and is basically available for anyone to use. However, SWICA reserves the right to display certain content only to SWICA policyholders who are also participating in the bonus programme.
A SWICA account is not required for simply using BENEVITA without participating in the bonus programme. If the user wishes to participate in the bonus programme, the provisions of the conditions of participation shall apply (see Clause 1.1).

1.4 DECLARATION OF UNDERSTANDING

By downloading and installing BENEVITA on a mobile device, the user declares that he/she has read and agrees to the conditions of participation as well as these conditions of use. If the user does not agree with the conditions of participation and these conditions of use, he/she shall refrain from further access to BENEVITA.

2. General information on use

The information, videos, reports or even games presented in BENEVITA may feature content of a health-related nature. However, under no circumstances do they serve as a substitute for advice or treatment from a doctor or another medical professional. Under no circumstances are the suggestions made to the user by SWICA binding or in any way to be understood as medically relevant advice and under no circumstances should independent diagnoses be made, medication be taken or attempts be made at providing treatment based on such information or evaluations.

3. Entry into contract, duration, amendment and termination

By using BENEVITA, the user accepts these conditions of use. The user thereby obtains an individual licence for the use of BENEVITA that is regulated within the framework of these conditions of use and is valid for an unlimited period.
The user may terminate the licence without notice at any time by deleting BENEVITA from his/her mobile device. SWICA, on the other hand, has the right to cancel individual BENEVITA services or to suspend or modify BENEVITA without compensation at any time.
If the user is also participating in the bonus programme, the conditions of participation for the BENEVITA bonus programme shall apply with regard to termination.

4. Prices and services / additional SWICA offers

The use of BENEVITA is free of charge.
The offering of the BENEVITA health platform comprises the following:

Editorial content on matters related to health, exercise, nutrition and prevention as well as information on leisure activities
Facility for users to enter their own exercise-, nutrition- and wellbeing-related activities
Facility to link to fitness trackers and health apps. The fitness trackers and health apps currently available are shown in the BENEVITA app.

5. General provisions on data protection

5.1 APPLICABLE SWICA DATA PROTECTION PROVISIONS

With regard to data processing by SWICA within the context of BENEVITA – regardless of whether or not the user is participating in the bonus programme – these conditions of use take precedence and the SWICA data privacy statement (see also Clause 1.1), which can be accessed here, applies on a secondary basis. SWICA’s data privacy statement regulates data processing at SWICA, insofar as this is not specifically regulated for BENEVITA in Clauses 5 and 6 below. In addition, SWICA’s data privacy statement regulates the rights of users with regard to the processed data at SWICA.

5.2 APPLICABLE LEGAL PROVISIONS

When handling personal data, SWICA complies with Swiss data protection law. In particular, SWICA does not pass on any of the users’ personal data to third parties without authorisation and protects the personal data entrusted to it from unauthorised processing by means of appropriate technical and organisational measures, as required by law.

5.3 GENERAL DATA PROTECTION PROVISIONS

SWICA guarantees that the data to which SWICA has access within the framework of the bonus programme will be processed exclusively for the purpose of implementing the bonus programme. Data is physically and electronically secured in a way that prevents it from being accessed by unauthorised third parties in accordance with the usual technical standards.
The data entered by the insured person in BENEVITA is stored electronically by bitforge Ltd.’s hosting partner, Google Firebase. By participating in the bonus programme, the user agrees that his/her data will be transferred to Google Firebase. With regard to the contractual basis between bitforge Ltd. and Google Firebase, please note the applicable and publicly available provisions of Google Firebase (https://policies.google.com/privacy). A possible transfer of the data to third countries such as the United States of America (USA) cannot be excluded.
With regard to data processing, SWICA’s data privacy statement and BENEVITA’s conditions of use/data protection regulations also apply.
Personal data will only be disclosed to third parties with the consent of the policyholder or insured person. By participating in the bonus programme, the insured person consents to the disclosure of the data to Google Firebase.

5.4 RIGHTS OF THE DATA SUBJECTS

The user can assert his/her rights against SWICA. The rights to which users are entitled are set out in SWICA’s data privacy statement.

5.5. CATEGORIES OF DATA PROCESSED

Users are not required to provide personal data to use BENEVITA.
However, various kinds of non-personal peripheral data can be gathered and processed in the course of using BENEVITA. Every access to the application is logged by SWICA and stored anonymously for SWICA (in other words it is not possible for SWICA to attribute the access to you). In particular, the collected information includes

the anonymised IP address of the device used;
the operating system of the device used (iOS, Android, etc.);
the volume of data transferred;
the name of the internet service provider (e.g. Swisscom, UPC, Sunrise, etc.);
the date and time of access, and
technical data such as which articles were read, what content was accessed how often, etc.;
the language selected (for app versions below 3.0.0);
an anonymised version of the SWICA user ID, which can only be de-anonymised by SWICA;
the user's progress in the app (for app versions below 3.0.0);
whether the user currently has a challenge running (for app versions below 3.0.0);
what awards the user has already received (for app versions below 3.0.0);
what challenges the user has completed;
how many points and community coins the user has;
which of their own activities the user has entered;
what premium discounts and/or vouchers the user has redeemed.
If a user voluntarily links a health app or fitness tracker, the number of steps and minutes active will be tracked.

The data collected do not allow SWICA to draw any conclusions about the user as a person; they are stored in aggregated form for an unlimited period of time.
Apart from the aforementioned data, SWICA has no insight into or knowledge of what the user is entering in BENEVITA at any time. In particular, SWICA has no insight into or knowledge of whether the user has linked a fitness tracker to BENEVITA. The user receives feedback on activities completed in the app by means of push messages (for app versions below 3.0.0). The user has the option of deactivating or activating the delivery of push messages on their device (within the app) at any time.
The data collected will in particular be used to improve the application, the offering or also security.
If the user deletes their progress in the BENEVITA app, all data will be erased.

6. Data processing by SWICA – SWICA policyholders

In order to participate in the bonus programme, a SWICA account must be created (see Section 2 of the conditions of participation). In this respect, the General Terms and Conditions for Online Services (GTC for Online Services) apply, which must be accepted before the SWICA account is created.
Neither SWICA nor bitforge Ltd. have any insight into the data entered by the user in BENEVITA. In addition to the data mentioned in Clause 5, SWICA only processes the data that is necessary for the processing of the bonus programme. In particular, this applies to information about the insured person or policyholder (surname, first name, date of birth, insurance number, insurance cover and e-mail address or the anonymised version of the SWICA user ID, which can only be de-anonymised by SWICA), insurance policy data and insurance-related information and data concerning electronic data exchange with bitforge Ltd.
Once the insured person’s participation in the bonus programme has ended, the data will be stored and destroyed in accordance with statutory regulations. However, the data will be kept for a maximum of 10 years after the insurance policy expires.
If the SWICA account is deleted, all data will be lost. The BENEVITA discount is no longer granted with immediate effect (see Clause 9 of the conditions of participation).
If only the application is deleted, the data will remain in the SWICA account.

7. Guarantee and liability

SWICA endeavours to ensure the proper operation of BENEVITA. However, it does not guarantee that the platform will be error-free and available at all times.
In researching and disseminating information, SWICA exercises the due diligence customary in the industry. However, SWICA excludes, to the extent possible under the law, responsibility for information that can be accessed in BENEVITA. In particular, SWICA does not guarantee that this content is correct, up to date and complete or suitable for a particular purpose. This does not apply to information of a binding (e.g. offers) or contractual nature.
The user is aware that BENEVITA is offered via the internet, an open network that anyone can access. Despite the use of state-of-the-art security technologies, there can be no guarantee of absolute security, either on SWICA's side, the user's side or in the context of data transmission.
To the extent possible under the law, SWICA rejects all liability for direct or indirect damage which the user may suffer in connection with any use of BENEVITA. In particular, this includes damage as a result of slight or moderate negligence, the use of information or analyses, damage caused by transmission errors, technical problems, interruptions, disruptions or illegal acts by third parties.
Further, SWICA will not assume liability for any third-party services provided via BENEVITA.
If the user links their fitness tracker or health app to BENEVITA, the provisions of the provider of the applications in question may nevertheless be applicable. SWICA assumes no liability in this regard and explicitly draws the user's attention to the fact that SWICA has no influence on these applications nor on their terms and conditions and data protection provisions.

8. Intellectual property

All intellectual property rights (in particular trademark or design rights or copyright, as well as software source codes) to BENEVITA and the bonus programme shall remain with the holder of the respective rights. Any dissemination, copying, duplication, alteration, presentation or publication in any other way (including in a private context) of parts or content of BENEVITA or the bonus programme without obtaining prior consent from the holders of the rights is prohibited. SWICA reserves the right to take legal measures against any infringement of the respective intellectual property rights.

9. Final provisions

SWICA reserves the right to change its services and these conditions of use at any time and without giving any reasons. The user will be notified of any changes in advance in a suitable manner (e-mail/push notification). If the user has provided an e-mail address, communications from SWICA may be sent to the e-mail address registered in the system by the user and are deemed to have been made and delivered on dispatch. If the user does not agree with the changes, he/she may delete BENEVITA and/or terminate his/her participation in the bonus programme at any time. Without termination within 30 days of notification, the changes are deemed to be accepted by the user.

10. Applicable law and place of jurisdiction

All legal relationships between SWICA and the user are subject to Swiss law, excluding any conflict of laws and international agreements.
In the case of participation in the bonus programme, the place of jurisdiction shall be determined in accordance with the general insurance conditions of the concluded supplementary insurance policy.
If there is no participation in the bonus programme, Winterthur in the canton of Zurich shall be the exclusive place of jurisdiction.

07/2023