Ver­sion: 25 July 2023

1 Gene­ral

1.1 Con­trac­tual relations

These Gene­ral Terms and Con­di­ti­ons for SWICA BENECURA (her­ein­af­ter refer­red to as “GTC”) govern the con­trac­tual rela­ti­onship (her­ein­af­ter refer­red to as “User Agree­ment”) bet­ween Helmedica AG, Tech­no­park Win­ter­thur, Tech­no­park­strasse 2, CH-8406 Win­ter­thur (her­ein­af­ter refer­red to as “Helmedica”, “we”, “our” or “us”), as the manu­fac­tu­rer of SWICA BENECURA (her­ein­af­ter refer­red to as “BENECURA”), and you, the user of BENECURA (her­ein­af­ter refer­red to as “user” or “you”).

BENECURA is com­mis­sio­ned by SWICA Manage­ment AG (may act for all group com­pa­nies of the SWICA health­care orga­ni­sa­tion, in par­ti­cu­lar SWICA Ver­si­che­run­gen AG, SWICA Kran­ken­ver­si­che­rung AG and PROVITA Gesund­heits­ver­si­che­rung AG, her­ein­af­ter coll­ec­tively refer­red to as “SWICA”). SWICA acts as an inter­me­diary for Helmedica during com­mis­sio­ning; the User Agree­ment the­r­e­fore applies directly bet­ween Helmedica and the user. SWICA is not a party to the User Agreement.

Cer­tain fea­tures pro­vi­ded by Helmedica in BENECURA require an addi­tio­nal agree­ment which must be agreed to sepa­ra­tely (her­ein­af­ter refer­red to as “Spe­cial Con­di­ti­ons”). If “Spe­cial Con­di­ti­ons” apply and you have accepted them elec­tro­ni­cally, the fea­tures will be enab­led. In the event of con­tra­dic­tions bet­ween these GTC and the “Spe­cial Con­di­ti­ons”, the “Spe­cial Con­di­ti­ons” shall take precedence.

In con­nec­tion with the use of BENECURA, addi­tio­nal ser­vices (her­ein­af­ter refer­red to as “SWICA Online Ser­vices”) may be pro­vi­ded by SWICA in its own name and for its own account.

Accor­din­gly, the GTC for SWICA Online Ser­vices and the SWICA Data Pro­tec­tion Decla­ra­tion apply to SWICA Online Services:

https://www4.swica.ch/p/026_e_AGB_Online_Services.pdf
https://www4.swica.ch/p/058_e_Datenschutzerklaerung_Schweiz.pdf

1.2 Amend­ment of the GTC

We expressly reserve the right to amend these GTC and any “Spe­cial Con­di­ti­ons” at any time. The user will be noti­fied of such a change elec­tro­ni­cally or by other means and the change will be dee­med to have been appro­ved if no express objec­tion is made within one month of noti­fi­ca­tion, but in any case with the next use of BENECURA. If the GTC or the “Spe­cial Con­di­ti­ons” are rejec­ted, access to BENECURA and/or the fea­ture in ques­tion is no lon­ger possible.

1.3 Medi­cal device

BENECURA is a class IIa medi­cal device accor­ding to the Swiss Medi­cal Devices Ordi­nance (SR 812.213) and Regu­la­tion (EU) 2017/745 of the Euro­pean Par­lia­ment and of the Coun­cil of 5 April 2017 on medi­cal devices (her­ein­af­ter refer­red to as “MDR”).

BENECURA offers initial sup­port with health and medi­cal issues wit­hout assum­ing any medi­cal exper­tise on the part of the user. BENECURA is not a full sub­sti­tute for the advice of a medi­cal professional.

In accordance with regu­la­tory requi­re­ments, as a manu­fac­tu­rer we are obli­ged to carry out post-mar­ket sur­veil­lance, vigi­lance and mar­ket sur­veil­lance. For this pur­pose, tele­phone inter­views are used to ques­tion indi­vi­dual users on the qua­lity of the recom­men­da­ti­ons given. In this way, we ensure that BENECURA con­ti­nues to meet basic safety and per­for­mance requi­re­ments after it has been pla­ced on the mar­ket, that it deli­vers the pro­mi­sed medi­cal bene­fits and that BENECURA does not pose a risk to you or the public.

2 Use of BENECURA

Before acces­sing BENECURA, you will need an Apple ID or a Google account to down­load BENECURA from the Apple App Store or the Google Play Store (her­ein­af­ter refer­red to as the “App Store”) and install it on your mobile device or tablet. BENECURA is sui­ta­ble for the iOS and Android platforms.

The App Stores are not party to the User Agree­ment and bear no respon­si­bi­lity for the fea­tures and con­tent of BENECURA.

2.1 Access authorisation

Unless expressly defi­ned other­wise, BENECURA is in prin­ci­ple available to all aut­ho­ri­sed users who have an active con­trac­tual or insu­rance rela­ti­onship with SWICA and their own e‑mail address.

Access is also sub­ject to addi­tio­nal requi­re­ments defi­ned in accordance with the “Spe­cial Con­di­ti­ons” for spe­ci­fic fea­tures of BENECURA.

You can also use a fea­ture from BENECURA, such as the “Sym­ptom­Check”, for third par­ties by recor­ding the third party’s sym­ptoms in the “Sym­ptom­Check”. The mini­mum age of the third party whose sym­ptoms may be recor­ded by you is 16 years. For this pur­pose, the third party’s sur­name, first name, post­code, date of birth and gen­der must be stored in BENECURA in advance. You are solely respon­si­ble for the use of BENECURA by or for the third party.

2.2 Regis­tra­tion and identification

BENECURA requi­res prior regis­tra­tion using the fol­lo­wing per­so­nal means of identification:

• E‑mail address, mobile phone num­ber and password
• Infor­ma­tion from the insu­rance policy and the insu­rance card. The age limit for inde­pen­dent use of BENECURA is 18 years and older. The user may also access the fea­tures pro­vi­ded by the “Sym­ptom­Check” module for an uninsu­red per­son aged 16 or over.

Anyone who regis­ters for BENECURA in accordance with the spe­ci­fi­ca­ti­ons is dee­med to be a user and is aut­ho­ri­sed to use BENECURA. Users can gene­rally log in to various SWICA Online Ser­vices with their pro­file (e‑mail, pass­word and TAN via mobile phone number).

The use of BENECURA requi­res the user to con­sent to the GTC in advance, wher­eby there is no gene­ral entit­le­ment to access BENECURA. By regis­tering, you ack­now­ledge these GTC for BENECURA and con­firm that you have taken note of the BENECURA Pri­vacy Policy. Where “Spe­cial Con­di­ti­ons” apply, the ser­vices will be enab­led once you have elec­tro­ni­cally accepted the “Spe­cial Conditions”.

Once you have agreed to the GTC and to the ext­ent per­mit­ted by the addi­tio­nal terms and con­di­ti­ons of the App Stores and third-party pro­vi­ders to be obser­ved, Helmedica grants you the non-exclu­sive, per­so­nal, non-trans­fera­ble, non-sub­li­censable right, revo­ca­ble at any time, to install and use BENECURA exclu­si­vely for pri­vate, non-com­mer­cial pur­po­ses on your own devices (smart­phones and tablets) or as aut­ho­ri­sed by the App Store ope­ra­tor and the third-party pro­vi­ders (her­ein­af­ter refer­red to as the “Licence”) for the dura­tion of the User Agree­ment. You are pro­hi­bi­ted from using BENECURA for com­mer­cial purposes.

3 Duties of care of the users

As a user, you under­take to com­ply with the fol­lo­wing duties of care when using BENECURA:

• You ensure that all access data is kept secret and pro­tec­ted against misuse by unaut­ho­ri­sed per­sons. In par­ti­cu­lar, PINs/passwords must be chan­ged imme­dia­tely after receipt and must not be recor­ded, pas­sed on or stored unpro­tec­ted on your end device. We recom­mend that you only choose “strong” pass­words, i.e. suf­fi­ci­ently long com­bi­na­ti­ons of num­bers, upper and lower case let­ters and symbols.
• Unless other­wise expressly defi­ned in these GTC, you are not per­mit­ted to use BENECURA for third par­ties. The use of BENECURA within the frame­work of the legal right of repre­sen­ta­tion or in the case of a legally valid power of att­or­ney remains reser­ved. You declare that you have acqui­red all neces­sary rights in con­nec­tion with the uploa­ded con­tent from third par­ties. You shall indem­nify us against claims by third par­ties asser­ted on the basis of an alle­ged inf­rin­ge­ment of per­so­nal rights and copy­rights of third parties.
• When using BENECURA, you are pro­hi­bi­ted from pro­vi­ding false or mis­lea­ding infor­ma­tion or from ans­we­ring ques­ti­ons posed by BENECURA in a man­ner which is untruthful.
• You may only use BENECURA in accordance with the con­tract and for the inten­ded purposes.
• You must not inf­ringe any indus­trial pro­perty rights, copy­rights or other pro­prie­tary rights.

As a user, you are respon­si­ble for your end device.

The user shall bear all risks ari­sing from the inf­rin­ge­ment of the afo­re­men­tio­ned duties of care.

4 Secu­rity ins­truc­tions, blo­cking access and end of contract

4.1 Secu­rity instructions

BENECURA is acces­sed via the Inter­net. Even with all the state-of-the-art secu­rity pre­cau­ti­ons, abso­lute secu­rity can­not be gua­ran­teed. Your end device is part of the Inter­net and is out­side our con­trol. We the­r­e­fore draw your atten­tion in par­ti­cu­lar to the fol­lo­wing risks which may arise in con­nec­tion with the use of BENECURA:

• Insuf­fi­ci­ent sys­tem know­ledge and a lack of secu­rity pre­cau­ti­ons on your end device may faci­li­tate unaut­ho­ri­sed access. We the­r­e­fore stron­gly recom­mend that you equip your end devices with up-to-date pro­tec­tion pro­grams and pro­tect the use of the Inter­net con­nec­tion with a password.
• If you suspect that unaut­ho­ri­sed third par­ties have gai­ned know­ledge of your access data, then your access data must be chan­ged imme­dia­tely and, if neces­sary, you must ask for your access to be blo­cked. To do this, you can email benecura@swica.ch.
• We have no influence on whe­ther or how your cho­sen Inter­net pro­vi­der ana­ly­ses the data traf­fic. If there is no acti­vity on BENECURA for a cer­tain period of time, the cur­rent ses­sion is auto­ma­ti­cally clo­sed for secu­rity reasons and you must log in again. There is a latent risk that a third party may gain access to your end device unno­ti­ced while you are using BENECURA.
• When you use a net­work, there is a risk of mal­ware and the like spre­a­ding to your end device when it is con­nec­ted to the net­work. You can take neces­sary secu­rity pre­cau­ti­ons using appro­priate secu­rity soft­ware which is available on the market.
• Despite using modern secu­rity tech­no­lo­gies, we can­not gua­ran­tee abso­lute secu­rity during the trans­fer of data.
• Your data may be uncon­troll­ably trans­fer­red across bor­ders. This also applies to data trans­fers even if the sen­der and reci­pi­ent are loca­ted in Switz­er­land. Alt­hough the indi­vi­dual data packets are trans­mit­ted in encrypted form, the sen­der and reci­pi­ent in each case remain unen­crypted. It is the­r­e­fore pos­si­ble for con­clu­si­ons to be drawn about a cus­to­mer rela­ti­onship bet­ween you, SWICA and Helmedica.
• BENECURA is desi­gned exclu­si­vely for use in Switz­er­land. The use of BENECURA via for­eign mobile net­works or Inter­net con­nec­tions is at your own risk. We would like to point out that if you use BENECURA abroad, the law of the coun­try in which you are curr­ently loca­ted may apply. Helmedica can­not influence this and the­r­e­fore advi­ses against using BENECURA out­side Switz­er­land. It is the user’s respon­si­bi­lity to inform them­sel­ves about the law appli­ca­ble abroad. The user fur­ther ack­now­led­ges that there may be import and export rest­ric­tions on encryp­tion algo­rithms which may be vio­la­ted if BENECURA is used abroad. Fur­ther­more, there is no gua­ran­tee that infor­ma­tion and ser­vices pro­vi­ded via BENECURA can be acces­sed out­side Switzerland.

We dis­claim any lia­bi­lity for the con­se­quen­ces of non-obser­vance of the secu­rity instructions.

4.2 Blo­cking access

If secu­rity risks are iden­ti­fied, we reserve the right to block access until fur­ther notice in order to pro­tect your inte­rests and the inte­rests of Helmedica and SWICA.

In the event of suspec­ted misuse of BENECURA (e.g. an incor­rect pass­word being ente­red mul­ti­ple times), we reserve the right to tem­po­r­a­rily block your access to BENECURA.

4.3 End of contract

Unless other­wise regu­la­ted, access to BENECURA is auto­ma­ti­cally ter­mi­na­ted as soon as you no lon­ger have a con­trac­tual rela­ti­onship with SWICA. You are respon­si­ble for sto­ring out­side of BENECURA all data and docu­ments which you wish to keep bey­ond the end of the contract.

Once the con­tract comes to an end, all user data will be dele­ted inso­far as this is tech­ni­cally pos­si­ble and legally per­mis­si­ble with reasonable effort. We do not sub­se­quently delete data stored in backups.

For fur­ther infor­ma­tion on the hand­ling of stored data, please refer to the BENECURA Pri­vacy Policy.

5 Spe­cial Con­di­ti­ons rela­ting to BENECURA Services

5.1 User profile

After suc­cessful regis­tra­tion and request, BENECURA auto­ma­ti­cally dis­plays your mas­ter data (inclu­ding your first name, sur­name, insu­red per­son no., address, date of birth, gen­der, social secu­rity no., e‑mail, tele­phone no.) as well as your insu­rance cover with SWICA and the asso­cia­ted infor­ma­tion (her­ein­af­ter refer­red to as “pro­file data”) in the “Pro­file” fea­ture. The pro­file data is taken from SWICA’s insu­rance admi­nis­tra­tion sys­tem and updated auto­ma­ti­cally. You can­not edit the pro­file data in BENECURA.

Your pro­file data is used in BENECURA’s ser­vices to enable indi­vi­dual recom­men­da­ti­ons to be made to you and is use­din the “Care Pro­vi­der” fea­ture so that the pro­vi­si­ons of their basic insu­rance model (e.g. gene­ral prac­ti­tio­ner, list of doc­tors) can be taken into account.

5.2 Gene­ral infor­ma­tion about BENECURA’s services

BENECURA includes the ser­vices Sym­ptom­Check, Pre­ven­tion­Check, Health Dos­sier, Important num­bers, Care Pro­vi­der, Medi­ca­tion and Lexi­con. Third-party ser­vices are spe­ci­fied in Sec­tion 5.3 with refe­rence to the respec­tive appli­ca­ble GTC. For a descrip­tion of the ser­vices, please refer to the “Ins­truc­tions for Use” in Clause 2.

We reserve the right to change or dis­con­ti­nue BENECURA at any time wit­hout notice. There is no entit­le­ment to con­tin­ued use of BENECURA or indi­vi­dual fea­tures at any time.

5.3 Third-party services

5.3.1 Gene­ral

BENECURA pro­vi­des cer­tain third-party ser­vices. Third-party pro­vi­ders are eit­her inte­gra­ted into BENECURA or BENECURA refers users to third-party offers out­side of BENECURA. In terms of offers from third-party pro­vi­ders, these third par­ties alone are respon­si­ble for the con­tent they pro­vide; BENECURA merely estab­lishes the tech­ni­cal con­nec­tion to these offers.

The gene­ral terms and con­di­ti­ons as well as pri­vacy poli­cies of the respec­tive third-party pro­vi­ders apply to the ser­vices of third-party providers.

5.3.2 Medi­ca­tion

The “Medi­ca­tion” ser­vice allows you to search for medi­ca­tion. You will then be pro­vi­ded with fur­ther infor­ma­tion on medi­ca­tion. The medi­ca­tion search ser­vice mymedi® is pro­vi­ded by HMG GmbH. HMG GmbH (her­ein­af­ter refer­red to as “HMG”) is solely respon­si­ble for the infor­ma­tion pro­vi­ded as well as for the data pro­ces­sing for the medi­ca­tion search.

mymedi – Medikamentenplattform
c/o HMG
Health­care Manage­ment Group
Post­fach 355
CH-4410 Liestal
CH-280.4.000.121–9

E‑mail: info@hmg.ch
www.mymedi.ch

Accor­din­gly, in addi­tion to these GTC, the pro­vi­si­ons of HMG shall apply:
https://www.mymedi.ch/ueber-uns/impressum/

5.3.3 Lexi­con

With the “Lexi­con” ser­vice, BENECURA pro­vi­des the user with a medi­cal dic­tion­ary as a refe­rence work for dise­a­ses accor­ding to cli­ni­cal pic­tures. The dic­tion­ary sup­ports sear­ches by sub­ject area or in alpha­be­ti­cal order. The dic­tion­ary is purely a refe­rence work and does not sup­port dia­gno­sis and should be seen as an inde­pen­dent module which is available within BENECURA. The con­tent of the dic­tion­ary is pro­vi­ded by Mediscope AG (her­ein­af­ter refer­red to as “Mediscope”). Mediscope is solely respon­si­ble for the con­tent in the medi­cal dictionary.

Mediscope AG
Säge­weg 14
CH-3250 Lyss
CH-020.3.019.802–3

E‑Mail: info@mediscope.ch
www.sprechzimmer.ch

Accor­din­gly, in addi­tion to these GTC, Mediscope’s GTC and Mediscope’s Pri­vacy Policy shall apply:

https://www.sprechzimmer.ch/Disclaimer/ https://www.sprechzimmer.ch/Datenschutzerklaerung_Privacy_Policy/

5.3.4 SWICA Online Services

If you switch from BENECURA to SWICA Online Ser­vices (e.g. Tyto­Home), you will leave the BENECURA envi­ron­ment. SWICA Online Ser­vices can­not be used as a func­tion within BENECURA.

6 Intellec­tual property

All intellec­tual pro­perty rights to the con­tent of BENECURA remain with the owners of the respec­tive rights. Any dis­clo­sure, repro­duc­tion, modi­fi­ca­tion or publi­ca­tion of BENECURA con­tent wit­hout the prior con­sent of SWICA and Helmedica is prohibited.

7 War­ranty and liability

We take all reasonable tech­ni­cal and orga­ni­sa­tio­nal mea­su­res to ensure the pro­per ope­ra­tion of BENECURA, but we can­not gua­ran­tee that BENECURA will be available at all times and wit­hout error. In par­ti­cu­lar, there may be tem­po­rary inter­rup­ti­ons due to main­ten­ance work. We are not lia­ble for any damage which occurs to the user in such cases.

BENECURA is pro­vi­ded for infor­ma­tion pur­po­ses only. All con­tent is pro­vi­ded “as is” wit­hout war­ranty, gua­ran­tee or pro­mise of any kind. Use of the infor­ma­tion pro­vi­ded by BENECURA and com­pli­ance with the recom­men­da­ti­ons recei­ved are at the user’s own risk and peril. To the ext­ent per­mit­ted by law, we dis­claim all lia­bi­lity for any harm incur­red by the user in con­nec­tion with the use of BENECURA, in par­ti­cu­lar in the event of incor­rect or incom­plete infor­ma­tion. This includes, in par­ti­cu­lar, harm due to the use of infor­ma­tion as well as harm due to trans­mis­sion errors, tech­ni­cal defects, inter­rup­ti­ons, mal­func­tions or unlawful acts by third parties.

The details published in the “Care Pro­vi­der” fea­ture are for infor­ma­tion pur­po­ses only and do not imply any appr­oval of the care pro­vi­ders or assump­tion of costs by Helmedica or SWICA. SWICA must always be cont­ac­ted if you wish to make a defi­ni­tive request for the costs to be covered (the cont­act details can be found on your insu­rance policy). Helmedica and SWICA assume no lia­bi­lity whatsoe­ver with regard to the com­ple­ten­ess, up-to-daten­ess or pro­fes­sio­nal com­pe­tence of the care pro­vi­ders listed.

The infor­ma­tion in the “Lexi­con” and “Medi­ca­tion” fea­tures is mana­ged and pro­vi­ded by third par­ties. We have carefully sel­ec­ted the pro­vi­ders, but accept no lia­bi­lity or gua­ran­tee for the published infor­ma­tion, its accu­racy or com­ple­ten­ess. The con­tent pro­vi­ded is not sui­ta­ble for making inde­pen­dent dia­gno­ses. The “Important num­bers” fea­ture also con­ta­ins public tele­phone num­bers for which we can­not accept any lia­bi­lity or guarantee.

We shall also not be lia­ble if the use of BENECURA is tem­po­r­a­rily inter­rupted, wholly or par­ti­ally rest­ric­ted or ren­de­red impos­si­ble due to force majeure or third-party fault. In par­ti­cu­lar, power fail­ure and con­ta­mi­na­tion with harmful soft­ware (e.g. virus attack) as well as natu­ral events of par­ti­cu­lar inten­sity (ear­th­qua­kes, ava­lan­ches, floods, lands­li­des, etc.), war­like events, riots, unfo­re­seeable offi­cial rest­ric­tions, etc. shall also be con­side­red as force majeure.

8 Fees

In prin­ci­ple, BENECURA is available free of charge. Howe­ver, Helmedica and SWICA reserve the right to intro­duce char­ges for BENECURA or to change exis­ting char­ges at any time. In such cases, new GTC will be sub­mit­ted to you for accep­tance in accordance with sec­tion 1.2.

When using online ser­vices, net­work ope­ra­tor char­ges for trans­mis­sion, data and roa­ming may be incur­red, for which the user is solely respon­si­ble. This must be taken into account in par­ti­cu­lar when large volu­mes of data are trans­mit­ted in con­nec­tion with BENECURA.

9 Appli­ca­ble law and place of jurisdiction

All legal rela­ti­onships of the user shall be gover­ned by Swiss law, exclu­ding any con­flict of law pro­vi­si­ons and exclu­ding the pro­vi­si­ons of the Vienna Sales Con­ven­tion (CISG). The place of juris­dic­tion for all pro­cee­dings is Win­ter­thur, unless man­da­tory Swiss law pro­vi­des otherwise.

10 Final provisions

Should indi­vi­dual pro­vi­si­ons of these GTC be or become inva­lid, this shall not affect the vali­dity of the remai­ning pro­vi­si­ons. Any ancil­lary agree­ments or arran­ge­ments bet­ween the user and Helmedica must be made in wri­ting. The place of per­for­mance is Winterthur.

Pri­vacy Policy for SWICA BENECURA

Ver­sion: 25 July 2023

1 Gene­ral

SWICA BENECURA (“BENECURA”) is a mobile appli­ca­tion with various fea­tures rela­ting to health and your per­so­nal medi­cal history. Regis­tered users can access dif­fe­rent ser­vices con­cer­ning medi­cal mat­ters. The company

SWICA Manage­ment AG
Römer­strasse 38
8400 Winterthur
swica@swica.ch / +41 52 244 22 33

(her­ein­af­ter refer­red to as “SWICA” or “we”) pro­ces­ses per­so­nal data rela­ting to you or other per­sons in dif­fe­rent ways and for dif­fe­rent pur­po­ses. This Pri­vacy Policy applies to all indi­vi­du­als whose data we, as the data con­trol­ler, use in con­nec­tion with BENECURA. As the data con­trol­ler, we are respon­si­ble for data pro­tec­tion unless other infor­ma­tion is pro­vi­ded during the use of BENECURA.

BENECURA is inten­ded exclu­si­vely for per­sons who have health insu­rance with SWICA group com­pa­nies in Switz­er­land. This Pri­vacy Policy is the­r­e­fore based on the Swiss Fede­ral Act on Data Pro­tec­tion (“FADP”).

This Pri­vacy Policy, tog­e­ther with the Gene­ral Terms and Con­di­ti­ons for the use of BENECURA, forms the basis for the pro­ces­sing of per­so­nal data which we coll­ect from you or which you pro­vide to us. Please read this Pri­vacy Policy carefully to under­stand what data we coll­ect about you, the cir­cum­s­tances under which we share this data with third par­ties and your rights in rela­tion to your data.

2 Data pro­tec­tion and data processing

2.1 Data categories

In con­nec­tion with the use of BENECURA, we pro­cess dif­fe­rent data from dif­fe­rent sources depen­ding on the pur­pose. With your call, your pro­file data is taken directly from the insu­rance admi­nis­tra­tion sys­tem of the SWICA group com­pa­nies and updated auto­ma­ti­cally. You can­not edit the pro­file data in BENECURA yours­elf. We gene­rally receive fur­ther infor­ma­tion directly from you, e.g. through your regis­tra­tion with BENECURA or through your use of fea­tures which are made available via BENECURA. This data falls into the fol­lo­wing categories:

• Pro­file data: 
  • First name, last name, gen­der, date of birth
  • Address, tele­phone, e‑mail
  • Social secu­rity number
  • Health insu­rance, insu­red per­son num­ber, insu­rance EAN, insu­rance pro­duct, insu­rance model
• More data:
  • Gene­ral prac­ti­tio­ner (GP)
  • Health data (e.g. tre­at­ment recom­men­da­ti­ons, pho­tos, other medi­cal documents)

Fur­ther­more, we coll­ect tech­ni­cal data, namely log files on the type and time of access to BENECURA con­tent, IP address, device ID and other tech­ni­cal infor­ma­tion on your end device’s set­tings, which make the data entry and data pro­ces­sing in BENECURA traceable and con­tri­bute to the secu­rity of the user. The tech­ni­cal data in its­elf does not allow any con­clu­si­ons to be drawn about your iden­tity. Howe­ver, during your regis­tra­tion for and use of BENECURA, the data may be lin­ked to other cate­go­ries of data.

2.2 Pur­po­ses of data processing

We pro­cess your data for the fol­lo­wing purposes:

1. To ful­fil the con­tract for the use of BENECURA and the pro­vi­sion and main­ten­ance of the con­tent and ser­vices of BENECURA.
2. To pro­vide you with access to BENECURA, to com­mu­ni­cate with you about your use of BENECURA, to respond to your enqui­ries and for other cus­to­mer ser­vice purposes.
3. To coll­ect and pro­cess health data ente­red by you, inclu­ding pho­to­graphs, and to main­tain a pati­ent record.
4. To rese­arch and deve­lop new pro­ducts and fea­tures, to the ext­ent per­mit­ted by law and, if neces­sary, with your consent.
5. To bet­ter under­stand how you access and use BENECURA, both on an aggre­gate and indi­vi­dual basis, to improve BENECURA and to respond to your requests and pre­fe­ren­ces, and for other ana­ly­ti­cal purposes.
6. To tailor the con­tent and infor­ma­tion we send or dis­play to you, to pro­vide per­so­na­li­sed help and ins­truc­tions, and to other­wise per­so­na­lise your expe­ri­ence when using BENECURA.
7. To com­ply with legal and regu­la­tory obli­ga­ti­ons and respon­si­bi­li­ties, in the course of our gene­ral busi­ness and for other busi­ness admi­nis­tra­tion purposes.
8. If we deem it neces­sary to inves­ti­gate, pre­vent, or take legal action regar­ding ille­gal acti­vi­ties, suspec­ted fraud, situa­tions invol­ving poten­tial thre­ats to the safety of any per­son, or vio­la­ti­ons of our Terms of Use or this Pri­vacy Policy.

For evi­den­tial pur­po­ses and to ful­fil the neces­sary due dili­gence, BENECURA will keep a log of all your ques­ti­ons and ans­wers as well as any recom­men­da­ti­ons, if you have com­ple­ted the ser­vice to the end and recei­ved a recom­men­da­tion. Log­ging also takes place even if you have not given your con­sent for the infor­ma­tion con­cer­ned to be added to your pati­ent record and even if you have not saved the infor­ma­tion con­cer­ned in the “History/Dossier”.

If we ask you to con­sent to the fur­ther pro­ces­sing of your data, we will inform you sepa­ra­tely in each case about the cor­re­spon­ding pur­po­ses of pro­ces­sing. You can with­draw your con­sent (our cont­act details can be found in sec­tion 1 “Gene­ral”).

2.3 Pas­sing on the data

SWICA makes BENECURA available on the mar­ket, but is neither the manu­fac­tu­rer nor the ope­ra­tor of BENECURA. SWICA uses the ser­vices of the fol­lo­wing third par­ties directly or indi­rectly for this purpose:

• Helmedica AG, Tech­no­park Win­ter­thur, Tech­no­park­strasse 2, CH-8406 Win­ter­thur (“Helmedica”) is the manu­fac­tu­rer of BENECURA on behalf of SWICA. Helmedica is legally obli­ged and respon­si­ble for moni­to­ring the pro­duct and the mar­ket and may cont­act you in this regard to ask you about your expe­ri­en­ces when using BENECURA. This ensu­res that BENECURA meets the per­for­mance and secu­rity requi­re­ments pla­ced on the appli­ca­tion and that it does not pose any dan­ger to the user. Your par­ti­ci­pa­tion in such a sur­vey is voluntary.
• BENECURA is ope­ra­ted by AD Swiss Net AG, Stein­acker­strasse 35, 8902 Urdorf (“AD Swiss”).
• The infra­struc­ture for the back end is pro­vi­ded by the high secu­rity data centre Aspec­tra AG, Weber­strasse 4, 8004 Zurich (“Aspec­tra”).
• The ser­vices of Health Info Net AG, Sei­den­strasse 4, 8304 Wal­li­sel­len (“HIN”) are used for secure e‑mail traffic.

Helmedica, AD Swiss, Aspec­tra and HIN are con­trac­tually and/or legally obli­ged to keep your data con­fi­den­tial. Their ser­vices are pro­vi­ded exclu­si­vely in Switzerland.

We may also trans­fer your data to other third par­ties, in par­ti­cu­lar to the fol­lo­wing cate­go­ries of recipients:

• Aut­ho­ri­ties: We may dis­c­lose per­so­nal data to offices, courts and other aut­ho­ri­ties if we are legally obli­ged or entit­led to do so or if this appears neces­sary to pro­tect our inte­rests. This data may also include health data. The aut­ho­ri­ties pro­cess data about you which they receive from us under their own responsibility.
• Ana­ly­sis ser­vice pro­vi­ders: At BENECURA, we use third-party ser­vices to help us mea­sure and improve user expe­ri­ence. We can inte­grate third-party com­pon­ents into BENECURA for this pur­pose. Such third-party pro­vi­ders may also be loca­ted out­side Switz­er­land and the EU/EEA, pro­vi­ded that the pro­tec­tion of your per­so­nal data is ade­qua­tely ensu­red. The laws in these count­ries do not always gua­ran­tee an ade­quate level of data pro­tec­tion accor­ding to the stan­dards of Swiss law. We the­r­e­fore take con­trac­tual pre­cau­ti­ons to ensure ade­quate data pro­tec­tion, in par­ti­cu­lar by means of the stan­dard con­trac­tual clau­ses reco­g­nised by the Swiss Fede­ral Data Pro­tec­tion and Infor­ma­tion Com­mis­sio­ner (FDPIC).
• Other per­sons: In the course of busi­ness deve­lo­p­ment, we may sell or acquire busi­nesses, ope­ra­ti­ons, assets or com­pa­nies, or enter into part­ner­ships, which may also result in the dis­clo­sure of data to the per­sons invol­ved in these tran­sac­tions. All these cate­go­ries of reci­pi­ent may in turn com­mis­sion the ser­vices of third par­ties, mea­ning that your data may also become acces­si­ble to these third parties.

2.4 Trans­mis­sion of the data

2.4.1 Release and trans­mis­sion of data to the santé24 health advice service

The santé24 health advice ser­vice is an ope­ra­ting unit of SWICA. The santé24 health advice ser­vice has no access to the data ente­red by the user as long as the user has not initia­ted the trans­mis­sion of the data. Release for inspec­tion by santé24 can only be effec­ted by the user personally.

If the user sel­ects the fea­ture “Data release to the santé24 health advice service/send sur­vey”, the ent­ries made, i.e. the ques­ti­ons and ans­wers from the ser­vice used, as well as the recom­men­da­ti­ons recei­ved will be made available to the santé24 health advice ser­vice. When the user calls the santé24 health advice line, this pro­vi­des the health­care pro­fes­sio­nals with important infor­ma­tion which is hel­pful when asses­sing the medi­cal pro­blem or dis­cus­sing the recom­men­da­tion received.

The santé24 health advice ser­vice will not cont­act you inde­pendently fol­lo­wing the use of the ser­vice – not even if data has been released to the santé24 health advice ser­vice. It is always the user’s per­so­nal respon­si­bi­lity to fol­low up on a recom­men­da­tion or to make the call to the santé24 health advice ser­vice. The santé24 health advice ser­vice only acces­ses the data when the user calls the service.

The data from the ser­vices released by the user to the santé24 health advice ser­vice and the out­come of the tele­phone call are recor­ded by the santé24 health advice ser­vice in a pati­ent record. All data and ent­ries in the pati­ent record are sub­ject to medi­cal con­fi­den­tia­lity pur­su­ant to Art. 321 of the Swiss Cri­mi­nal Code (StGB). The gene­ral duties of care which must be applied to medi­cal ser­vices apply to the sto­rage and main­ten­ance of the pati­ent record. The release of data to the santé24 health advice ser­vice can also be effec­ted retroac­tively in the “History” fea­ture. Howe­ver, the release can­not be revoked.

2.4.2 Trans­mis­sion of data to GPs

The user can send data from a ser­vice they have used via an encrypted e‑mail to doc­tors recor­ded in the list of doc­tors. If the user sel­ects the “Send by E‑mail” fea­ture, the result of the ser­vice used or the docu­ment from the “Health Dos­sier” will be sent to the GP sel­ec­ted by the user via encrypted e‑mail (HIN). This pro­vi­des the GP with important infor­ma­tion which can be hel­pful when asses­sing the medi­cal pro­blem or dis­cus­sing the recom­men­da­tion recei­ved. This is only pos­si­ble if the GP is an HIN participant.

It is the user’s respon­si­bi­lity to make an appoint­ment with the GP.

2.5 Data sto­rage in the History/Dossier

If the user sel­ects the “Data storage“feature in a ser­vice , the data will be stored­wi­thin BENECURA in the “History/Dossier” fea­ture or in the “Health Dos­sier”. This gives the user a per­so­nal over­view at all times of the infor­ma­tion and recom­men­da­ti­ons recei­ved and of the history of their medi­cal incidents.

The data from a ser­vice used is read-only. This means that the user can no lon­ger change the ent­ries made after the data has been stored. Howe­ver, the data may be dele­ted from the user’s end device at any time.

For evi­den­tial pur­po­ses and to com­ply with the asso­cia­ted due dili­gence, the data ente­red by the user in the ser­vices will not be dele­ted in the back end of BENECURA until the expiry of the reten­tion period. For the same reason, data which has alre­ady been released and trans­fer­red to the santé24 health advice ser­vice can­not be with­drawn. The reten­tion of data is based on the legal pro­vi­si­ons or on how long the pur­pose jus­ti­fies the reten­tion (see sec­tion 3).

2.6 Data secu­rity measures

We take appro­priate secu­rity mea­su­res to main­tain the con­fi­den­tia­lity, inte­grity and avai­la­bi­lity of your data, to pro­tect it against unaut­ho­ri­sed or unlawful pro­ces­sing and to pro­tect against the risks of loss, acci­den­tal altera­tion, unin­ten­ded dis­clo­sure or unaut­ho­ri­sed access.

Secu­rity mea­su­res of a tech­ni­cal and orga­ni­sa­tio­nal nature may include mea­su­res such as the encryp­tion and pseud­ony­mi­sa­tion of data, log­ging, access rest­ric­tions, the sto­rage of backup copies, ins­truc­tions to our employees, con­fi­den­tia­lity agree­ments and con­trols. We use sui­ta­ble encryp­tion mecha­nisms to pro­tect your data which is trans­mit­ted via our app while it is in tran­sit. But we can only secure areas which we con­trol. We have no con­trol over the use of public net­works, e.g. the mobile net­work, to trans­mit data. We also oblige our com­mis­sio­ned pro­ces­sors to take appro­priate secu­rity measures.

3 Reten­tion periods

We store and pro­cess your per­so­nal data for as long as is neces­sary for the pur­pose of pro­ces­sing, for as long as we have a legi­ti­mate inte­rest in sto­ring it (e.g. to enforce legal claims, for archi­ving and/or to ensure IT secu­rity) and for as long as data is sub­ject to a sta­tu­tory reten­tion obli­ga­tion. If there are no legal or con­trac­tual obli­ga­ti­ons to the con­trary, we will des­troy or anony­mise your data after the sto­rage or pro­ces­sing period has expi­red as part of our nor­mal processes.

4 User rights

To help you con­trol the pro­ces­sing of your per­so­nal data, you have the fol­lo­wing rights in con­nec­tion with our data processing:

• Right of access: You have the right to request cer­tain infor­ma­tion about our pro­ces­sing of your per­so­nal data and a copy of your per­so­nal data.
• Rec­ti­fi­ca­tion: You can request that we rec­tify or com­plete incor­rect or incom­plete data if, for exam­ple, it is inac­cu­rate. You can also access and update your data yours­elf using your access to BENECURA.
• Dele­tion: You have the right to request the dele­tion or anony­mi­sa­tion of data.
• Objec­tion and revo­ca­tion: You can object to our pro­ces­sing of your data for cer­tain pur­po­ses (e.g. pro­ces­sing for mar­ke­ting pur­po­ses). You have the right to revoke con­sent with effect for the future, inso­far as pro­ces­sing is based on consent.
• Trans­mis­sion: You have the right to receive per­so­nal data which you have pro­vi­ded to us in a struc­tu­red, com­monly used and machine-rea­da­ble for­mat or to have it trans­fer­red to a third party, inso­far as the cor­re­spon­ding data pro­ces­sing is based on your con­sent or is neces­sary for the per­for­mance of the contract.

Please note that SWICA may request addi­tio­nal infor­ma­tion from you to verify your iden­tity before we dis­c­lose any per­so­nal or account infor­ma­tion. Your rights are sub­ject to legal requi­re­ments and rest­ric­tions and can the­r­e­fore not be made use of in full in every case. In par­ti­cu­lar, we may need to pro­cess and store your per­so­nal data in order to ful­fil a con­tract with you, to pro­tect our own legi­ti­mate inte­rests, such as the estab­lish­ment, exer­cise or defence of legal claims, or to com­ply with legal obligations.

You are also free to lodge a com­plaint with a com­pe­tent super­vi­sory aut­ho­rity if you have con­cerns about whe­ther the pro­ces­sing of your per­so­nal data com­plies with the law. The com­pe­tent super­vi­sory aut­ho­rity in Switz­er­land is the Fede­ral Data Pro­tec­tion and Infor­ma­tion Com­mis­sio­ner (FDPIC).

5 Cont­act

If you have any ques­ti­ons about our pri­vacy prac­ti­ces, please cont­act us at datenschutz@swica.ch or at the fol­lo­wing address:

SWICA Manage­ment AG
Datenschutz
Römer­strasse 38
8400 Winterthur

Ins­truc­tions for use for SWICA BENECURA

Ver­sion: 25 July 2023

1 Important user information

Before using SWICA BENECURA (her­ein­af­ter refer­red to as “BENECURA”), we recom­mend that you carefully read the fol­lo­wing ins­truc­tions for use, war­nings and ins­truc­tions, pro­duct-spe­ci­fic infor­ma­tion, the BENECURA Gene­ral Terms and Con­di­ti­ons and the BENECURA Pri­vacy Policy. Helmedica AG is not respon­si­ble for com­pli­ca­ti­ons ari­sing from the use of BENECURA out­side the inten­ded area of appli­ca­tion or from fail­ure to observe these ins­truc­tions for use.

BENECURA was deve­lo­ped and pla­ced on the mar­ket as a class IIa medi­cal device by Helmedica AG (her­ein­af­ter refer­red to as “Helmedica”, “we”, “our” or “us”). BENECURA is com­mis­sio­ned by SWICA Manage­ment AG (acting for all group com­pa­nies of the SWICA health­care orga­ni­sa­tion, in par­ti­cu­lar SWICA Ver­si­che­run­gen AG, SWICA Kran­ken­ver­si­che­rung AG, PROVITA Gesund­heits­ver­si­che­rung AG, her­ein­af­ter coll­ec­tively refer­red to as “SWICA”). SWICA acts as an inter­me­diary for Helmedica during commissioning.

2 Pro­duct description

BENECURA offers initial sup­port with health and medi­cal issues wit­hout pre­sup­po­sing medi­cal exper­tise. Ulti­m­ately, BENECURA is not a full sub­sti­tute for the advice of a medi­cal pro­fes­sio­nal. The fol­lo­wing ser­vices are available to users of BENECURA:

• Sym­ptom­Check (Ready for doc­tor): The “Sym­ptom­Check” fea­ture, which was deve­lo­ped by a com­mit­tee of medi­cal experts , sup­ports you by pro­vi­ding recom­men­da­ti­ons for fur­ther action in the event of health com­plaints or ill­ness. This requi­res you to cor­rectly ans­wer ques­ti­ons and cor­rectly enter data for the medi­cal pro­blem you have spe­ci­fi­cally ente­red. Use of the infor­ma­tion pro­vi­ded and com­pli­ance with the recom­men­da­ti­ons recei­ved are at your own risk. In the event of a medi­cal emer­gency, a doc­tor or the emer­gency ser­vices must be cont­ac­ted imme­dia­tely. The user is respon­si­ble for cont­ac­ting the doc­tor or the emer­gency ser­vices. The “Sym­ptom­Check” is super­vi­sed and con­ti­nuously expan­ded by a com­mit­tee of medi­cal experts, taking into account cur­rent medi­cal guidelines.
• Health Dos­sier (history, pre­ven­tive care, history of other per­sons, docu­ments, remin­ders): All infor­ma­tion and recom­men­da­ti­ons recei­ved from the “Sym­ptom­Check” and other ser­vices are pre­sen­ted in the Health Dos­sier. The con­tents of the Health Dos­sier can be trans­mit­ted by encrypted e‑mail to doc­tors on the list of doc­tors and can be shared with doc­tors and medi­cal institutions.
• Photo Medi­ca­ments: With the “Photo Medi­ca­ments” fea­ture, you can pho­to­graph packs of the medi­ca­tion you take for your Health Dos­sier, cate­go­rise them and access them at any time.
• Pre­ven­tion­Check: In “Pre­ven­tion­Check” you will receive per­so­na­li­sed pre­ven­tive care recom­men­da­ti­ons based on your indi­vi­dual medi­cal history, age, gen­der and risk fac­tors for your health. You are respon­si­ble for ans­we­ring a series of ques­ti­ons com­ple­tely and cor­rectly in order for the app to be able to make a recom­men­da­tion which applies to you.
• Send Photo: With the “Send Photo” fea­ture, you can secu­rely send pho­tos of skin fin­dings, labo­ra­tory and doc­tors’ reports or other medi­cal docu­ments to the Swiss tele­me­di­cine pro­vi­der santé24.
• Tyto­Home: “Tyto­Home” is a tele­me­di­cine device which allows you to per­form medi­cal exami­na­ti­ons yours­elf, regard­less of loca­tion. “Tyto­Home” is acces­sed via BENECURA, but is a stand-alone device which must be orde­red separately.
• Important num­bers: Under “Important num­bers” you will find cen­tral tele­phone num­bers for emer­gen­cies and medi­cal advice. Depen­ding on your net­work ope­ra­tor, your loca­tion and the phone num­ber you choose, you may incur addi­tio­nal char­ges. Costs ari­sing from any tele­phone calls are to be borne by the user.
• Care Pro­vi­der: The “Care Pro­vi­der” fea­ture pro­vi­des you with cont­acts to doc­tors, the­ra­pists, hos­pi­tals and phar­macies. In doing so, the per­so­nal data on file from your user pro­file can be used to take into account the pro­vi­si­ons of your basic insu­rance model (e.g. GP, list of doctors).
• Medi­ca­tion: The “Medi­ca­tion” ser­vice allows you to search for medi­ca­tion. You will then be pro­vi­ded with fur­ther infor­ma­tion on medi­ca­tion. The medi­ca­tion search ser­vice mymedi® is pro­vi­ded by HMG GmbH.
• Lexi­con: The sci­en­ti­fi­cally based medi­cal dic­tion­ary pro­vi­des an over­view of various dise­a­ses with a wealth of infor­ma­tion. The con­tent is pro­vi­ded by Mediscope AG. Mediscope is respon­si­ble for the con­tent in the dictionary.

3 Indi­ca­ti­ons

BENECURA is inten­ded to offer initial sup­port with health and medi­cal issues for users wit­hout medi­cal exper­tise. BENECURA is not limi­ted to one indi­ca­tion. The fol­lo­wing sym­ptoms in par­ti­cu­lar are indi­ca­ti­ons for the use of BENECURA:

All­er­gies (e.g. hay fever, pol­len allergy), respi­ra­tory pro­blems, abnor­mal skin fin­dings such as moles, spots, ras­hes on the body, com­plaints invol­ving eyes, arms, legs, intesti­nes, throat, sto­mach, mouth, nasal cavi­ties and sinu­ses, nails (cra­cked, dis­co­lou­red, thi­c­ke­ned), ears, bites or scrat­ches from ani­mals (e.g. dogs, cats, ticks) or humans, blad­der infec­tions and uri­nary tract infec­tions, high blood pres­sure and resul­ting com­plaints, blood in the urine, cold and flu sym­ptoms, urge to uri­nate wit­hout uri­na­tion, coug­hing, insect bites and stings (e.g. from bees, mid­ges, mos­qui­toes, wasps and ticks), itching on the body (e.g. suspec­ted head lice), hea­da­che (e.g. pres­sure in the head, migraine), fun­gal infec­tion on feet or nails, emer­gency con­tracep­tion, psy­cho­lo­gi­cal com­plaints (e.g. fee­ling of being over­worked, des­pair, mood swings, sad­ness, burn­out, depres­sion, sui­ci­dal thoughts), red­de­ning of the skin after spen­ding time in the sun (sun­b­urn), pain (e.g. arm, abdo­men, chest, shoulder, back, when uri­na­ting), swel­ling of the lymph nodes, diz­ziness or ver­tigo, sun­stroke, heat­stroke, elec­tric shock, sleep dis­or­ders, day­time slee­pi­ness, inju­ries such as cuts, lace­ra­ti­ons or brui­ses, sprains (e.g. ankle).

4 Con­tra­in­di­ca­tion

If the initia­tion of a medi­cal the­rapy is recom­men­ded by BENECURA (e.g. taking a pain­kil­ler), this is refer­red to as a tre­at­ment recom­men­da­tion. Before issuing such a tre­at­ment recom­men­da­tion, BENECURA will ask about the gene­ral con­tra­in­di­ca­ti­ons and sur­roun­ding cir­cum­s­tances for the tre­at­ment recom­men­da­tion (e.g. all­er­gies, pregnancy).

In the case of severe sym­ptom com­ple­xes or psy­cho­lo­gi­cal dis­or­ders, direct refer­ral to a medi­cal ser­vice is provided.

5 War­nings

BENECURA is inten­ded for inde­pen­dent use by users aged 18 or over. The fea­tures pro­vi­ded by the “Sym­ptom­Check” module can also be acces­sed by the user on behalf of regis­tered third par­ties aged 16 or over. Care must be taken to ensure that the fea­tures of BENECURA are used exclu­si­vely for the user’s own use or for cor­rectly regis­tered third parties.

Fail­ure to observe the age rest­ric­tion may result in incor­rect recom­men­da­ti­ons for action. Incor­rect recom­men­da­ti­ons for action can also occur if per­so­nal data, such as age or gen­der, are recor­ded incor­rectly, or if BENECURA is used for third par­ties who have not been registered.

6 Pre­cau­ti­ons

• Only use BENECURA for yours­elf or cor­rectly regis­tered third parties.
• Do not use BENECURA for third par­ties who are not registered.
• If you use BENECURA for third par­ties, make sure that the third party is not below the mini­mum age and that the third party has been cor­rectly regis­tered in BENECURA.
• Check the per­so­nal data stored, such as age and gen­der, before using BENECURA, as the infor­ma­tion from the per­so­nal pro­file (e.g. age, gen­der) is taken into account when BENECURA sel­ects recom­men­da­ti­ons for action.
• Always ans­wer the ques­ti­ons within BENECURA truthfully.
• Fol­low BENECURA’s recom­men­da­ti­ons for action.
• Cont­act health­care pro­fes­sio­nals if you feel unsure or if there is a dete­rio­ra­tion in your or the third party’s health.
• In case of medi­cal emer­gency, cont­act a doc­tor or the emer­gency ser­vices immediately.

7 Infor­ma­tion on the use of BENECURA and resi­dual risks

BENECURA’s recom­men­da­ti­ons for action are based on the under­ly­ing per­so­nal data and the ques­ti­ons ans­we­red by the user. The qua­lity of the recom­men­da­ti­ons for action pro­vi­ded by BENECURA is deter­mi­ned by the cor­rect­ness of the answers.

In the event of non-com­pli­ance with BENECURA’s recom­men­da­ti­ons for action, you may put your health or the health of the third party con­cer­ned at risk. We the­r­e­fore stron­gly recom­mend that you fol­low BENECURA’s ins­truc­tions and cont­act a doc­tor or the emer­gency ser­vices imme­dia­tely in the event of a medi­cal emergency.

8 Dis­clai­mer

To the ext­ent per­mit­ted by law, we dis­claim all lia­bi­lity for any harm incur­red by the user in con­nec­tion with the use of BENECURA, in par­ti­cu­lar in the event of incor­rect or incom­plete infor­ma­tion. This includes, in par­ti­cu­lar, harm due to the use of infor­ma­tion as well as harm due to trans­mis­sion errors, tech­ni­cal defects, inter­rup­ti­ons, mal­func­tions or unlawful acts by third parties.