General Terms and Conditions (GTC) of Sanovation AG
Last updated: 09/11/2015
1. Scope, applicability and changes
These general terms and conditions ("GTC") shall exclusively govern all
rights and obligations between Sanovation AG, Industriestrasse 46, 8152 Glattbrugg,
Switzerland ("Operator") and users ("the User")
of the platforms "CatchMyPain", "Pain Companion" and "Pain Check" ("platforms"), including all
websites and apps for mobile devices operated by Sanovation AG, in particular in
connection with the processing of health-related data and personal data uploaded by the User,
and the information and services offered on these platforms.
Upon registering as a User on one of the platforms, the User shall be deemed to have read, understood and accepted these GTC.
These GTC may only be accepted, and the platforms may only be used by persons who are older
than 18 or with the consent of the legal representative.
These GTC are subject to change by the Operator at any time. Amendments to the GTC will be notified to the User by email or upon visiting one of the platforms. Users who do not wish to accept the amended GTC must immediately cease using the platforms. Continued use of the platforms after notification of the changes shall be deemed to constitute acceptance of the amended GTC by the User. These GTC shall also apply in full to all future amendments and extensions to the platforms.
For reasons of convenience and ease of reading, the present GTC refer to persons only in the masculine. However, in all instances such references are understood to include women as well.
2. Offers and content on the platforms
The Operator offers registered Users platforms for the following purposes:
- to keep an online pain journal,
- to share information and experiences with other patients and healthcare professionals,
- for automated processing and analysis of pain information
- and to provide information on (chronic) pain.
The information which Users can record on the platforms ("User Data") is classified
in the following categories:
- "Personal data": email address, user name and the password of the User as well as any information about the User necessary to process payments (e.g. address, credit card number, etc.);
- "Profile data": date of birth, gender, weight, size and profession of the User;
- "Health data": all journal entries, information on pain profiles, other descriptions of
a pain problem, information on diagnoses and treatments as well as other descriptions of the health or illnesses of Users.
The User Data are not made available by the Operator; instead they are recorded by Users on one of the platforms.
The Operator does not check the content of the User Data. The Operator is entitled to reject, delete and adapt content, exclude Users and cease the provision of services if there is an indication of an infringement of applicable laws, a breach of these GTC or deficiencies in quality, or without stating any reasons at its sole discretion.
3. Use of profile data and health data and consent to inspection by third parties
The above-mentioned profile data and health data of the User aim to assist and improve the alleviation of pain.
To achieve this goal, the Operator may make the User's profile data and health data available to
- similarly affected patients to enable them to learn from each other,
- doctors, therapists and other healthcare professionals to enable them to better treat such (chronic) pain,
- researchers at universities and other research facilities to assist them in their research for the benefit of the patients,
- manufacturers of medical products (e.g. devices or medications) to enable them to improve their products.
As the profile data and health data can be viewed by such third parties, the User is only required to enter information in regard of which he consents to have them made available to third parties. As a rule, third parties are not able identify a User on the basis of the User's profile data and health data. However, the Operator cannot guarantee the anonymity of the Users in full. Users should ensure in particular that they do not provide information that would allow third parties to draw conclusions about their identity, for example, by disclosing their names, addresses or email addresses in their profile data or health data.
The Operator can make the profile data and the health data of Users available to the general public and to any third party in a fully anonymous form.
The Operator may require remuneration from third parties for the data made available to them pursuant to this section, without, however, being required to pay individual Users remuneration in return.
Upon acceptance of the present GTC, the User fully consents to the use of his profile data and health data in the described manner and to their transmission to third parties.
4. Data protection
The Operator undertakes to comply with Swiss data protection law.
The Operator shall save and process the User Data (personal data, profile data and health data) entered by Users on one of the platforms to deliver its services to improve and expand the services offered by the Operator, to obtain insights about pain problems, treatment options and for medical research as well as for service billing purposes.
The Operator makes the data entered on one of the platforms by Users, including personal data, available to third parties for the purpose of providing and especially, but not limited to, for the storage of data and analyzing profile data and health data. The Operator shall require third persons who have access to the User Data to observe data protection regulations. However, to some extent, such recipients of data are located outside the European Union in countries that lack data protection legislation equivalent to corresponding Swiss legislation.
Any liability for damage caused by such third parties, in particular by persons used by the Operator to perform its contractual obligations, is excluded to the extent permitted by law.
As described in Section 3, the Operator makes the profile data and health data entered by Users on one of the platforms available to third parties that may well be located in countries that lack data protection legislation equivalent to corresponding Swiss legislation.
The User expressly consents to data processing and data disclosure as described in this Section.
5. Storage and deletion of the User's data
If the use of the platforms pursuant to Section 11 is terminated in any way, the Operator may irrevocably delete all data of the User entered previously.
Upon termination of the use of the platforms the User may request the Operator to delete the personal data (in other words, email address, user name, password, etc.). To this end, the User must send an email with a corresponding request to firstname.lastname@example.org. The User may, however, not request deletion of profile data and health data. The Operator reserves the right to continue using profile data and health data for the purposes stated in Section 3.
All User Data can be used permanently and without remuneration as part of the platforms and as part of other services of the Operator.
The copyright in all content generated by the Operator shall be held exclusively by the Operator or any specifically mentioned legal title holders. Any reproduction of elements requires the prior written consent of the Operator.
7. Liability and Indemnification
The platforms are NOT a substitute for consulting a medical doctor. If you suffer pain, you should consult a correspondingly trained medical doctor as soon as possible.
The majority of the content on the platforms is not generated by the Operator, and the Operator does not perform any content control of the User Data. For this reason, the Operator does not warrant that the data are accurate, current, lawful and do not infringe the rights of third parties or as to the quality of the User Data; likewise, the Operator does not warrant the accuracy or suitability of any overviews, analyses, statistics on diagnostics or treatments or any improvement or cure. The Operator also does not warrant that all Users will abide by the provisions of these GTC, in particular in regard to the input of the content, will refrain from entering unlawful content or will act in good faith. The liability of the Operator for damage, costs and futile expenses resulting from the content of the platforms is herewith excluded. Any use of the content of the platforms is at the User’s own risk.
Unfortunately, the transmission of data via the Internet is not totally secure. Even though the Operator takes suitable measures to protect the content of Users, the Operator does not guarantee that the data of the User are fully secure against unauthorized access and unauthorized use by third parties. Any input of content on the platforms is at the User's own risk.
The Operator is not liable for the temporary non-availability of the platforms, for the non-availability of individual functions, for malfunctions and for data theft and data losses.
The liability of the operator is excluded to the extent permitted by law.
If a User or third party asserts claims against the Operator for an infringement of their rights by a User due to content entered on one of the platforms, the Operator may disclose the identity and the location of the User from whose user account the content was entered, and the User concerned undertakes to indemnify the Operator from all claims, damage and expenses (including court fees and legal costs).
8. Information Not Advice; No Client-Professional Relationship
Answers of experts on the platforms are provided by experts and are to be used by the User for general information only, not as a substitute for in-person evaluation or specific professional (e.g. medical, etc.) advice. By answering questions or providing information, experts do not form doctor-patient or therapist-patient relationship with the User.
No professional-client relationship shall be formed on the platforms.
Communications on the platforms are not confidential and shall not be the subject of any associated privileges. Communications on the platforms are limited, as described above, do not involve in-person evaluation or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
By interacting with an expert, you agree to these and other important provisions of the terms.
9. Prohibited activities
The following activities are specifically prohibited on the platforms:
- infringement of applicable laws,
- infringement of the personality rights of other Users and third parties,
- violation of proprietary rights of third parties,
- disruption of the operation of the platforms,
- publication of the content of other Users or of the Operator,
- use of the platforms content for uses than those explicitly provided for,
- advertising for medical products or services for commercial purposes,
- the deliberate entry of inaccurate user data,
- the use of the platforms for own commercial purposes
- and any other form of abuse of the platforms.
The Operator is entitled to take technical measures to ensure that illegal activities can be discovered, prevented and prosecuted.
Any breach of the prohibition of the above activities constitutes a serious violation of the GTC and entitles the Operator to exclude the User with immediate effect. The same applies also in the event of a (partial or comprehensive) contract of use for remuneration without giving rise to claims for compensation for the benefit of the User. Any further claims of the Operator, other Users or third parties remain reserved.
10. User Responsibilities
The User is obliged to keep the identification elements (user name and password) assigned to him by the Operator or modified by the User secret from third parties. Upon first choosing a password and at any later change of the password, the User shall ensure that the password is not readily apparent to third parties or easy to guess.
The User shall take the necessary measures to ensure that third parties are not able to use his account without authorization or gain access to it. In this regard, he shall take precautions in particular:
- by securing the access device with a password and the installation of a virus and spyware scanner,
- by deregistering from all platforms, deleting the browser history and cookies after using one of the platforms on access devices that may also be used by third parties (e.g. Internet café).
The User is aware that every person who is in possession of his access data
- may enter data in his name on the platforms,
- may view his User Data already entered on the platforms,
- will be deemed by the Operator to be authorized to act on behalf of the User concerned.
The User shall be responsible for providing at all times up-to-date and accurate personal data to the Operator. In particular, he shall provide an email address to which emails can be effectively transmitted and from which emails are retrieved at regular intervals. Moreover, he shall ensure that the emails of the Operator are not blocked and that there are no delivery obstacles due to spam filters, or that capacity restrictions prevent receipt of the emails.
The User is responsible for ensuring that he meets the technical requirements for accessing and using the platforms.
11. Termination of the use
The use of the platforms can be terminated at any time by the User and takes effect immediately. Notice of termination by the User shall be sent to the email email@example.com or to a corresponding function that may be available on the platforms.
In the case of inactivity of the User (in other words, if the User does not make use of the platforms) for more than six months, the Operator may terminate the use by the User. However, in this case, the Operator shall notify (see Section 12) the User at least one month before termination of the fact that his use will be terminated in the event of continued inactivity.
The Operator is authorized to terminate the use in the event of an abuse of the platforms by the User (see Section 9) without notice period and at any time and permanently exclude the User with immediate effect from further use of the platforms. In such a case, the User will be informed by email, and he shall not be permitted to register again (except perhaps with a new user name) on the platforms.
12. Notification by the Operator to the User
Notifications by the Operator to the User shall be made in one of the following formats and are thus deemed to have been validly transmitted:
- Placing of the information in an easily visible position on one of the platforms, e.g. as part of the registration process or on the start screen after successful login.
- In a virtual mailbox of the User as part of one of the platforms.
- Via email to the email address provided by the User during registration or as amended at a later stage. A notice shall be deemed to have been validly transmitted even if the User has not yet read the email or has not received the email if he has provided an incorrect email address.
The Operator seeks at all times to ensure that the platforms function properly. Foreseeable disruptions (e.g. necessary maintenance works on servers or similar works) will be announced, if possible, in advance.
Malfunctions of the platforms (even where they lead to a loss of data), irrespective of advance notification or not, do not give rise to any claims against the Operator or against third parties that provide contractual services on behalf of the Operator.
14. Final provisions
If one or more provisions of these GTC are invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced by another valid provision that comes as close as possible in effect to the invalid and/or incomplete provision. The invalidity and/or incompleteness of a provision shall not affect the validity of the remaining provisions.
The legal relationship between the Operator and the User shall be governed exclusively by Swiss law.
The exclusive place of jurisdiction for disputes arising out of or in connection with any contract between the Operator and the User shall be the registered office of the Operator.