Website & Cookies
You also agree to abide by the applicable laws of the Swiss federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.
The SwissDTx software application (herein referred to as "Software Product" or "Software") is licensed to You (End-User) by SwissDTx GmbH., located at Recheraulaz 10, 3280 Meyriez, Switzerland (”Owner”), for user only under the terms of this License Agreement. By installing the Software, you are agreeing to be bound by the terms of this license agreement.
The Software is licensed to the licensee that created your user account. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
2. RESTRICTIONS OF US
Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software, the contents displayed or duplicate the contents displayed. All provided contents, including standardized surveys, assessments, screeners, the interventions themselves as well as all texts, graphics, images and videos, are protected by intellectual property. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes without a license. You shall not modify, alter, change or otherwise make any modification to the information displayed or create derivative works based upon the Software or the contents displayed. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license to any other persons without a written consent by SwissDTx.
You acknowledge that no title to the intellectual property in the Software or the contents displayed are transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of SwissDTx and their licensees, and you will not acquire any rights whatsoever. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
4. DISCLAIMER OF WARRANTY
The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
5. CONSEQUENTIAL DAMAGES
In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to personal health, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.
6. LIMITATIONS OF LIABILITY
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.
You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
9. MEDICAL DISCLAIMER
The Software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this Software. If you think you may have an emergency, go to the next emergency department, or call emergency immediately. Reliance on any information provided by SwissDTx or our employees is solely at your own risk.
App - Data & Security
As part of online therapy, personal data and the medical data required for treatment are collected, recorded, stored, processed, queried, used or transmitted.
All data exchanged between the licensee and their patients are encrypted and not openly visible to SwissDTx. SwissDTx DOES NOT anaylse, review or distribute data to other parties.
However, in order to provide the online therapy, we collect and process both general personal data and data relating to your health. Health data is all data relating to the physical or mental health of a patient. This includes, for example, data that is clearly related to health, as well as data that allows conclusions to be drawn about the state of health or where conclusions about the state of health have already been drawn, regardless of whether they are correct or incorrect. These processed data can represent health data both individually and in an overall view.1. Purposes for which personal data is processed
SwissDTx may only process patient data if a legal basis requires or permits this or if the patient gives their consent:'
First of all, data is required to register as a patient and to set up a user account. In this context, a comparison is carried out with existing user data from the SwissDTx app (SwissDTx GmbH) in order to take into account the goals of data security and economy and to avoid duplication of accounts. This is done to protect the interests of the users concerned on the basis of the legitimate interest in accordance with Article 6 Paragraph 1 Sentence 1 Letter f of the GDPR and as part of the agreement on shared responsibility in accordance with Article 26 of the GDPR.
Collection and storage of the contact details of emergency contacts in order to fulfill our therapeutic due diligence obligations (Art. 6 Para. 1 S. 1 lit. c in conjunction with Art. 9 Para. 2 lit. h, Para. 3 GDPR).
For treatment (online psychotherapy), it is particularly necessary to process patient data for preventive, diagnostic, therapeutic, curative and follow-up reasons. In addition, the data is processed with a view to interdisciplinary conferences for the analysis and discussion of diagnostics and therapy, for preliminary, additional and further care with regard to diagnostics, therapy, findings and disease/vital status. All this processing is carried out to ensure the best possible treatment. In addition to this patient-related processing, administrative and supportive processing is also required. This essentially requires the processing of the data for billing the treatment, for reasons of controlling or auditing, for the assertion, exercise and defense of legal claims, etc.
Data processing also takes place for the purposes of training, further education and training for doctors and members of other healthcare professions as well as for reasons of support and maintenance of IT systems and applications as well as to resolve technical errors or questions from individual patients
The data can also be used for quality and analysis purposes to improve therapy processes and content, as well as to improve the user experience during online psychotherapy
Patient data may be required as part of measuring the effect size of online therapy for internal quality assurance purposes and to measure the stability of the treatment offered via standardised questionnaires2. Type of the personal data processed
The following personal data is collected by the licensee as part of software usage:
- First name(s)
- Last name(s)
- E-mail address
- Birth date
- Phone number
- IP address
- Device ID
- Profile photo
- Medical history
- Profile-Information from relatives
- Contact details of third parties as part of a specified emergency contact (email address, first name, last name)As well as details provided during the usage of the software:
- Written text and survey answers provided during the therapeutic interventions
- Data collected from therapeutic users (psychotherapists, psychiatrists) only
A. ACCESS AUTHORIZATION TO DATA
Only the people involved in the treatment (i.e. therapists, psychiatrists, doctors and the patients) have access to the patient data. These access permissions are processed, administered and managed by the licensee only and strictly under their responsibility. These specialist personnel are either subject to so-called professional secrecy or a duty of confidentiality.
If necessary for administrative or technical purposes, an administrative employee (e.g. patient management, technical support) can also access patient data (anonymized and/or openly visible). The confidential handling of your data is also guaranteed here through appropriate confidentiality obligations.
B.POSSIBLE RECIPIENTS OF DATA
All data is collected within the scope of the intended purpose in compliance with the respective data protection regulations or any existing declarations of consent and, only if necessary, transmitted to third parties. In particular, such third parties come into consideration:
Medical personnel, healthcare professionals and further, subsequent or co-treating doctors, therapists and/or assisting personnel as well as scientists and national health departments and national statistical services. Health care or treatment facilities, rehabilitation facilities, care facilities. All the above mentioned are responsible to comply with legal standards in regards to data protection and data security. This means that the processors are bound to our instructions.
C. STORAGE PERIOD OF PROVIDED DATA
SwissDTx is obliged to keep documentation of your treatment. We must keep this patient file for at least 10 years and can, in individual cases, preserve evidence for up to 30 years.
D. DATA SUBJECT RIGHTS
All users under this data protection declaration are entitled to so-called data subject rights, i.e. rights that the persons affected can exercise in individual cases. These rights can be asserted against those responsible. The rights arise from the GDPR:
Right to information, Art. 15 GDPR
Right to information about the personal data we process.
Right to restriction of processing, Art. 18 GDPR
Restricting the processing of personal data if certain reasons apply. This means that the data will not be deleted, but will be marked to restrict its further processing or use.
Right to object to unreasonable data processing, Art. 21 GDPR
If we process data on the basis of a legitimate interest, you can object to this data processing at any time; this would also apply to profiling based on these provisions. We will then no longer process data unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of our users or the processing serves to assert, exercise or defend legal claims. The processing of user data for the purpose of direct advertising can be objected to at any time without giving reasons.
Right to deletion, Art. 17 GDPR
The deletion of personal data under the conditions specified in the article; This is particularly the case if they are no longer necessary for the purpose for which they were originally collected or processed.
Right to rectification, Art. 16 GDPR
Immediate correction of incorrect personal data concerning the user.
Right to portability, Art. 20 GDPR
Users of the services generally have the right to receive the personal data concerning them that they have provided in a structured, common and machine-readable format and to transmit this data to another person responsible without hindrance from us; The user also has the right to request that we transmit the personal data directly to another person responsible, if this is technically feasible; provided that the processing was based on consent or is based on a contract with us and the processing is carried out using automated procedures.