SWICA's TytoHome offer: General Terms of Use and Data Protection Provisions

A. General Terms of Use

1. Scope of the terms

SWICA's deliveries, services and offers relating to TytoHome are based exclusively on these Terms of Use, even if they are not expressly agreed in later instances. By ordering the TytoHome device, the customer is deemed to have accepted these terms. If the TytoHome device is delivered to customers without an order (e.g. in connection with the alternative insurance model (AIM) Favorit Bestcare), these terms will be accepted during the set-up process. Deviations from these Terms of Use come into effect only if SWICA confirms them in writing.


 

2. Information about SWICA's TytoHome offer

santé24, SWICA's telemedicine service, offers the TytoHome device to SWICA customers as an innovative telemedical exam kit combined with personal support. 

The TytoHome device can be used to make sound recordings of the heart, lungs and abdominal region and to take high-quality digital images and videos of the ears, throat and skin. It is also possible to measure heart rate and body temperature. Patients can send this information to a santé24 medical specialist by text message or as a short video that they record themselves with a smartphone. They can then contact santé24 and discuss the matter via the app directly face to face.


 

3. Use of SWICA's TytoHome offer

SWICA customers who are interested in its TytoHome offer must register on the landing page (swica.ch/tytohome). When registering, users must provide personal information such as surname, first name, date of birth, address and mobile phone number for unambiguous identification. 

Once eligibility to purchase a TytoHome device (see Section 4 below) has been verified, SWICA customers are offered a TytoHome device at a price that is based on their insurance status. The delivery period is also indicated. To accept the offer, customers must choose a form of payment and pay for the device directly. Once payment has been confirmed, an invoice is issued and the TytoHome device is sent to the buyer with the accompanying information within the specified delivery times.

Customers with the Favorit Bestcare AIM receive a TytoHome device free of charge as part of their insurance product, provided they or their household do not already own a TytoHome device.

To be able to use SWICA's TytoHome offer, SWICA customers must first install the Benecura and the TytoCare apps on their smartphone. Both apps are available free of charge as iPhone and Android versions in the app store (iOS for Apple and Google Play for Android). Users must agree to the Terms of Use of both apps.

Use of the TytoHome device requires a Benecura account. Users can switch directly from Benecura to the TytoCare app and then use the TytoHome device independently. However, they must first register with Benecura. The registration data is then transferred directly to the TytoCare app, which can be used without additional registration and login. To use the service, both the TytoHome exam kit and the TytoCare app must be connected to a private WLAN or mobile hotspot.

TytoHome is available to users and their family members. 


 

4. Terms for users

Only SWICA customers above the age of 18 are permitted to use TytoHome. Users can add persons below the age of 18 who are under their custody to their account. Parents and guardians who collect data from persons under the age of 18 assume full responsibility for ensuring that the data is collected correctly and completely.

Only one TytoHome device can be purchased per SWICA customer. SWICA customers with the Favorit Bestcare AIM only receive a TytoHome device if one is not already owned by them or a person in their household.

Each SWICA customer can order only one TytoHome device.

The offer is reserved for SWICA customers whose residential address is in Switzerland.

Customers must first install the TytoCare app from TytoCare and the Benecura app from SWICA before they can use TytoHome. 


 

5. Obligations of users

Users must observe the guidelines and requirements of santé24. 

Use of the TytoHome device in no way constitutes a substitute for a medical consultation. The TytoHome device and the TytoCare app are merely tools for users to keep track of their medical history and that enable them to send santé24 the medical information (images, sound recordings and other information) they generate themselves. Users must inform santé24 if they experience any new symptoms or changes in their health. Furthermore, users must seek appropriate medical advice about healthcare – e.g. from santé24 – to protect their interests and health; they cannot rely solely on information obtained with the TytoHome device and must get an opinion from santé24. 

The TytoHome device must also never be used in medical emergencies.


 

6. Conclusion of the contract

Before paying for the TytoHome device, the prospective user must agree to these Terms of Use and the provisions on data processing. The purchase contract is concluded once the TytoHome device has been paid for. The user then receives definitive order confirmation by email.


 

7. Prices, payment and delivery

The landing page (swica.ch/tytohome) lists the prices of the TytoHome device. They are based on the customer's insurance status, and prospective buyers can see them transparently before the purchase. The prices include shipping costs and VAT.

When the order is placed, payment takes place immediately via Saferpay (e-payment solution of SIX) in accordance with the available payment modalities. A payment is deemed to have been made only once the amount reaches SWICA.

The delivery times are shown on the landing page (swica.ch/tytohome) and communicated to the buyer before the purchase. The delivery times that SWICA indicates are subject to correct and timely deliveries from suppliers and manufacturers.

Customers with the Favorit Bestcare AIM will receive a shipping confirmation before the TytoHome device is delivered.

Customers must ensure that someone will be there to receive the order. Damaged, incomplete or lost orders must be notified to the technical helpline (see Section 12 below) immediately on receipt.


 

8. Warranty

The warranty period is two years. This is also confirmed on the invoice. The warranty period starts on the delivery date. If the user fails to follow TytoCare's operating instructions or makes modifications, replaces parts or uses disposable materials that don't comply with the original specifications, the warranty ceases to apply if such action proves to have caused the defect. This also applies in cases where defects result from improper use, storage and handling of the device, from third-party interference, or if the device is opened. 

Users cannot assert any warranty rights if the TytoHome device deviates insignificantly from what has been promised. Liability for normal wear and tear is excluded. Only the direct purchaser can bring warranty claims against SWICA, and they cannot be assigned to other parties.

Customers with the Favorit Bestcare AIM will be given a replacement device free of charge, as long as they are still insured under the Favorit Bestcare AIM. If TytoCare's operating instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, SWICA is entitled to charge the full purchase price if the defect is attributable to this. This also applies if the defect is due to improper use, storage or handling of the device, tampering, or the device being opened.


 

9. Returns

The return of devices or any parts thereof must be agreed in advance by phone with the technical helpline (see Section 12 below). The landing page (swica.ch/tytohome) has more information about returns.


 

10. Limited liability

Any claims for damages against SWICA and santé24, as well as against their vicarious agents and assistants, are excluded, except in cases involving intent or gross negligence. Liability for any indirect or consequential loss, or for damage arising from using the product, is excluded to the fullest extent permitted by law.


 

11. Applicable law and place of jurisdiction

This contractual relationship is subject exclusively to Swiss substantive law and excludes international private law, other conflict-of-law rules, and Vienna sales law. The provisions of the Swiss Code of Obligations apply unless stated otherwise in these Terms of Use. Winterthur is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.


 

12. In case of questions

If you have any questions about SWICA's TytoHome offer, please send an email to tytohome@swica.ch or call our technical helpline at +41 52 244 28 30 on Monday to Thursday from 8:00 to 12:00 and 13:30 to 17:00, and on Friday from 8:00 to 12:00 and 13:30 to 16:00.


 

B. Data processing in connection with use of TytoHome

1. General information about data processing

Within the scope of the treatment contract, santé24 and its auxiliary staff (order processors) will process the data obtained from use of the TytoHome device and during the associated medical consultation. Such data is processed on the basis of the Federal Act on Data Protection (DSG, SR 235.1) and the legal provisions that govern the administration of medical services. Data processing lies in the remit of santé24, which is part of SWICA Health Ltd with registered office at Römerstrasse 37, 8400 Winterthur.


 

2. Basis for data processing

Users of TytoHome are personally responsible for how they use the device and must consult santé24 about how to fulfil the treatment contract. TytoHome is used for identifying symptoms and making diagnoses. Data processing is based on the user's explicit consent and the need for such processing as contractually agreed in the treatment contract.


 

3. Consent to data processing

By expressly consenting to data processing as required in each case when accessing the TytoCare app in Benecura and by actively confirming such consent when using TytoHome itself, the user confirms agreement to the data processing purposes and manner, the auxiliary staff (see Sections 4 to 9 below) of santé24, the domains, and the data categories.


 

4. Data to be processed and data categories

Data collection, processing and use involves personal data (first name, surname, date of birth, address, gender, mobile phone number, email address) and health data (e.g. medical data, images, videos and sounds) of the participants. All medical data collected and stored in connection with SWICA's TytoHome offer is subject to medical confidentiality. santé24 and the SWICA Group companies (SWICA Healthcare Insurance Ltd, SWICA Insurance Ltd) and other third parties are not permitted to exchange medical information unless they are authorised to do so.


 

5. Processing purposes

Data collected by TytoHome is processed at santé24 to fulfil the medical treatment contract and to document the user's medical history, among other things. Furthermore, santé24 and SWICA will further process the data collected through SWICA's TytoHome offer, as well as insurance and relevant billing data, in anonymised form for quality assurance purposes and to improve patient services. TytoCare can also analyse user behaviour in its app for quality purposes and to improve the available offers for the benefit of users. Instructions may be sent to the user by email at regular intervals in order to ensure that the device is being used in the best possible way. The user may opt out of receiving these emails at any time.

These purposes include the following steps:

• provide general health advice;
• perform the treatment contract, including managing the patient file;
• make specific health recommendations;
• make referrals to general practitioners or specialists;
• prescribe medication based on a particular diagnosis;
• issue medical certificates;
• keep statistics;
• develop the indication questionnaire;
• monitor treatments;
• conduct research within the scope of anonymised data analyses;
• to improve the user experience.

6. Data processors and auxiliary staff

Medical data is collected via TytoHome and transmitted to TytoCare in encrypted form via the TytoCare app. TytoCare backs up its data on an Amazon cloud server in Ireland; santé24 uses the cloud server to access the data that users enter when using TytoHome. Access to the data is granted only to medical specialists of santé24 who are subject to medical confidentiality. 

All contractors are obligated to process the data exclusively for the stated purposes, in the stated manner, and only with auxiliary staff that SWICA has approved.

SWICA, TytoCare and the named contracted data processing agents must take all appropriate technical and organisational measures to protect participants' personal data from unlawful, unauthorised and erroneous processing.

The following contracted data processing agents currently process the data. 

 

7. Data processing abroad

Processing the data for the mentioned purposes requires it to be transmitted abroad. This means that the data is processed in Israel (TytoCare) as well as in the European Union (Amazon). In the case of Amazon, data from support cases can be transferred to the US. The contractual basis for transferring data abroad meets the requirements of the standard contractual clauses for data transfer to third countries in accordance with the requirements of the Federal Data Protection and Information Commissioner (FDPIC). By using TytoHome, users agree to having their data processed abroad. 


 

8. Data processing on termination of the SWICA TytoHome offer

Once SWICA's TytoHome offer ends, santé24 stores the collected data for as long as the purpose or a legal basis justifies doing so – in particular, as determined by due diligence rules that apply to the documentation of the medical activity. 

Under the same terms, the data sent via the TytoCare app will be kept at TytoCare, in which case the user can request TytoCare to delete it. Participants can also exercise their rights to personal data at any time. At the request of participants, the collected data can be passed on to the treating physician. For quality assurance purposes, the collected data is processed in anonymised form, making it impossible to draw conclusions about the user.


 

9. Rights relating to data processing

Compliance with Swiss data protection regulations is ensured at every processing step. These regulations allow users to view, modify, block or delete their personal data at any time. Specific requests should be sent to datenschutz@swica.ch. With regard to defining the rights of the data subjects, SWICA's Data Privacy Statement applies.


 

10. Data protection officer of the party responsible

Enquiries concerning data protection should be addressed directly to:

santé24 (SWICA Health Ltd)
Zürcherstrasse 31
8400 Winterthur 
Phone +41 52 244 22 33
Email: datenschutz@swica.ch


 

11. Final provisions

The provisions of SWICA's Data Privacy Statement, especially the provisions on data processing by santé24, apply in addition. For further questions concerning SWICA's TytoHome offer, the provisions under Section 11 of the Terms of Use apply. These Data Protection Provisions are an integral part of the General Terms of Use of SWICA's TytoHome offer.