Privacy, Security, and Imprint

Imprint

Responsible for the operation of “Well” is:

 

Well Gesundheit AG
Bernstrasse 39
CH-8952 Schlieren

info@well.ch
www.well.ch
CHE-256.606.428

Third-party imprint

Responsible for the “Symptom checker” function:

in4medicine AG
Monbijoustrasse 23
3011 Bern

Responsible for the “Telemedicine appointment booking” function:

Medi24 AG
Bolligenstrasse 54
CH-3006 Bern
Tel. +41 31 340 05 00
Fax +41 31 340 05 55
info@medi24.ch
Handelsregister CHE-101.216.589

Responsible for the functions “Receiving and redeeming e-prescriptions”, “Doctor search and requesting a doctor’s appointment”, “Uploading and storing of medical documents by authorised service providers”:

Zur Rose Suisse AG
Walzmühlestrasse 60
Postfach 117
8501 Frauenfeld

team@zurrose.ch
www.zurrose.ch

Telephone:
DE: 0800 711 222
FR: 0800 711 333
IT: 0800 711 444
CHE-101.583.965

For the following services, Well only provides a link to a third-party service; these are not inclusive features of the Well app:

Zur Rose Marketplace
Online Skin-Check
Coronavirus-Check
Online Trainings

Data privacy statement for the Well app

A. General information
Well Gesundheit AG, Bernstrasse 39, 8952 Schlieren (hereinafter referred to as “Well” or “we”) attaches great importance to the protection of your personal data and only collects, processes, stores, and uses your personal data in compliance with the Federal Act on Data Protection (“FADP”) and – where applicable – the European General Data Protection Regulation (“GDPR”).

I. What is this data privacy statement about?
1. Well procures and processes personal data relating to you or other persons (known as “third parties”). In this document, the term “data” is equivalent to “personal data”.
“Personal data” is data relating to an identified or identifiable person, i.e. one who can be identified on the basis of the data provided or with the help of additional data. “Sensitive personal data” is a category of personal data that is particularly protected by current data privacy legislation. Sensitive personal data includes, for example, data that provides information on racial or ethnic origin, as well as data concerning health, information on religious or ideological convictions, biometric data used for identification purposes, and information on trade union membership. You can find information about the data that we process under this data privacy statement in [section III]. “Processing” means any operation performed on personal data, such as the collection, storage, use, amendment, disclosure and deletion of data.

2. In this data privacy statement we describe what we do with your data when you use our website, are in contact with us, or communicate with us in other respects under a contract, or are otherwise involved with us. We may also inform you separately about the processing of your data, e.g. in declarations of consent.

3. When you transmit or disclose data about other persons, for example family members, work colleagues, etc. to us, we assume that you are authorised to do so and that this data is correct. You confirm this assumption by transmitting third-party data. Please make sure that these third parties have been informed about this data privacy statement. The data privacy statement can be opened and read at any time on our website via “”imprint and data protection””.

II. Who is responsible for the processing of your data?
1. Well Gesundheit AG, Bernstrasse 39, 8952 Schlieren (“Well”) is responsible for the data processing described in this data protection declaration, unless otherwise communicated below and in individual cases.

2. You can contact us regarding your data privacy concerns and your rights in this regard at:
Well Gesundheit AG
Bernstrasse 39
8952 Schlieren

III. What data do we process?
We process different data about you, depending on the reason and purpose for processing. We generally receive this data directly from you, e.g. by using our website.

1. Technical data
When you visit our website, we collect your end device’s IP address or a device ID and other technical data to ensure the functionality and security of our website. We generally store technical data for six months. Technical data proving that you have given your consent is stored at least for the duration of your account, or longer if required by statutory archiving requirements. To ensure the functionality of the website, we may assign you or your end device an individual code (e.g. in the form of a cookie; see section XI “Do we use online tracking and online advertising technologies?”) Technical data generally does not allow any conclusions to be drawn about your identity. However, it can be linked to other data categories (and therefore potentially to your person) in the context of user accounts, registrations, or the performance of contracts.
The technical data includes but is not limited to:

  • your device’s IP address and other device IDs;
  • other information about your device, e.g. your operating system or language settings;
  • information about your internet provider;
  • your approximate location and time of use;
  • information about the browser you used to access our website; and
  • system-side records of access and other processes (logs).

We are generally unable to determine who you are from this data, unless you register with the Well app, for example. In this case, we can merge registration data with technical data.
When signing into a WiFi network, examples of data we process include:

  • the MAC address for your end device (a unique identifier for the device);
  • the date, me, and duration of the connection;
  • the location of the WiFi network; and
  • the data volume.

2. Communication data
When you establish contact with us via the contact form, by email, telephone, letter, or any other communication medium, we capture the data exchanged between you and us, including your contact data and the peripheral communication data. If required by the functions provided via our website, we also collect data needed to identify you, e.g. a copy of an identity document. We usually store this data for 12 months from the last exchange between us. The storage period can be longer if required for documentation purposes, for compliance with statutory or contractual provisions, or for technical reasons.

3. Master data
When you establish contact with us via the contact form, by email, telephone, chat, letter, or any other communication medium, we capture the data exchanged between you and us, including your contact data and the peripheral communication data. We generally store this data for 10 years after the last exchange between us or after the contract comes to an end. If data is only used for marketing and advertising, this period is generally shorter – usually no longer than two years since we were last in contact. The storage period may be longer if this is necessary for evidence reasons or in order to comply with legal or contractual requirements or for technical reasons.

IV. For what purposes do we process your data?
We process your data for the purposes described below. These purposes and their underlying objectives represent the legitimate interests of us or third parties. You can find more information about the lawful basis for our processing in section V “On what basis do we process your data”.

1. Communication
We process your data for the purpose of and in connection with our communication with you, in particular to answer enquiries and when you assert your rights, as well as to contact you if we have any questions. To this end, we make particular use of communication data and master data, as well as guest access data and registration data in connection with functions and offers used by you. We store this data to document our internal communications with you, for training purposes, for quality assurance and for answering further questions.

2. Contract preparation and performance
We process data for the establishment, management, and performance of contractual relationships.

3. Marketing purposes
We only process data for marketing purposes if you have given your explicit consent to this, e.g. to receive our newsletter or to take part in surveys. You can withdraw your consent at any time (see section V).

4. Market research, improvement of our functions and offers
We also process your data for the purpose of market research and to improve our functions and the offers on our website.

5. Security purposes
We can also process your data for security purposes.

6. Compliance
We additionally process your data in order to comply with laws, directives, recommendations from government authorities, and internal regulations.

7. Risk management and administration
We also process data for the purpose of risk management and in the context of good corporate governance, including operational organisation and corporate development, and as part of our internal procedures and administration.

V. On what basis do we process your data?
If we ask you to consent to specific forms of processing (e.g. the processing of sensitive personal data, for marketing mailshots, for push messages), we will inform you separately about the purposes of processing. You can withdraw your consent at any time with effect for the future. You can also send us notice of revocation by post or by email. Our contact data is provided in [section II.2]. See section XI for the revocation of your consent to online tracking. As soon as we receive your notice of revocation of consent, we will no longer process your data for the purposes originally approved by you, unless we have another lawful basis for processing. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of this consent before it was withdrawn.

Where we do not ask you to consent to processing, we base the processing of your personal data on the fact that processing is required for the preparation and performance of a contract with you (or the party represented by you) or that we or third parties have a legitimate interest in the processing, in particular to pursue the purposes set out in section IV above and related purposes and to implement suitable measures. This also includes compliance with statutory provisions where this compliance is not already recognised as a lawful basis under the applicable data protection legislation (e.g. for the GDPR, EEA, and Swiss law). Furthermore, this includes the marketing of our products and services, our interest in understanding our markets better, and our ambition to securely and efficiently manage and develop our company and its business operations.

When we receive sensitive data (e.g. health data, information concerning political, religious or ideological views, or biometric data for identification purposes), we can also process your data on another lawful basis, e.g. in the case of disputes, on the basis of the need to process the data in view of legal proceedings or in order to defend and enforce legal claims. In some cases another lawful basis may apply, about which we will inform you separately, if necessary.

VI. To whom do we disclose your data?
We also transmit your personal data to third parties in connection with our contracts and offers or legal duties, or in order to safeguard our legitimate interests and the other purposes listed in section IV. In particular, we transmit this data to the following categories of recipients:

1. Service providers
We work together with service providers in Switzerland and abroad who process data about you on our behalf or who share responsibility with us for doing so, or who receive data about you from us under their own responsibility (e.g. IT providers, shipping companies, providers of advertising services, banks, insurance companies, debt collection companies, credit reference agencies, or address validators).

To allow us to efficiently provide our products and services and concentrate on our core competencies, we obtain services from third parties in many areas. These services include, for example, IT services, information dispatching, marketing, distribution, communication or printing services, building management, security and cleaning, organisation and running of events and receptions, collection services, credit references, address validations (e.g. to update addresses of people who move), anti-fraud measures and services from consulting companies, lawyers, banks, insurance companies, and telecommunications companies. We disclose to these service providers the data they require for their services, which may also include data relating to you. These service providers can also use such data for their own purposes, e.g. to obtain information about outstanding claims and your payment history in the case of credit reference agencies or anonymised information to improve their services. We also conclude contracts with these service providers that include provisions to protect the data where this is not already provided by law.

2. Authorities
We can forward personal data to government offices, courts and other authorities in Switzerland and abroad if we are obliged or authorised to do so by law or it seems necessary in order to protect our interests. This may also include health data. The authorities process any data about you they receive from us under their own responsibility.
Applicable cases include, for example, criminal proceedings, measures implemented by the police (e.g. concepts to protect health, combat violence, etc.), supervisory provisions and investigations, court proceedings, reporting obligations, pre-litigation and out-of-court proceedings, and statutory obligations to provide information and to cooperate. Data can also be disclosed if we wish to obtain information from public authorities, e.g. to prove our interest in information or because we have to identify the person about whom we need information (e.g. from a register).

3. Other persons
This refers to other cases where a third party is involved for the purposes set out in [section IV “For what purposes do we process your data?”].
Other recipients include, for example, persons at different delivery addresses provided by you. In the context of corporate development, we can sell or acquire businesses, parts of businesses, assets, or companies or enter into partnerships; this may also require the disclosure of data (including data about you, e.g. as user or third-party provider or representative of a third-party provider) to the persons involved in these transactions.
All these categories of recipients may in turn involve third parties, which means that your data may also become accessible to these third parties. We can limit processing by certain third parties (e.g. IT providers), but cannot do so for other third parties (e.g. government offices, banks, etc.).

VII. Is your data sent abroad?
As described in section VI “Who do we disclose your data to?”, we also share data with other service providers and third-party providers. These are usually based in Switzerland or the European Economic Area. However, they may have their head office in any other country in the world.

VIII. For how long do we process your data?
We process your data for as long as required by our purposes for processing, the statutory archiving periods, and our legitimate interests in processing for documentation and evidentiary purposes, or as long as required for technical reasons. You can find more information about the relevant duration of storage and processing for the individual data categories in [section III] and the cookie categories in [section XI “Do we use online tracking and online advertising techniques?”]. If there are no statutory or contractual obligations to the contrary, we destroy or anonymise your data at the end of the storage or processing period as part of our normal procedures.

IX. How do we protect your data?
We take suitable security measures to protect the confidentiality, integrity, and availability of your personal data, to protect it against unauthorised or unlawful processing, and to counteract the risks of loss, unintentional modification, involuntary disclosure, or unauthorised access.
As an example, technical and organisational security measures can include data encryption and pseudonymisation, logs, access restrictions, storing backup copies, instructing our employees, confidentiality agreements and controls. We can only secure areas that we have control over, however. We also oblige our commissioned processors to take appropriate security measures.
It must be remembered, however, that security risks cannot be wholly excluded, and residual risks are unavoidable.

X. What rights do you have?
To make it easier for you to keep control over the processing of your personal data, you have the following rights in relation to our processing of your data, depending on the applicable data protection legislation:

  • The right to request information from us as to whether and which of your data we process;
  • The right to instruct us to rectify incorrect data;
  • The right to request the deletion of data;
  • The right to ask us to make certain personal data available in a standard electronic format or to transmit this data to another data controller;
  • The right to revoke consent previously given if our processing is based on your consent;
  • The right to receive further information upon request that is useful for the exercise of these rights.

If you wish to exercise the aforementioned rights, please contact us in writing, by visiting us at our present address or, unless stated or agreed otherwise, by email; you can find our contact details in [section II.2]. To enable us to exclude misuse, we have to identify you (e.g. by requesting an identity document, if you cannot be identified in another manner).
You also have these rights vis-à-vis other parties that work with us under their own responsibility – please contact these parties directly if you wish to assert your rights pertaining to data processing. You can find information about these third parties in section VI.
Please note that certain conditions, exceptions, or restrictions apply to these rights under the applicable data protection legislation (e.g. to protect third parties or business secrets). We will inform you about any such restrictions.

We may in particular have to further process and store your personal data in order to perform a contract with you, protect our own legitimate interests such as the assertion, exercise, or defence of legal claims, or to comply with statutory obligations. Therefore, to the extent permitted by law, and in particular to protect the rights and freedoms of other affected persons and legitimate interests, we can entirely or partly reject a request by an affected person (e.g. by blacking out certain contents relating to third parties or our business secrets).

XI. Do we use online tracking and online advertising techniques?
We use various technologies on our website that we and contracted third parties can use to recognise you when you are using the website and, under certain circumstances, can use to track you over multiple visits. We inform you about this in the following section.
Essentially, this technology allows us to distinguish between access by you (via your system) and access by other users, so that we can ensure the functionality of our website and carry out statistical evaluations. Our intention is not to uncover your identity, even if we can do so insofar as we or contracted third parties are able to identify you by combining your data with registration data from the Well app. Even without registration data, the technologies used are designed in such a way that you are recognised as an individual visitor each time you view the site – for example, by our server (or the third-party server) assigning you or your browser a specific identification number (“cookie”).

Cookies are individual codes (e.g. a serial number) which our server or a server of our service provider or advertising contracting partner sends to your system when you connect to our website and which your system (browser, mobile phone) accepts and stores until a pre-programmed expiry date. Every time you access the website again, your system sends this code to our server or the third-party server. This is how you are recognised again, even though your identity is unknown.
Whenever you access a server (e.g. when using a website or an app or when an image is visibly or invisibly integrated into an email), your visits can be tracked. When we integrate offers from an advertising contracting partner or the provider of an analysis tool into our website, these parties can track you in the same way, even if they cannot identify you.
We use such technologies on our website and allow certain third parties to do so, too. However, depending on the purpose of these technologies, we will ask for your consent before they are used. You can change your browser settings so that the browser blocks or misleads certain cookies or alternative technologies or deletes existing cookies. You can also use browser extension software that blocks tracking by certain third parties. You can find more information about this in your browser’s help pages (usually under “Data protection”) or on the websites of the third parties listed below.

A distinction is made between the following cookies (the other technologies are also included here):

  • Necessary cookies: some cookies are necessary for the website to work as a website or for the functionality of certain features. As an example, they ensure that you can switch between pages without losing information you have entered in a form. They also ensure that you stay signed in. These cookies are only temporary (“session cookies”). If you block them, it is possible that the website may not work. Other cookies are necessary so that the server can save decisions made by you or input you have provided beyond a session (i.e. a visit to the website) if you use this feature (e.g. selected language, given consent, the feature for automatically signing in, etc.). These cookies have an expiration date of up to 24 months.
  • Performance cookies: to optimise our website and corresponding offerings and to better tailor them to our users’ needs, we use cookies to record and analyse the use of our website, which may go beyond the session. We do this by using analysis services from third-party providers. We have listed these below. We ask for your consent before we use these cookies. You can withdraw this at any time (see section V). Performance cookies also have an expiration date of up to 24 months. You can find details on the websites of the third-party providers.

We currently use offerings from the following service providers and advertising contract partners (insofar as they use your data or data from cookies saved on your device to manage advertising):

  • Mixpanel
    We use “Mixpanel” on our website, a service of Mixpanel, Inc., 405 Howard St., Floor 2, San Francisco, CA 94105, USA (hereinafter referred to as: “Mixpanel”). Mixpanel stores and processes information about your user behaviour on our website. Mixpanel uses performance cookies (see above) for this purpose, which enable an analysis of your use of our website and also processes the data in countries without an adequate level of protection, e.g. in the USA.
    We use Mixpanel for marketing and optimisation purposes, in particular to analyse the use of our website and to continuously improve individual functions and offers as well as the user experience. The statistical evaluation of user behaviour enables us to improve our offer and make it more interesting for you as a user.
    Information from the third-party provider: Mixpanel, Inc., 405 Howard St., Floor 2, San Francisco, CA 94105, USA. Further information on data protection from the third-party provider can be found on the following website: https://mixpanel.com/privacy/.You can prevent the installation of cookies by deleting existing cookies and deactivating the storage of cookies in the settings of your web browser. Please note that in this case you may not be able to use all the functions of our website to their full extent.

At the following addresses you can find more information about cookies and similar technologies, including information on how to refuse or delete cookies:

XII. Can this data privacy statement be amended?
This data privacy statement does not form part of a contract with you. We can amend this data privacy statement at any time. The version published on this website is the version that currently applies.

Last update: 21.09.2021

Terms of Use for the Well App August 2021 version

I. General information

1. Scope
These Terms of Use for the WELL app (hereinafter ‘Terms of Use’) govern the relationship between WELL Gesundheit AG, Bernstrasse 39, 8952 Schlieren (hereinafter ‘WELL’ or ‘we’), as provider of the WELL app, and the users of the WELL app (hereinafter ‘users’ or ‘you’).

2. Access to the WELL app and authentication
2.1 Acceptance of the Terms of Use
Your prior acceptance of the Terms of Use is a prerequisite for using the WELL app, its content and functions (be they integrated and/or downloaded online). Without your acceptance of the Terms of Use, usage of the WELL app is prohibited. There is no entitlement to access the WELL app. WELL can make usage of the WELL app dependent on additional contractual provisions.
In the WELL app, you can open and read the Terms of Use at any time, under ‘Terms of Use’.

2.2. Guest access / registration
In the WELL app, protecting your data has top priority. The WELL app lets you decide for yourself how you want to use the WELL app and what data you want to add to the WELL app. For this purpose, you have a choice: You can use the WELL app as a guest or as a registered user. To access it as a guest, you have to create a guest profile, specifying what insurance you hold. Guest access does not enable you to use the WELL app to its full extent, as the required data has not been entered. For example, it is not possible to request an appointment or to receive and redeem electronic prescriptions if accessing the app as just a guest. If you wish to use more of the WELL app’s functions, you can register with the WELL app and add a profile by providing further data. In our Data Protection Declaration, you will find detailed information on how we process data.

2.3 Age limits
The Well app may only be used by natural persons who, at the time of use, are at least 16 years old, are capable of judgement and hold basic insurance in Switzerland. By agreeing to the terms of use, you can confirm that you meet these requirements. For the use of individual functions of the Well app, the user must be at least 18 years old.

2.4 Authentication
Anyone who authenticates to the WELL app with login data is deemed to be authorised with regard to WELL, can view all information and documents contained in the corresponding account, and can use all the functions accessible via that account.

3. Functionality dependant on insurance / insurance model
The WELL app has some functions that you can only use if you hold basic and/or supplementary insurance with one of the following CSS Group or Visana insurance companies at the time of use:

a. Legal entity for basic insurance [HIA/KVG]:

  • CSS Kranken-Versicherung AG,
  • INTRAS Kranken-Versicherung AG,
  • Arcosana AG and Sanagate AG

b. Legal entity for supplementary insurance [IPA/VVG]:

  • CSS Versicherung AG and
  • INTRAS Versicherung AG;

hereinafter collectively referred to as ‘CSS Group’.

c. Legal entity for basic insurance [HIA/KVG]:

  • Visana AG
  • sana24 AG
  • vivacare AG
  • Galenos AG

d. Legal entity for supplementary insurance:

  • Visana Group;

hereinafter collectively referred to as ‘Visana Group’.

4. Offers from third-party providers
The WELL app contains certain functions from third-party providers and links to offers from third parties (see section II. Functions below). Third-party providers and other third parties bear sole responsibility for their offers.

When making use of an offer from a third-party provider or other third party, the user enters into a direct and exclusive contractual relationship with the third-party provider or other third party, who bears sole responsibility for the content of the offer and for provision of services. WELL has no influence over the content of such offers, nor over the provision of services by third-party providers or other third parties.

WELL shall not be liable for any direct or indirect damage that may arise for the user and/or third-party individuals from making use of a third-party provider’s offer, due to usage of linked third-party websites/applications, in connection with such usage, or, in particular, in connection with any kind of services performed by third-party providers or other third parties, be they free of charge or subject to a fee.

With regard to offers from third-party providers and other third parties, the respective third-party provider’s or other third party’s general terms and conditions, as well as their data protection declarations, shall apply.

5. Costs

5.1 Generally free of charge
WELL does not generally charge you any fee for using the WELL app.

5.2 Individual functions subject to a fee
Some individual functions in the WELL app may be subject to a fee and/or require the user to meet certain prerequisites. In the event that you call up a function that is subject to a fee, you will be given detailed information about the respective costs and any prerequisites before use. Unless you expressly agree to the costs, they will not be triggered and you will not be able to use the function.

5.3 Your insurance’s cost coverage
With regard to your insurance’s coverage of costs for services that you use either via the WELL app or on the basis of information from the WELL app, the applicable regulations, general conditions of insurance, supplementary conditions etc. for the relevant insurance are authoritative. It is your responsibility to check whether, and to what extent, services that you use either via the WELL app or on the basis of information from the WELL app are covered by your insurance. WELL accepts no liability in this regard.

5.4. Particularities in the event of an alternative insurance model
In particular, for users and third-party individuals whose basic insurance follows a so-called alternative insurance model (a special form of insurance), the provisions pertaining to that insurance product apply regardless of the information and recommendations in the WELL app. Above all, this means that if any treatment is provided without a referral or without the knowledge of the family doctor or telemedicine centre, treatment costs cannot be covered by the insurance. It is your responsibility to check whether, and to what extent, services that you use either via the WELL app or on the basis of information from the WELL app are covered according to your insurance model. WELL accepts no liability in this regard.

In life-threatening situations, the relevant emergency organisation must be contacted directly. Afterwards, the family doctor or telemedicine centre must always be informed promptly (see the insurance product’s regulatory provisions).

II. Functions
1. Functions that WELL is responsible for
WELL provides you with the following functions:

  • Home remedy catalogue
    This function suggests simple home remedies and measures that you can apply as part of self-treatment. The aim is to increase the patient’s autonomous and independent involvement, focusing on remedies with few or no side effects (home remedy search). Links to suitable products available in the online shop Zur Rose are provided (see section IV).
  • Preventive recommendations
    If you wish, you can receive recommendations on preventive examinations that are suitable for you. To this end, you can systematically answer questions about your age, gender and state of health. The results will be based on the latest scientific findings.
  • Upload and save medical documents
    You can upload medical documents (e.g. treatment plans, test results etc.) to the WELL app and save them in your mailbox. Uploading occurs either by means of accessing the media library on the device used, or by directly taking photos with its camera. WELL can display various types of document directly in the application: PDF, JPEG, Word or Excel files. Documents can also be renamed as desired.
  • A-Z of illnesses
    This function offers you a comprehensive catalogue of the most common syndromes. The syndromes are described, including the respective symptoms, causes and treatment options. You will also find information on when a doctor should be consulted and on which measures are suitable means of alleviating the illness yourself.
  • Catalogue of medicines
    This function presents you with a list of non-prescription medicines. Information on the applicability and composition of each medicine is provided. The patient information leaflet can also be called up digitally.

2. Functions from third-party providers in the WELL app
The WELL app also enables access to various functions offered by third-party providers. The third-party providers bear sole responsibility for these offers. The functions are as follows:

  • Symptom checker (medical device)
  • Book telemedicine appointment
  • Seek doctor and request doctor’s appointment
  • Receive and redeem e-prescriptions
  • Let authorised service providers (SPs) upload and save medical documents

3. Links to third-party offers outside the WELL app
The WELL app also provides simple links to third-party offers. These offers cannot be used as functions within the WELL app. Instead, the third-party websites/apps must be called up directly. The third parties bear sole responsibility for the offers found there. The links are currently as follows:

  • Zur Rose marketplace
  • Online skin check
  • Coronavirus check
  • Online training:
    a. Psychological online training
    b. Online training against anxiety and panic attacks
    c. Online sleep training
    d. Online training for a balanced diet
    e. Online training against pain and tension

III. Special provisions on functions from third-party providers in the WELL app
In the following, the various functions from third-party providers are briefly explained, the responsible third-party providers are named and reference is made to their terms of use and data protection declarations. Some of the offers mentioned are not available to all users (see section 2 above) and require, among other things, specific insurance cover with certain companies. The prerequisites for accessing the individual functions are mentioned below, as well as in the respective third-party providers’ terms of use, and are subject to change at any time.

1. Symptom checker

A software solution from in4medicine AG, Monbijoustrasse 23, 3011 Bern (hereinafter ‘in4medicine’) is used for the symptom checker function in the WELL app. The symptom checker function is a class I medical device. The symptom checker function was developed in accordance with the European Medical Devices Directive (93/42/EEC MDD) and registered with Swissmedic as compliant with regulations.

Legal information, contact and support
In4medicine bears sole responsibility for the correctness of the symptom checker function’s medical content, the recommendations that it outputs and the accompanying information:

in4medicine AG
Monbijoustrasse 23, CH-3011 Bern
CHE 114.317.142
Tel.: 031 370 13 30
www.in4medicine.ch
info@in4medicine.ch

in4medicine AG is responsible for the symptom checker function. However, you are welcome to report defects, operational problems or complaints relating to the symptom checker function, either via the Support contact form at www.well.ch/kontakt or via the email address support@well.ch.

Access to the symptom checker function / registration
The symptom checker function is only available to users who:

  • are at least 16 years old and capable of judgement when using the WELL app and
  • hold basic insurance in Switzerland and
  • have agreed to in4medicine’s terms of use.

The symptom checker comprises systematic digital questioning of the patient to ascertain their state of health, along with a corresponding recommendation regarding the next treatment steps. After answering the questions, you receive an automated evaluative summary of the symptoms and findings. Possible underlying illnesses are also determined and named (differential diagnosis as part of the symptom checker’s recommendation).

Third-party provider:
in4medicine AG
Monbijoustrasse 23, CH-3011 Bern
info@in4medicine.ch

In4medicine GTCs
In4medicine data protection declaration

2. Book telemedicine appointment
You can use WELL to make an appointment with the telemedicine provider (Medi24). The appointment is booked either on the basis of the triage decision after using the symptom checker or regardless of this. However, the latter is only possible for users who are either customers of CSS/Visana (or of companies belonging to the respective group) or whose insurance includes use of Medi24’s telemedicine services. Once an appointment has been made, a telemedicine callback is requested.

Third-party provider:
Medi24 AG
Bolligenstrasse 54, CH-3006 Bern
tel. +41 31 340 05 00
info@medi24.ch
commercial register CHE-101.216.589

Medi24 GTCs and data protection declaration

3. Seek doctor and request doctor’s appointment
You can use various search criteria (name, speciality, location) to seek a doctor who meets your requirements. WELL displays all possible results that match your search criteria. Once a suitable doctor has been found, the WELL app allows you to send them an appointment request. Along with the dates and times that are possible for the patient, a contact form and other documents are submitted. After receiving the appointment request, the selected doctor contacts the patient.

Third-party provider:
Zur Rose Suisse AG
Walzmühlestrasse 60, 8500 Frauenfeld
team@zurrose.ch
Commercial register CHE-101.583.964

Zur Rose GTCs (only in FR or DE)
Zur Rose data protection declaration (Only in IT, FR or DE)

4. Receive and redeem e-prescriptions
This function enables the receipt, verification and processing of digital e-prescriptions issued by doctors. The e-prescription is displayed in WELL and can be redeemed such that the prescribed medicine is either collected from a nearby pharmacy (1) or delivered to your home (2).

Third-party provider:
Zur Rose (eRx wallet)
Walzmühlestrasse 60, 8500 Frauenfeld
team@zurrose.ch
Commercial register CHE-101.583.964

Zur Rose GTCs (only in FR or DE)
Zur Rose data protection declaration (Only in IT, FR or DE)

5. Let SPs upload and save medical documents
A service provider (SP) can upload medical documents (e.g. treatment plans, test results etc.) to the WELL application and save them in your mailbox if you instruct them to do so.

Third party:
Zur Rose (BlueConnect) AG
Walzmühlestrasse 60, 8500 Frauenfeld
team@zurrose.ch
Commercial register CHE-101.583.964

Zur Rose GTCs (only in FR or DE)
Zur Rose data protection declaration (Only in IT, FR or DE)

IV. Links to third-party offers outside the WELL app
The linked third-party offers outside the WELL app are described below:

1. Zur Rose marketplace
Beauty and personal care (BPC) products and over-the-counter (OTC) products can be ordered from Zur Rose via this service. The WELL app provides you with a link to the Zur Rose marketplace.

Third party:
ZRMB Marketplace Ltd
Walzmühlestrasse 60, 8500 Frauenfeld
team@zurrose.ch

Zur Rose GTCs (only in FR or DE)
Zur Rose data protection declaration (Only in IT, FR or DE)

2. Online skin check
You can choose a dermatologist licensed in Switzerland and have them check your skin, or certain areas of your skin, online. This check is particularly suitable for rashes, eczema or moles. The service guarantees a response within 48 hours and is subject to a (one-off) fee.

Third party:
OnlineDoctor AG
Lerchenfeldstrasse 3, CH-9014 St. Gallen
onlinedoctor.ch

OnlineDoctor GTCs
OnlineDoctor privacy statement

3. Coronavirus check
This service can be used to classify coronavirus-related symptoms. You select the listed symptoms that you are experiencing and answer additional questions about (previous) illnesses, working conditions and social behaviour. At the end, you receive a result and a recommendation on how to proceed. The recommendation varies from canton to canton.

Third party:
Swiss Federal Office of Public Health
https://check.bag-coronavirus.ch/screening

Links to online training outside the WELL app

4. Online training (only for CSS customers)
The linked online training comprises external third-party offers that are only accessible to CSS customers and include the following modules:

a. Psychological online training (third-party offer)
The program ‘deprexis®’ offers personal support for the treatment of psychological complaints. The program contains visualisation and audio relaxation exercises, as well as effective everyday and motivational tips, which are sent to the user via email or text message. This product is a CE-marked medical device from GAIA AG.

b. Online training against anxiety and panic attacks (third-party offer)
The GAIA AG program ‘velibra®’ teaches exercises and techniques for dealing with anxiety and panic attacks over a certain period of time. In this way, the user learns to optimise their thought patterns and reduce their anxiety in everyday life. This product is a CE-marked medical device from GAIA AG.

c. Online sleep training (third-party offer)
The program ‘somnio®’ comprises several modules. It helps the user to learn effective relaxation techniques and optimal sleeping times. This program is based on a digital sleep diary. This product is a CE-marked medical device from mementor DE GmbH.

d. Online training for a balanced diet (third-party offer)
This nutrition program helps the user to change their daily eating habits by means of recipes and shopping lists. The program also offers personal support from nutrition specialists. The offer is rounded off by exercise tips.

e. Online training against pain and tension (third-party offer)
This offer comprises an app that is activated for CSS customers (trial weeks free of charge, thereafter subject to a fee). The medicalmotion app is a certified medical app that can help to counteract pain and tension.

V. Your rights and obligations

1.
Upon your acceptance of the Terms of Use and to the extent permitted by the app stores’ and third-party providers’ terms and conditions, which are also to be observed, WELL grants to you, for the duration of this user agreement, the non-exclusive, personal, non-transferable, non-sublicensable, always revocable right (hereinafter ‘licence’) to install and use the WELL app solely for private non-commercial purposes, only on devices (smartphones and tablets) that are yours (i.e. which you own or otherwise have control over) and as authorised by the app-store operator and the third-party provider.

2.
In general, you can use the WELL app for yourself, as well as for a third-party individual. A third-party individual is considered to be any natural person other than the user, for whom you specifically enter information in order to use the WELL app. Usage on behalf of a third-party individual for commercial purposes is prohibited. You bear sole responsibility for the use of the WELL app by, or for, the third-party individual.

3.
The licence does not permit you to install and use the WELL app on a device that you do not own or otherwise have control over. Using the WELL app, or transferring or lending it to a third party, in any manner not provided for in these Terms of Use without the prior written consent of WELL is prohibited. Commercial usage of the WELL app is prohibited. You are not allowed to use the WELL app, in whole or in part, as part of a public performance or presentation, even if no fee is charged. Furthermore, you are not allowed to sell, rent, lease, copy, modify, adapt, redistribute, publicly display, transmit, transfer, alter, decompile, reverse-engineer, disassemble, obtain source code from or sublicense the WELL app, or to transfer or cede your rights to third parties, without written authorisation from WELL. Any forwarding, reproduction, modification or publication of the WELL app’s content is prohibited without the prior written consent of WELL.

4.
The truthfulness of the information you provide will not be checked. When using the WELL app, you are prohibited from providing false or misleading information, or from falsely or untruthfully answering questions asked in the WELL app. You are also prohibited from using the WELL app in an unlawful manner.

5.
You grant WELL a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable right, in particular, to use, reproduce, distribute and display the information (and content thereof) that you upload, save, send or receive via the WELL app, and to create derivative works from it. The rights that you grant are limited to the purpose of operating and providing the WELL app or to the purposes set out in the Data Protection Declaration. You declare that you have acquired all necessary rights in connection with uploaded content from third parties. You shall indemnify WELL against any third-party claims (including damages, expenses and reasonable legal fees) based on any alleged infringement of the third-party rights mentioned in this section.

6.
It is possible that updates and/or upgrades will be issued from time to time, either by WELL, or else via the app stores or third-party offers. It may therefore be necessary for the user to download and/or update third-party software in order to continue using the WELL app. Usage and/or continued usage of the WELL app may be dependent on the downloading and/or updating of third-party software.

7.
You are responsible for careful handling of the device on which the information and data in the Well app have been stored.

8.
You are also responsible for handling your login data confidentially and for all consequences that may result from its misuse. In particular, you must keep your login data secret and carefully guard your account against access and misuse by third parties. If there is reason to suspect that unauthorised third parties have knowledge of the login data, WELL must be notified immediately by email. WELL is entitled to block access at any time.

VI. Use of WELL app at user’s own risk and peril / no medical consultation / no substitute for personal consultation or treatment provided by a doctor

1.
The WELL app serves mainly as an orientation aid, to provide initial support when there are concerns about health, such that complaints, symptoms or questions about health (hereinafter ‘queries’) can be specified, particularly via voice or keypad. The WELL app is no substitute for a personal consultation with, and/or treatment provided by, a doctor. Advice or treatment is always to be sought directly from a doctor in cases of doubt or uncertainty.

2.
Correct answering of the questions asked via the WELL app and accurate data entry are indispensable prerequisites for using the WELL app. In all cases, use of the WELL app occurs at the user’s own risk and peril, even if the data entered is correct.

3.
No medical diagnoses can or will be made with the WELL app. Consequently, no independent diagnoses are to be made, no medicines are to be taken and no treatment is to be attempted on the basis of the suggestions, procedures, information, tips, data, evaluations etc. generated by the WELL app.

4.
Under no circumstances is it possible or permissible to disregard a doctor’s advice, or to postpone or fail to make an appointment with a doctor, on the basis of, or due to reliance on, any information read or otherwise perceived in the WELL app. If you have complaints or anything else that is similar to what is specified in the WELL app, you bear sole responsibility for deciding whether or not to obtain advice or treatment from a doctor.

5.
In medical emergencies, a doctor or the emergency services must always be contacted immediately. You bear sole responsibility for the contacting of a doctor or the emergency services.

6.
The WELL app is provided for information purposes only. All content that is visible, perceptible or downloadable in the WELL app is provided as is, without any kind of guarantee, warranty or assurance. The usage of the information provided and the following of the recommendations received via the WELL app occur at the user’s own risk and peril.

VII. Exclusion of guarantee

1.
WELL provides the WELL app as is, without any assurance that it will achieve any particular objectives and without assurances or guarantees of any kind. Downloading, installation and use of the WELL app occur solely at your own risk and peril. Both WELL and the app stores hereby completely disclaim any and all (implied or explicit) guarantees pertaining to the WELL app, and offer no other (implied or explicit) promises, warranties or assurances of any kind with respect to the WELL app. In particular, WELL and the app stores do not guarantee the following (this is not an exhaustive list):

  • that the WELL app, given the characteristics of the internet and the technologies involved, works or is available at all times without errors, interruptions or delays, or that errors will be corrected;
  • that error-free use of the WELL app is provided for or possible at all times;
  • that the downloading, installation and use of the WELL app will not lead to losses, data corruption, attacks by third parties, attacks with viruses or other malware, unwanted interference, hacking or other security-related disturbances (e.g. third parties reading or modifying data). WELL accepts no liability in this regard.

2.
As the user, you bear sole responsibility for backing up the data on your device, including data stored in the WELL app. It is therefore strongly recommended that you keep a hard copy of your own health-related data in a safe place.

3.
The WELL app solely serves the purpose set out above in section 12. The content of the WELL app has been carefully prepared in accordance with current knowledge. Nevertheless, WELL and the app stores do not provide any guarantee or other assurances of any kind regarding the correctness, completeness, appropriateness or up-to-dateness of the content conveyed via the WELL app, be it from WELL or from third parties.

4.
Questions or keywords can be entered, in particular as keypad input or, perhaps in the future, verbally by means of the voice function. Correct or complete speech recognition cannot be guaranteed.

5.
In all cases, you act at your own risk. Correct answering of questions and accurate data entry are prerequisites for using the WELL app. The usage of the information provided and the following of the recommendations received occur at your own risk. In medical emergencies, a doctor or the emergency services must always be contacted immediately. You are responsible for the contacting of a doctor or the emergency services. The WELL app cannot reliably determine whether or not there is an emergency on the basis of the provided data or answers to questions. Moreover, correct and complete transfer of data to third parties cannot be guaranteed.

6.
You are responsible for your device. You are aware that unauthorised access to your device can result in data being misused or stolen by third parties.

7.
Despite all the security precautions taken, neither WELL nor you can guarantee absolute security with regard to the connection between your device and the WELL app.

8.
WELL reserves the right to modify or discontinue the WELL app at any time without notice. In particular, WELL may add a function to the WELL app that enables WELL to temporarily or permanently deactivate the WELL app in whole or in part, without notice or explanation. At no time is there any entitlement to continued use of the WELL app and/or individual functions. Availability may also be interrupted at any time, e.g. for the purposes of maintenance, repair and improvement.

VIII. Exclusion of liability

1.
Any liability on the part of WELL for any kind of direct or indirect damage incurred by you and/or third-party individuals is, as far as legally permissible, fully excluded and thus ruled out. Liability on the part of WELL for auxiliary persons or for third parties who are called in is, as far as legally permissible, fully excluded and thus ruled out. In particular, WELL shall not be liable for:

a. direct or indirect loss, consequential damage, loss of profits, downtime, loss of earnings or unrealised savings in connection with the usage, functionality or availability of the WELL app, interaction between different users or parties in connection with usage of the WELL app, or the modification or termination of services;

b. damage to technology or losses caused by malware, spyware or similar software, loss of data or other losses resulting from any kind of interruptions to operations/production;

c. damage caused by the downloading of data from the WELL app or by the further use or forwarding thereof;

d. stored data that has illegal content or is used illegally or improperly by you and/or third-party individuals;

e. damage to health or other damage resulting from services or treatments that you and/or third-party individuals make use of;

f. damage to health or other damage resulting from non-utilisation of services or treatments on the part of the user and/or third-party individuals;

g. damage to health or other damage due to consultation errors made by third-party providers in connection with the WELL app. The third-party providers bear sole responsibility for fulfilling their obligations and meeting legal requirements, in particular any medical duty of care and medical confidentiality obligations.

2.
You are responsible for all third parties’ actions in connection with the copy of the WELL app that is stored using the system on your device. This system encompasses the user’s device and/or network. However, these are both outside the control of WELL and may become a weak point in the system. You accept the risks associated with this. You are obliged to inform yourself in detail about the necessary security precautions as per the respective current state of technology and to take suitable protective measures.

3.
You shall be liable to WELL, and fully indemnify WELL, with regard to all damage resulting from any usage of the WELL app by you or third parties (i.e. including third-party individuals) that is not authorised by WELL. You are responsible for ensuring that such third parties comply with these Terms of Use and, in particular, that they are aware of, and bear in mind, the exclusions of liability and guarantee.

4.
For offers from third-party providers, the respective third-party provider bears sole responsibility in all respects, in particular for the content of the offer and the provision of services. You enter into a direct and exclusive contractual relationship with the third-party provider, regardless of whether the third-party provider’s offer is free of charge or subject to a fee. Therefore, you cannot assert any claims whatsoever against WELL with regard to the third-party provider’s offer and any kind of liability on the part of WELL vis-à-vis you and/or third-party individuals is therefore excluded.

5.
WELL shall not be liable for any damage, other expenses or costs resulting from the WELL app’s incompatibility with your system or operating environment, including hardware, operating systems, software from third-party providers, peripherals or networks.

6.
As far as legally permissible, WELL disclaims all liability for the correctness, completeness, appropriateness and up-to-dateness of the information, data and recommendations provided or made available by the WELL app, including those from third parties. In particular, WELL accepts no responsibility or liability whatsoever for actions taken or not taken by you on the basis of information in the WELL app.

7.
The WELL app may contain hyperlinks to websites on the World Wide Web (hereinafter ‘third-party websites’) that are not maintained by WELL and are not related to WELL in any way. You activate such hyperlinks at your own risk. The hyperlinks are made available to you as a courtesy. WELL is not in charge of, or responsible for, checking or evaluating the content of these third-party websites. WELL therefore accepts no liability or responsibility for the content of such third-party websites, or for the correctness or completeness thereof in particular.

IX. Intellectual property rights

1.
All copyrights, trademark rights, proprietary rights and other intellectual property rights relating to the WELL app are the exclusive property of WELL and its licensors. In particular, all of the WELL app’s content is protected by copyright. All rights pertaining to the WELL app that are not expressly granted to you under the Terms of Use are retained by WELL and its licensors. Unauthorised use, reproduction or copying of the WELL app’s content or parts thereof is strictly prohibited. No legal, copyright-related, trademark-related or other notices may be removed from the WELL app.

2.
WELL neither guarantees that the WELL app does not infringe the intellectual property or other rights of third parties, nor accepts any liability for damage resulting from infringement of intellectual property or other rights of third parties caused by use of the WELL app. The app stores rule out any responsibility on their part, for investigating, defending or settling any third-party claims against the existence or use of the WELL app. They are obliged to provide WELL with immediate written notification of any asserted third-party claims.

3.
The user shall refrain from any use or modification of WELL’s name, trademarks and/or logos respectively, without the prior written consent of WELL. These obligations to refrain apply for an unlimited period of time.

4.
After accepting the Terms of Use, the user does not obtain or hold any rights to the WELL app, in whole or in part, besides the right of use granted in accordance with the Terms of Use.

X. Data protection
Data protection and data security have top priorities in the Well app. The privacy policy provides you with a detailed overview of how Well processes your personal data.

XI. Term and termination of the user agreement
This user agreement comes into force upon acceptance of the Terms of Use and is entered into for an indefinite period. If the account is inactive for 24 months (no login within the last 24 months), the user agreement is automatically terminated and the account deleted. You will be informed of this by email before the end of the 24 months, as long as you have added an email address to your account.
Both you and WELL have the right to terminate this user agreement at any time, with immediate effect.
Upon termination of the user agreement, your account will also be deleted. WELL will immediately destroy all your data, unless such destruction is hindered due to legal reasons, e.g. WELL’s obligations to preserve records.

XII. Other provisions
1. Amendments
WELL reserves the right to change, amend or replace the Terms of Use at any time, as well as to update the WELL app and to add new additional functions or discontinue individual functions at its own discretion. However, updating is not, under any circumstances, an obligation on the part of WELL. Via the WELL app, you will be informed about changed Terms of Use or functions and required to accept the new Terms of Use. Without renewed acceptance of the Terms of Use, usage of the WELL app will be prohibited.

2. Downloading from the app stores
The WELL app can be downloaded free of charge from the Apple App Store or Google Play (hereinafter collectively referred to as ‘app stores’). The terms and conditions of the respective app store apply to the downloading of the WELL app [insert links]. The app stores are not party to these Terms of Use, but are third-party beneficiaries with the right to enforce these terms and conditions vis-à-vis the user, as far as legally permissible.
For usage of the WELL app, an app-compliant device with an appropriate operating system (on the user’s device, it must be possible to download the WELL app from one of the app stores) and a connection to the internet are necessary. The user is responsible for their mobile communications provider’s or network operator’s data tariffs, as well as all other fees, costs and taxes associated with use of the WELL app. Some of the WELL app’s individual functions might cause large amounts of data to be transmitted, so transmission of this content via a data link may give rise to high transfer fees, especially abroad. Use of the WELL app via domestic and foreign mobile networks or internet connections occurs at the user’s own risk and can generally result in high costs.

3. Accessing the WELL app from abroad
Using the WELL app abroad may cause the law of the country in which the user is staying, or has been staying, to apply. WELL cannot influence this. Outside Switzerland, it cannot be guaranteed that the information and functions contained in the WELL app can be used, or that it is legal to access or pay attention to them. Nor can it be guaranteed that the WELL app per se and/or usage thereof is legally permissible abroad. Use of the WELL app occurs solely at the user’s own risk, also abroad.

4. Contact
If the user has any general questions, they can contact WELL as follows:

  • Email:
    support@well.ch
  • Physical contact address:
    WELL Gesundheit AG
    Bernstrasse 39
    8952 Schlieren

5. Severability clause
In the event that one or more of the provisions in this user agreement proves to be invalid, the remaining provisions shall remain unaffected. The legally invalid provision shall be replaced, in accordance with the meaning and purpose of this user agreement, by a valid provision whose economic effect is as close as legally possible to that of the invalid provision. The same applies in the event of any loopholes.

6. Applicable law
The Terms of Use and all disputes arising in connection with them are governed by Swiss law, to the exclusion of the rules of international private law and of the United Nations Convention on Contracts for the International Sale of Goods.