Policy
Confidentiality

Soignez-moi.ch S.A. (hereinafter: “Soignez-moi.ch”) is conscious of the fact that collecting your personal data implies a great deal of trust on your part.

We take this sign of confidence very seriously and make it our priority to ensure your personal information and confidential data is handled with the greatest confidentiality and security.

This confidentiality policy refers to the handling of all of your personal data under the Swiss Act on Data Protection (FADP) and, if applicable, the European Union’s General Data Protection Regulation (GDPR).

Please take note of our confidentiality policy.

The terms which aren’t defined in our confidentiality policy (hereinafter: “Confidentiality policy”) are set out in our Platform’s general terms and conditions.

By using the platform, you agree to the practices set out below:

  1. Personal data and confidential data

Data” shall mean data as defined under Article 3 of the Federal Act on Data Protection (FADP; RS 235.1) and the Federal Ordinance on Data Protection (FOPD; RS 235.11), in other words any information concerning an identified or identifiable person, as well as those defined under Article 3 chapter 2 of the FADP, regarding personal health data, the intimate sphere or ethnicity, and information included in the questionnaire, photos, diagnosis, prescription, tests carried out and/or any messages sent or received via the platform with a service provider.

2. Processing liability

Soignez-moi.ch SA, Laupenstrasse 11, 3176 Neuenegg, Switzerland, info@soignez-moi.ch is responsible for the processing of your personal and confidential data (in other words legal responsibility for the subject and content of the data file).

3. Aim of the confidentiality policy

In its confidentiality policy, Soignez-moi.ch defines the type of personal data collected via the platform and its procedures regarding collection, handling, storage, transfer, use and sharing of your personal and confidential data.

The policy will apply to all uses of the platform, whatever the means used.  It sets out the conditions under which your personal data is collected when you use the platform.

4. Consent

When using the platform as a user (hereinafter: “You”), You accept that Soignez-moi.ch collects and handles your personal data in accordance with this confidentiality policy.

By accessing, browsing and using the platform, you recognise that you have read and understood this confidentiality policy and that you agree to be bound by it and to comply with all the applicable laws and regulations.

5. Modification of the Confidentiality policy

Soignez-moi.ch reserves the right to modify its confidentiality policy. If applicable, you will be informed by e-mail or notification and your consent to these changes will be required. If you do not agree with these changes, you are free to close your account. In this case, we ensure the portability of your personal data.

6. Data handling principles

Soignez-moi.ch handles your personal data in accordance with various basic principles:

  • firstly, on the basis of contractual relations concluded or initiated between you and Soignez-moi.ch, in particular for medical advice and the provision of medical services (the legal basis pursuant to the GDPR, if applicable, is Article 6, paragraph 1, point b and Article 9, paragraph 2, point h);
  • to protect the legitimate interests of Soignez-moi.ch (the legal basis pursuant to the GDPR, if applicable, is Article 6, paragraph 1, point f). If you have any questions on this subject, please contact us;
  • to fulfil the legal objections resulting in particular from the Federal Act on Health Insurance (HIA) and the obligation of medical documentation (the legal basis pursuant to the GDPR, if applicable, is Article 6, paragraph 1, point c);
  • insofar as it is legally required to document explicit consent of the user (the legal basis pursuant to the GDPR, if applicable, is Article 6, paragraph 1, point a).

7. The goal of data processing

Soignez-moi.ch uses your personal data for the following purposes:

  • to provide you with medical advice and medical treatment in accordance with the existing contractual relations between you and Soignez-moi.ch, and in general, to exercise or implement your associated rights and duties;
  • to monitor your patient file, including the telephone recordings taken during the telemedicine consultations. Any telephone call from Soignez-moi.ch is always recorded for medical and legal purposes;
  • to keep records in line with the law and for archiving purposes;
  • to communicate with health insurance companies regarding insurance-related aspects;
  • to communicate information, including marketing campaigns which may interest you;
  • to improve services provided by Soignez-moi.ch including security and features;
  • to handle your evaluation requests;
  • to bill your consultations;
  • to better respond to your requests;
  • to carry out studies and gather statistical data on users’ habits;
  • to create provisional anonymous reports for internal use or for external partners;
  • to manage your account;
  • to communicate with you;
  • to send you the Soginez-moi.ch newsletter if you are subscribed to it;
  • to warn you of any illicit or illegal activities;
  • to implement the general terms and conditions of use of the platform;
  • to access third-party services if you log on to your account using a third-party service

8. Confidential data which can be collected via the platform

By submitting your answers to questions, photos, or an evaluation request via the platform, you are submitting confidential data about you to the Soignez-moi.ch service provider.  You expressly agree to Soignez-moi.ch handling such confidential data via the platform.

9. Non-medical-related personal data which can be collected

When you register with the Platform, create or modify your account and/or use the platform, we will collect, handle and store your data. We may also collect the data you provide by navigating the platform.

10. User registration data

This information is required to identify you and allow (i) the creation, modification, exercise and cancellation of a contractual relation, (ii) communication with you as regards the platform and its features and (iii) avoidance of any violation of the General Terms and Conditions of Use:

  • your contact details including your surname, first name, postal address, e-mail address, telephone number;
  • your date of birth;
  • your gender;
  • your correspondence language;
  • your health insurance card number (covercard);
  • your general practitioner (if provided)
  • your preferred pharmacy (if provided)

If you agree to receive the Soignez-moi.ch newsletter, your e-mail address will be used for group distribution e-mails by Soignez-moi.ch. You can, at any time, request to no longer receive the newsletter by clicking on the unsubscribe link included at the bottom of each newsletter.

11. The data collected regarding use of the platform or by e-mail or text message

When you access, use or navigate the platform, or when you receive and/or answer e-mails or text messages from Soignez-moi.ch, the platform server automatically records information regarding your access and activities. This involves:

– the date and time you accessed the platform;

– the browser you used;

– your IP address;

– your location when logging on;

– the volume of data shared;

– the links you may have used;

– the web pages and content you checked;

– the duration of such a consultation.

as well as any other information and similar statistic linked with your communication (scrolling, clicks, mouse movement) or the way in which you leave the platform.

When you visit the platform using a computer, Soignez-moi.ch will collect information from your computer, such as your operating system, the type of device, the browser used and the dates and times you log on.

When you visit the Platform using a mobile device, we automatically collect your data on the type of device used, the IMEI, the operating system used and the identification of your device.

This information and data are gathered automatically by cookies in particular (performance and tracing cookies, functional cookies, technical cookies, browsing cookies, etc.) and web beacons.  They are also gathered and analysed by third party applications and tools, such as Google Analytics (see Articles 9 and 10).

12. Use of your Personal Data

Soignez-moi.ch commits to not marketing your personal data.  Soignez-moi.ch’s transfer of assets is expressly reserved.

13. Cookies, web beacons and similar technologies

A cookie is a piece of data that is automatically placed on the hard drive of your computer or mobile device when you access certain Internet Platforms or Apps (hereinafter: a “Cookie”).

Cookies help identify your browser uniquely for the server. Cookies allow Soignez-moi.ch to store information on the server (for example language preferences, technical information, information on how you accessed the website and your clicks, etc.), which help to make your experience on the platform better for you and to undertake analyses of the platform as well as tests on the performance of the platform. Most web browsers are configured to accept Cookies. You can reset your browser to refuse all Cookies and to indicate when a Cookie is sent. However, please note that some parts of the platform may not work properly if you refuse Cookies.

Soignez-moi.ch uses Cookies, Web beacons on the Platform (which are also known as “action tags” or “invisible GIF”) and other tracing technologies in order to facilitate your access to the Platform and analyse traffic as well as use of the platform, and to identify faults. This also allows Soignez-moi.ch to improve your experience with the platform and to improve its content and design.

Soignez-moi.ch can collaborate with other companies that use Cookies, web beacons or other tracing technologies on the platform. These companies help Soignez-moi.ch manage the platform. The use of these technologies by such third parties is submitted to their own conditions, confidentiality rules and conditions of use, which are not covered by this policy and for which Soignez-moi.ch cannot be held liable.

14. Google Analytics

The platform uses Google Analytics, an Internet Platform analysis service which is provided by Google Inc. (“Google”). Google Analytics uses Cookies, which are text documents stored on your computer in order to help analyse the way in which users use the Platform. The data generated by Cookies regarding your use of the platform (including your IP address) is communicated to, and stored by, Google on servers located in the United States. Google uses this information to evaluate your use of the platform, compile reports on platform activities for its editor and provide other services linked to the platform’s activity and the use of the Internet. Google can share this information with third parties if it has a legal obligation to do so or when third parties process this data for Google, including the editor of this Platform in particular. Google will not proceed to cross reference your IP address with other data held by Google.

You can deactivate the use of Cookies by selecting the relevant settings in your browser. However, this type of deactivation may prevent you using some of the features of the platform. By using the platform, you specifically agree to your personal data being processed by Google in accordance with the conditions and goals described above.

To find out more on the ways in which you can avoid being followed by Google Analytics on the platforms you visit, you can check the page tools.google.com/dlpage/gaoptout.

15. Sharing and communicating data

To subcontractors

Outside of Soignez-moi.ch, your personal data can be made accessible to people in charge of the functioning of the platform (administration, business, marketing, legal, system administration) or to third parties based in Switzerland or the European Union (such as technical service, e-mail, hosting, IT maintenance providers or communication agencies) commissioned by Soignez-moi.ch to process personal data. The updated list of these external stakeholders can be requested at any time from the processing supervisor.

Soignez-moi.ch can share your data with subcontractors located in Switzerland and the European Union who work for Soignez-moi.ch. Such a transfer can be carried out to help or participate in the functioning of the platform, in particular for management, hosting and maintenance of the platform, to carry out marketing, to undertake research, monitor and analyse the network status.  It may also be used to help complete business transactions, including providing services to clients.

Although Soignez-moi.ch can share your data with its service providers to carry out the actions mentioned above, such as the hosting service or webmaster of the platform, we require that the processing of your personal data by these third parties is limited and performed in a set framework defined by this confidentiality policy.

Your data is stored in Switzerland on servers belonging to the company Ofac, in Geneva.

To third parties with your consent

Your personal data (excluding medical data) can only be shared with your consent with relevant third parties due to the conclusion of the contract through the platform, such as payment service providers in particular.

To respond to a legal obligation or defend our rights

Your personal data may also be shared to answer legitimate requests from government authorities or when this is required by the applicable law, a court ruling or a government regulation, as well as when this is deemed to be appropriate for audits or to investigate or respond to a claim or a security threat, or in any other way to defend the interests of Soignez-moi.ch.

16. No payment information stored

We do not store or request bank details or details regarding bank or credit cards.  External service providers carry out the payments made by credit card.  We do not function as a financial intermediary or payment institution for transactions taking place via the platform, which are fulfilled via a payment service.

You agree to Soignez-moi.ch processing payments using the payment service provider.  You expressly agree to directly communicate your payment details to the payment service provider, as well as any information required by them to proceed.

For any payment made by credit card, the payment service provider uses the secure payment system; in other words, a secure SSL payment.  This payment protocol is standard and recognised throughout the world for the protection of data shared on the Internet. It is available on almost all browsers. The data that you will provide regarding your credit card (number, expiry data, CVV, etc.) is encrypted before it is sent to the payment server.

The payment service provider will proceed with the payment using your credit card in accordance with the PCI/DSS and TPPP rules. You accept and agree to this payment framework by the payment service provider.

You expressly agree to comply with the general terms and conditions of the external payment service provider responsible for processing the payment, to transfer the relevant commission and give all the required banking authorisations to proceed with the payment through your bank or credit card.

You carry out the transaction using a credit card at your own risk. Soignez-moi.ch can in no way be held responsible for any delay in banking authorisation carried out on your bank card, for any loss or theft of your payment data or any damage which may occur due to the transaction carried out on the platform.

17. Transfer abroad

The data handled by Soignez-moi.ch will be stored in Switzerland, but may, only with your agreement, be transferred to other countries with a suitable level of protection. In such a case, Soignez-moi.ch will respect all the applicable rules and regulations and adopt all necessary and required measures prior to sending your data abroad.

18. Security

The security of your data is very important to us. Soignez-moi.ch commits to handling your data in a suitable way and takes all technical and organisational measures regarding security in order to prevent unauthorised fraudulent access, disclosure, modification or destruction of your data.

Soignez-moi.ch follows the strictest rules and recommendations in terms of security. We follow the ISO 27001 standard and the Good Privacy By Design recommendations. We use advanced security measures and technologies, as well as rules and other procedures to protect your personal data from all unauthorised access, abusive use, disclosure, loss or destruction. Security barriers (firewalls) as well as other means of protecting passwords respecting industry standards are also used to protect your identification data.

However, you acknowledge that using the internet is not safe and involves a risk to your data. Soignez-moi.ch will go to every effort to protect your personal and confidential data, but cannot guarantee or ensure that the data you provide to Soignez-moi.ch is safe and protected from theft and unauthorised access by third parties. Soignez-moi.ch cannot be held liable for any such damage.

As such, it is your responsibility to ensure that the computer you use is correctly protected and secure against any malware such as Trojan horses, computer viruses and worms. You are aware of the fact that, without suitable security measures (including secure configuration of your web browser and up-to-date anti-virus software), there is a risk that the data and passwords you use to protect access to your data may be communicated to unauthorised third parties.

If your personal data was unduly consulted by an unauthorised person or we have reason to believe that they have, the law requires us to warn you. Soignez-moi.ch commits to notifying you by e-mail or notification without delay of any infraction.

19. Access and portability rights

You can ask Soignez-moi.ch if it handles your data to receive a copy of your data (to this end, Soignez-moi.ch requires a copy of an official form of identification). You can also instruct Soignez-moi.ch to correct any mistaken and/or deleted personal data.

You may, at any time, request access to your data collected by Soignez-moi.ch, modification of any mistaken information or the removal of all your collected data.

You may also withdraw, at any time, your consent to the processing of personal data.

Soignez-moi.ch guarantees the portability of your data and commits to transferring your data to a third party if they receive a written request from you.

If you wish to exercise one or more of these rights, please contact Soignez-moi.ch by e-mail to the following address: info@Soignez-Moi.ch or by post at the following address: Soignez-moi.ch SA, Laupenstrasse 11, 3176 Neuenegg, Switzerland. You may be requested to attach a copy of an official form of identification (identity card, driving licence or passport).

Please note that any information copied by us may still be retained for a period after your request to be removed from our storage system. Even in this case, no data about your account will be included in the active database of our users. Do not forget that the personal data transferred to a third party, such as social media, is not stored on our servers and cannot be removed from the internet by Soignez-moi.ch.

20. Removing the data and back-up systems

In principal, any personal data (except medical data) which is gathered by the platform will be deleted if the account is closed or if the platform shuts down, unless it is a legal obligation to store data.

All data gathered by the platform can be kept and recorded even once the account is closed, or if the platform shuts down, at least temporarily, in particular (notably) in the case of back-up systems. Anonymous information may be kept without any limits. Medical data is stored for ten (10) years.

21. Links

If some pages on the platform have links to platforms or pages belonging to third parties, these platforms or pages do not apply the same confidentiality policy.

If you choose to access one of these platforms or third parties, you will be redirected to these platforms or third parties. We don’t exercise any control over platforms or pages belonging to third parties and, as a result, we recommend you defer to the confidentiality declarations of these platforms or pages to find out all about their procedures regarding the collection, use and transmission of Personal data.

22. Compliance with laws and the application of laws

In the case of legal obligation, Soignez-moi.ch will collaborate with government, legal and private representatives to apply and respect the law. In this case, we transfer all of your personal data to government, legal and private representatives if we deem it to be useful and necessary to comply with our legal obligations and respond to legal proceedings (including, especially subpoenas to appear with a fine), to defend the property and rights of Soignez-moi.ch, to protect the security of the public or any person, to prevent or avoid any activity which may be considered or present the risk of being illicit or potentially leading to legal proceedings. Regarding compliance, please contact: [info@Soignez-Moi.ch].

23. Asset transfer

Soignez-moi.ch can sell, yield, transfer or exchange all or a part of their goods, including your data, under the framework of a fusion, acquisition, reorganisation, sale of its assets or in the case of bankruptcy or insolvency. Your acceptance of this confidentiality policy and the input of your data constitute an explicit agreement from you for such a transfer.

24. Applicable law and jurisdiction

This Policy, including all questions arising or related to it (including disputes or non-contractual claims and their interpretation) are subject to Swiss law, so excluding conflict-of-law rules.

Any litigation, claim or disagreement between You and Soignez-moi.ch regarding any question relating to the current Policy will be exclusively submitted to the courts with jurisdiction over the headquarters of Soignez-moi.ch, unless there is an appeal at a Swiss federal court.

Neuenegg, 2nd June 2019