Microsoft word - agbvitaclic_en_12 2008.doc

ONLINE EASY AG
General Terms and Conditions of Trade (GTCT) of the
“VitaClic” community platform”
Version 1.0 – November 2008

1. Preamble

The purpose of the VitaClic platform is to network Internet users in the health field (patients/insured persons, service providers and insurance companies). Online Easy AG (OLEAG) makes a community platform available to users permitting them to utilize the platform with three levels of user rights:  A public gateway, which can be accessed without the need for registration  A protected community zone with various community services  A protected personal zone, the main feature of which is the health data of the Entitlement to participate and usage
There is in principle no basic right to logon to VitaClic, nor to membership, use of the community platform or claim to personal services from VitaClic. OLEAG checks each individual login for the protected zone and in particular retains the right to decline a login without reason at any time, to exclude a user, limit and/or forbid usage or terminate a service.
3. Services

The services offered by OLEAG on the www.VitaClic.ch platform are described in detail on the Web site in the section dealing with products and services. Usage and membership of the VitaClic platform are free. OLEAG expressly retains the right to introduce charges for individual services or for the entire platform at some time in the future. In such a case OLEAG will submit an offer which requires your express approval before it is considered to be accepted. Approval may also be given electronically. If you do not accept the offer to continue using the service subject to charges within the deadline that is set, it is deemed that you have now decided to dispense with using the services and the data will be deleted immediately. Access to services
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Technical access to the services is gained through the Internet via an Internet Service Provider (ISP) chosen by the user. Data given during the login process must be complete and accurate. If changes occur in data you are obliged to alter your user profile immediately to ensure the details are complete and correct at all times. Public zone
All users are able to access and read the public portal and most of the security level 1 content by means of the www.VitaClic.ch Web site without prior registration. Community zone / security level 1<>
You have to register a user name and a personal password to be able to participate actively in the community services (forums, diary, list of friends, etc.). A valid e-mail address is required to register successfully. The registration process is concluded by calling up a link that is sent to you in a confirmation e-mail. Any user name can be chosen in principle, however, it may not be obscene, insulting or give rise to objection for any other reason. The user name may not contain any reference to an e-mail or an Internet address or breach the rights of third parties in any manner. Each user name is only permitted once. No entitlement exists to any particular user name. Community zone / security level 2

The personal zone of VitaClic may only be used on condition that a user contract is concluded in advance with OLEAG. The GTCB constitute an integral part of the contract and regulate conclusion of the contract, the content and use of the personal zone of VitaClic. When you conclude the contract and when you login in initially you expressly accept the GTCB and the GTCB are thus part of the content of the contract. Adverse or deviating conditions do not constitute part of the contract even if the OLEAG does not expressly object to such. On registering for the personal zone of VitaClic (security level 2) you declare that you consent to grant read permission to the tele-medical center mandated by OLEAG with respect to the data in the emergency data file and authorize the center to inform clearly identified medical specialists or paramedics about the data deposited there. Security of the account
You have a duty to handle the login data sent to you in a confidential manner. In particular, revealing this data to third parties thus granting them authorized access to data is strictly forbidden. You are further obliged to inform OLEAG without delay if you should have reason to believe that login data have been misused by third parties. You will be held liable for all activity carried out with the use of your account unless you are able to otherwise prove that you are not in breach of the duty to exercise a duty of care. You acknowledge without reserve all transactions carried out in the personal zone of VitaClic that have been initiated by means of your identity features. ONLINE EASY AG
Likewise all instructions, contracts, messages, etc., which are given or sent with your login data, are deemed in principle to have been written and authorized by you. Private sphere and access rights
The entire content of the personal zone of VitaClic and contributions placed in this zone, the personal health record in particular, may as a rule only be viewed and managed by each user. At your own discretion you may authorize other VitaClic users, in particular service providers, to access your health data and the corresponding documents in your personal zone (security level 2). You decide in your own right whether you wish to share your data with other users and if so to what extent such data will be shared (reading rights, writing rights, or both). The network structure and the platform's private sphere settings permit you to adapt the rights in each case to various levels, thus permitting you to only grant partial rights of access. OLEAG does not give your data to third parties without your express permission. You retain the data sovereignty at all times. You alone are responsible for whom you issue access and/or read or write rights in the personal zone or in parts of the personal zone. In connection with the foregoing OLEAG declines all liability for loss or damages arising from unauthorized or undesired access to the personal zone caused by a third party. As the operator contracted to run the VitaClic community platform on behalf of OLEAG, T-Systems Schweiz AG ensures that data is secure, data privacy legislation is adhered to and the privacy of medical data is maintained with respect to the insurers linked to the site provided the owner of the data has not released such data. Content and user behaviour
By completing the registration procedure you undertake to use the services of VitaClic in conformity with the legislation and the contract. The following conditions of use apply in particular: Transferring, publishing, releasing, storing or making available in any other manner content that could be considered to be damaging, threatening, contrary to the law, slanderous, injurious, abusive, inflammatory, harassing, vulgar, obscene, deceitful, breaching the private sphere or publicity rights of others, abhorrent, racist, or unacceptable for ethnic or any other reason is forbidden. Gross violations may lead to prosecution; The texts, photos, videos, data, etc., used may not violate existing rights of third parties; As the user you are responsible for the content published. OLEAG disassociates itself from the content of all texts, photos, videos, data, etc., written or published used by you or third parties because OLEAG only makes the platform available for such uses. Transferring, publishing and releasing private information about third parties, such as addresses, phone numbers, e-mail addresses, social insurance numbers ONLINE EASY AG
and credit card numbers, is forbidden as is making such information available to the pubic in any other manner on the Web site. Transferring, publishing and releasing data that contains software viruses or any type of computer code, data or programs developed to interfere with the functionality of computers, or to destroy or limit the availability of computer software, hardware or telecommunications equipment, or making such available in any other manner or form, is forbidden.
9. Sanctions,
suspension
If there is good reason to believe that a user has either violated the law, the rights of third parties, the GTCB or the rights of other interested parties, OLEAG can take the measures shown below: Immediate and final exclusion of users (in such cases the contract is deemed to have been cancelled without notice) Further, OLEAG is entitled to block access to the health portal (security level 1) and to the personal zone at any time without giving any reason and without serving any notice. Rights of ownership, copyright and use
All rights to page content, in particular rights of copyright and trademark, belong exclusively to OLEAG Extraction of content by the user without first obtaining prior authorization of OLEAG is not permitted. OLEAG is aware of the fact that handling of health data during the operation of the Vitaclic platform represents an important aspect for you. OLEAG treats personal data as confidential and only processes such data to provide the services offered in connection with VitaClic while observing the stipulations of the applicable data privacy legislation. In particular, OLEAG will not pass this data on to third parties or inform third parties about your data without your express permission. The details about how sensitive data are processed are regulated in the data privacy policy, which constitutes an integral and binding part of the GTCB. By signing the user contract and giving your approval to the data privacy policy you expressly consent to having your personal data and private medical data processed and stored by OLEAG and business partners working on behalf of OLEAG. ONLINE EASY AG
OLEAG is entitled to place contracts with partner firms for the provision of individual services or for the operation of the platform. You grant your approval to this procedure. Partner firms are obligation by contract to OLEAG to maintain data privacy and ensure data security.
12. Exclusions
liability
Generalities

OLEAG is only liable for direct loss or damage arising either through wilful negligence
or gross negligence. Liability for loss or damages in cases of slight negligence – for
whatever legal reason – is expressly excluded with the exception of obligatory legal
grounds. Liability for indirect damages or consequential damages is also excluded to
the extent permitted by law.
Technical defects, maintenance, modification

OLEAG makes every effort to ensure the regular operation of the community platform
at all times. However, OLEAG declines all liability for loss or damages accruing to the
user because of technical defects, disturbances, temporary non-availability of
individual services or of the entire platform.
OLEAG retains the right to limit the availability of the platform at any time and to
limit, terminate or modify it in one way or another without giving any reason. In such
cases OLEAG is not liable for loss or damages accruing to the user through
termination, modification or limitation of the service.
OLEAG exercises the greatest care with respect to research and with respect to the publication of contributions. OLEAG gives no warranty for the freedom from errors, topicality, quality and completeness of data it prepares and transfers. OLEAG has no influence whatsoever on the accuracy and completeness of the information and data deposited in the personal zone, and in particular in your personal health record. OLEAG only makes the platform available. For this reason OLEAG does not offer any warranty for the accuracy and completeness of data and will not be held liable for any loss or damages arising from inaccurate or incomplete data deposited in this zone. You alone bear the responsibility for the data deposited by you or by third parties authorized to deposit data in the personal zone. It is incumbent on you to check the health data and the corresponding documents placed in the zone. You should regularly monitor, check and correct the medical data filed by you or by others authorized to file data. Members and third parties
OLEAG excludes all liability whatsoever in respect of deliveries of data from authorized third parties with access rights, and from service providers in particular. OLEAG gives no warranty for the accuracy and completeness of such. Deliveries of data from third parties take place subject to the consent of the user (see also Private sphere and access rights). ONLINE EASY AG
Linked Web sites
The VitaClic platform contains links to other pages on the Web. OLEAG has not checked these external Web pages and will not be held liable for the content, correct functioning or for products and services, etc., offered on such pages. Therefore, links are activated at the sole risk of the user at all times. Internet access for the physically impaired
OLEAG does not guarantee that the VitaClic Internet platform is designed in a manner that makes it completely suitable for use by people with impairments, however suggestions for improvement are welcome and OLEAG will try to take such into consideration if the platform is extended in the future. Amendments to conditions
OLEAG retains the right to amend the GTCB or its appendixes at any time without giving any reason. You will be informed in good time about amendments either in writing, on the screen or in another suitable manner. No right of objection is granted and amendments are deemed to apply 2 weeks after they have been published but in every case on the next login. Duration and termination of the user relationship
Contract period

The contractual relationship is binding for one year and on expiry is tacitly extended
for a further year provided neither of the contracting parties effectively serves notice
to terminate the contract.
Regular notice to terminate the contract

Regular notice to terminate the contract can be served at the end of the contractual
period while observing a 30-day period of notice.
Extraordinary termination

Both contractual partners are entitled to terminate the contract if they have sufficient
cause without observing a period of notice particularly in cases where one of the
contracting partners is responsible for a serious violation of the conditions of
contract.
Regardless of the contract period the user can have the content of his or her
personal zone deleted at any time. However, doing so is not deemed the same as
terminating the contract whereby the contract has to be terminated in the regular
manner.
The OLEAG retains the right to block access to the personal service zone after having
served prior notice and to delete the user’s data provided the user has not used
VitaClic for a period of more than 2 years.
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If OLEAG serves extraordinary notice to terminate the contract the user is not entitled to claim partial reimbursement of user fees, etc., paid in advance. Formalities

Notice of any kind has to be served in writing. OLEAG can provide for electronic
transmission of notice to terminate on the platform and in such a case make this
equivalent to the written form.

When notice to terminate is served the entire content stored under the user’s profile will be deleted. The contractual relationship is thus terminated. Applicable law and legal venue
All disputes in connection with the GTCB between OLEAG and a (current or former)
user are subject exclusively to substantive Swiss law. Provided no mandatory legal
venue is prescribed in the laws of the Confederation it is agreed that the exclusive
legal venue is Bern/Switzerland.

16. Severability
Should some or any of the terms of the GTCB prove to be wholly or partly invalid or be rendered so because of future changes in the law this does not affect the validity of the other terms. The invalid terms will be replaced by terms that most closely approximate the intent and economic effect of the invalid and/or unenforceable provision. The same shall apply with respect to omissions to the
17. Further
conditions
The General Terms and Conditions of Business of each VitaClic service apply in addition to these GTCB. ONLINE EASY AG

Special conditions for service providers linked to the
“VitaClic” community platform

18.
Area of application
The Special Conditions for Service Providers constitute an integral part of the General Terms and Conditions of Business for VitaClic. They contain additional provisions which apply exclusively to service providers linked to the site. If not otherwise stated the Special Conditions for Service Providers take precedence over the General Terms and Conditions of Business of VitaClic. Service providers’ right to participate
Persons or organizations authorized to provide services at the expense of the mandatory health insurance (Art. 35ff KVG) can register as service providers on the VitaClic platform. There is no general entitlement to registration, membership and use of the VitaClic platform. In particular, OLEAG is free to reject a registration without giving any grounds for doing so, to exclude a service provider, impose limitations on the use of the platform or forbid use entirely.
20. VitaClic
services
In the form of the Web site www.VitaClic.ch, OLEAG makes a community platform available to service providers to enable them to exchange information interactively with patients, insurance companies and other service providers linked to the site. The purpose of the VitaClic platform is to help all participating parties to gain considerably more time by increasing the transparency and quality of communication. The services offered by OLEAG for service providers are described in detail on the Web site of the www.VitaClic.ch platform in the separate section dealing with products and/or services. Registration of service providers
VitaClic may only be used on condition that a user contract is concluded in advance between service providers and OLEAG. The GTCB, including the Special conditions, regulate conclusion of the contract, the content and the use of VitaClic. The GTCB shall be expressly acknowledged as binding both when the contract is concluded and during the registration process and thus form part of the content of the contract. The General Terms and Conditions of Business apply exclusively to the contract between OLEAG and service providers. Adverse or deviating conditions do not constitute part of the contract even if the OLEAG does not expressly object to such. ONLINE EASY AG
The data given in the registration form and user contract have to be complete and accurate. If such are amended in the future the service provider undertakes to alter the profile promptly to ensure the details are complete and accurate at all times.
The registration process for service providers is as follows:
Service providers are able to register to use VitaClic platform on the www.VitaClic.ch Web site. At the same time, the “User Contract for Service Providers” should be printed out, completed and signed, and then sent to the address indicated on the form. A copy of a valid means of identification (identity card, passport, driver’s license, etc.) should be enclosed with the user contract. Once the authentification process has been completed, service providers are sent an e-mail in confirmation containing their login data and a personalized sub-site is set up (one per institution). After expressly approving the current GTCB and the data privacy policy, service providers are able to access their own personal sub-site. Private sphere and access rights
The entire content and contributions placed in the personal zone of VitaClic (security level 2), and the personal health record in particular, may as a rule only be viewed and managed by the owner of the particular sub-site. The owner of the sub-site has the option to issue rights to other VitaClic users to access data and documents in the personal zone of the sub-site. Service providers may be authorized by insured persons/patients to access their personal zone and place content there, and in particular in the personal health record. VitaClic users decide in their own right which data they wish to share with other users, in particular service providers, and which users may place new content in the file. The network structure and the platform's private sphere settings enable rights and access to be adapted in each case to various levels (read rights, write rights) so only partial rights may be granted. Service providers who are subject to confidentiality rules also have to adhere to the obligation to maintain confidentiality when using VitaClic (StGB Art. 320, 321, etc.), because they process data classified as sensitive by the data privacy legislation (DSG). Service providers also have to adhere to the principles of data privacy and data security when using the community platform and in particular if they are granted the right to access the personal zone of patients/insured persons. The details about how sensitive data are processed are regulated in the data privacy policy, which constitutes an integral and binding part of the GTCB. ONLINE EASY AG
Service providers confirm that they recognize the data privacy policy as binding and that they adhere to the data privacy principles which apply to the use of VitaClic by signing the user contract.

Source: http://www.vitaclic.ch/en/Public/Documents/AGBVitaClic_EN_12%202008.pdf