Terms of use for the BabySoon app

 

 

The BabySoon app is provided by Medisupport Services SA, rue de la Gare 11, 1110 Morges (hereinafter referred to as «Medisupport»). By downloading, installing or using the BabySoon app, you agree unconditionally to be bound by all of the terms and conditions set forth in the following terms and conditions in their current version.

 

1.        Object

The BabySoon app is a platform for mobile devices. The app's data can be accessed via a smartphone or tablet. The app provides expectant mothers with information about their pregnancy. In particular:

(i) general information provided by Medisupport and/or the consulting gynaecologist (the latter indicated with a stethoscope) (hereinafter and in the BabySoon app: «factsheets»);

(ii) information about the individual pregnancy, which is provided either by the consulting gynaecologist or by you (hereinafter and in the BabySoon app: «medical details»); you acknowledge that medical data, such as e.g. laboratory results, do not constitute a diagnosis and must be consulted by the gynaecologist in order to obtain a diagnosis. You further acknowledge that medical data will be made available to the gynaecologist prior to transmission to the BabySoon app, and that your gynaecologist may also withhold or entirely prevent the transmission of such data.

(iii) personal information provided by you or your consulting gynaecologist such as your name, age, etc. (hereinafter and in the BabySoon app: «personal details»);

(iv) dates, information and images that you have provided yourself, such as photographs of the pregnancy, pregnancy notes, etc. (hereinafter and in the BabySoon app: «my diary»);

(v) a list of Medisupport's blood collection centres with a link to Google Maps (hereinafter and in the BabySoon app: «laboratories»);

(vi) a list of the most relevant emergency contacts, such as police, fire brigade, ambulance, poisoning, international urgency, various clinics, as well as any emergency contacts you may have provided (hereinafter and in the BabySoon app: «emergencies»); and

(vii) various pregnancy calculators (hereinafter and in the BabySoon app: «pregnancy calculators»).

(viii) data relating to previous pregnancies that have been collected in the BabySoon app (hereinafter and in the BabySoon app: «maternity records»).

 

In addition, the section «unread» contains information from other sections that you have not yet clicked on. The section «favourites» summarises the information from other sections that you have marked under favourites.

 

The data capacity available on the BabySoon app is limited to a total of 5GB. In addition, the size of each file uploaded in any section may not exceed 10 MB. Medisupport is entitled at any time to set a limit on the total data volume or to change the limit per uploaded file. In addition, Medisupport may at any time amend, adjust or cancel the sections mentioned above.

 

2.        Initial registration and access to the BabySoon app

You can register to use the BabySoon app if you:

-          are of legal age, capable of judgement and are not under deputyship, and

-          have received a personal registration code from your gynaecologist. The BabySoon app is made available exclusively to patients of gynaecologists who work with Medisupport laboratories.

 

The BabySoon app is available for free download in the iOS App Store and Android Google Play store.

 

The gynaecologist provides you with a personal registration code. Medisupport provides this personal code to the gynaecologist when he/she registers you to use the BabySoon app and enters your smartphone number for registration. You acknowledge that it is for your gynaecologist to decide whether or not to issue a personal registration code. The personal code is valid until the code is entered, but for no longer than 30 days. After 30 days, registration with this code is no longer possible and you must obtain a new code from your gynaecologist. Registration involves entering the personal code received from your gynaecologist in the BabySoon app. A second code is then sent via SMS (text message) on the mobile phone which the gynaecologist has saved in the personal details section according to your indications. Entering this second code completes the registration process. Completing the registration process concludes a contract between Medisupport and you relating to the use of the BabySoon app, and your BabySoon account is opened. The next step involves defining a username – consisting of an email address – and a password. You can also register your fingerprint.

 

For each future access to the BabySoon app - be it via a mobile phone or tablet - you must log in with one of the following four options to ensure data security:

-          username, password and additional code sent via SMS (text message) to the registered smartphone number;

-          username and password;

-          fingerprint and additional code sent via SMS (text message) to the registered smartphone number; or

-          fingerprint.

 

Full use of the BabySoon app and access to your data is possible only if you are connected to the internet. Offline use of the BabySoon app is only possible to a limited extent and you only have access to the data that was downloaded up to the last online session. If you do not have an internet connection, you will not have full access to your BabySoon account and will not be able to enter or change any data.

 

No new registration through your gynaecologist is required when using the BabySoon app on a new device. All that is required, is to log in with the existing user (see above).

 

3.        Your duty of care

For your own protection and for the safe operation of the BabySoon app, you must keep your access data to the BabySoon app secret. If any unauthorised third party gains knowledge of your access data or you lose the access data or your device, you must change the password immediately or have access to the BabySoon app blocked. You can change your password at any time using the «I forgot my password» option. If you change your smartphone number, the new one must be saved in the BabySoon app. If you are unable to do this, you must contact the support team so that your new smartphone number can be saved correctly.

 

Medisupport takes all reasonable and appropriate precautions to protect your data. Your devices, however, are beyond Medisupport's control. You are responsible for their security and the backing up of your data. It is your responsibility to keep up to date with the latest security precautions and to take the appropriate safety measures. Always protect your devices with a password or code and protect the BabySoon app with a different password - one that is difficult for a third party to figure out. Always keep the device's operating system up-to-date and close the BabySoon app after each time you use it.

 

Your gynaecologist is not obliged to read the information you enter in the BabySoon app. Accordingly, it is your responsibility to personally provide him, the maternity ward and emergency medical services with all the relevant medical details. You acknowledge that neither your gynaecologist nor the maternity ward, emergency medical services or Medisupport can be held liable for knowledge of the data you have entered into the BabySoon app and any obligations resulting therefrom.

 

4.        Liability for unauthorised use

You agree to be liable to, and fully indemnify, Medisupport for all damages, inconvenience and costs caused by the unauthorised use of the BabySoon app by you or any third party.

 

5.        Termination due to non-compliance with the terms of use

If you fail to comply with these Terms of Use, your rights to use the BabySoon app will be immediately and automatically withdrawn. You must immediately cease all use of the BabySoon app and destroy all copies of the BabySoon app. Medisupport is also entitled in such a case to delete your data irretrievably and to block access to the app without being liable for any damages.

 

6.        Costs

Medisupport provides you with the BabySoon app free of charge. However, Medisupport is entitled to charge a fee for use of the BabySoon app at any time following prior notification.

 

Full use of the BabySoon app and access to your data is possible only if you are connected to the internet. Therefore, if you use the internet and data are transferred between the BabySoon app and your devices, you may be charged according to your network operator's tariff. Your network operator's transfer charges may be high when large amounts of data are involved.

 

7.        Change of gynaecologist

In the event of a change of gynaecologist during your pregnancy, regardless of whether he/she also works with Medisupport, the BabySoon app is available as follows:

-          If your new gynaecologist works with Medisupport laboratories: your old gynaecologist has no longer access to the data in the BabySoon app. Your new gynaecologist has access to the data in the BabySoon app. Please note that in such a case you must inform your new gynaecologist in order for him to activate the change of gynaecologist in his system LabWEB. Prior to such activation, your consent will be requested.

-          If your new gynaecologist does not work with Medisupport laboratories: your former gynaecologist has no longer access to the data in the BabySoon app. Your new gynaecologist has also no access to the data in the BabySoon app. Thus, it is not possible to continue using the BabySoon app with the new gynaecologist. You acknowledge that a change of gynaecologist must be reported through «technical contact» in order to adjust the access entitlements. You retain access to all data already uploaded into the BabySoon app and you can also enter new data.

 

8.        Updates, support and deactivation

Medisupport is entitled, though not obliged, to update the BabySoon app at its own discretion. Medisupport is not obliged to make the BabySoon app available for mobile telephones of a particular generation.

 

Medisupport is not obliged to provide support, repair or maintenance services in connection with the BabySoon app. However, functional issues and other messages can be reported via the «technical contact» menu item. Medisupport will try to respond as soon as possible.

 

Medisupport may, at any time without giving any reasons and without prior notice, temporarily or permanently deactivate the BabySoon app or discontinue its operation. Medisupport also reserves the right not to maintain or make available previous versions of the BabySoon app.

 

9.        Closing/archiving your pregnancy in the BabySoon app

You or your gynaecologist can «close» a pregnancy in the BabySoon app at any time. If the pregnancy has not already been «closed» by you or your gynaecologist, Medisupport will «close» it no later than nine months after initial registration. You can continue to access the BabySoon app after the pregnancy has been «closed», but you can no longer make changes or upload new data. You can still view and download your data for five years after the pregnancy has been «closed», after which the data will be irretrievably deleted. After the «closure», your gynaecologist will retain access to the data that he/she was able to view before the «closure».

 

10.    Data protection and access to data

The provisions of the current version of the privacy policy apply.

 

11.    Rights of use

All intellectual property rights in connection with the BabySoon app, in particular copyrights, trademark rights and design, are the exclusive property of Medisupport. Medisupport grants you the right to use the BabySoon app on your smartphone and/or tablet for private, non-commercial purposes only. This right is non-exclusive, personal and non-transferable. It can be revoked by Medisupport at any time.

 

You are not entitled to use the BabySoon app in any other way than provided for in these Terms of Use. In particular, you are not entitled to publicly show, sell, rent or lease, copy, modify, adapt, distribute, change, transfer, decompile, reverse engineer, disassemble, obtain the source code, sublicense or assign your rights to the BabySoon app to third parties, either for a fee or free of charge.

 

You agree to collect all information truthfully and accurately and to upload only high-quality data and to keep a copy of the data elsewhere than in the BabySoon app to guard against the loss thereof. You are not permitted to upload any unlawful, inappropriate or immoral information or make it available to any other person. Medisupport is entitled, though not obliged, to irretrievably erase any incorrect, illegal, inappropriate or immoral data without notice and to block access to the app without incurring any liability for damages.

 

12.    Disclaimer of warranty

Medisupport provides the BabySoon app on an «as is» basis. You download, install and use the BabySoon app solely at your own responsibility, risk and expense. The BabySoon app is excluded from any warranty.

 

In particular, Medisupport does not guarantee that

-          the BabySoon app is available at all times and operates error-free and without interruption, or that errors are corrected, and that

-          downloading, installing or using the BabySoon app does not cause any damage to the hardware or other software or any loss of or damage to data, or attacks by third parties, infestation by malicious software (e.g. viruses) or other interventions relevant to data security (e.g. spying or data modifications). You are solely responsible for safeguarding your data.

 

The Medisupport data in the «factsheets» section are created with all due care and on the basis of the current state of information. This also applies to the pregnancy calculator. That said, Medisupport cannot guarantee the data's accuracy, completeness, appropriateness or timeliness. In particular, these contents are no substitute for advice from medical professionals.

 

You are solely responsible for the accuracy and completeness of the data you enter into the «personal details», «medical details» and «my diary» sections. Medisupport cannot provide any warranty for this.

 

Your gynaecologist or the originator of the data are responsible for the accuracy and completeness of the data they deposit in the «factsheets», «medical details» and «personal details» sections. Medisupport cannot provide any warranty for this, either.

 

13.    Liability of Medisupport

Medisupport accepts no liability for any damage or costs arising from or in connection with the BabySoon app to the full extent permitted by law. In any case, liability for any damage and costs incurred by you as a result of using the BabySoon app is limited to a maximum of CHF 100.00. Liability for associates is excluded.

 

In particular, Medisupport is not liable for damage or other inconvenience or costs resulting from the incompatibility of the BabySoon app with your devices, including hardware, operating systems, software, peripherals or networks.

 

Medisupport is also not liable in particular for damage resulting from a subsequent limitation of the data volume, from the unintentional deletion of data or from the fact that the BabySoon app cannot be used with the new consulting gynaecologist in the event of a change of gynaecologist.

 

Medisupport disclaims, to the fullest extent permitted by law, all liability for any data accessible via the BabySoon app, including but not limited to «factsheets», «my diary», «medical details», «personal details», «laboratories», «pregnancy calculators» and «emergencies». In particular, Medisupport is not liable for actions that are performed or omitted on the basis of information in the BabySoon app. Acting on the information provided by the BabySoon app is always at your own risk. Moreover, your gynaecologist, maternity ward and emergency medical services are not obliged to read the data in the BabySoon app. Accordingly, neither the gynaecologist, nor the maternity ward or Medisupport are liable for knowledge of the data in the BabySoon app and any resulting obligations.

 

Accessing hyperlinks provided in the BabySoon app is also at your own risk. Medisupport is not liable for data security or for content provided on the websites of third parties.

 

Any liability concerning the availability of the BabySoon app and any resulting damage is hereby excluded.

 

14.    Amendments to the terms of use

Medisupport reserves the right to amend these terms of use at any time. You will be notified of any amendments made to these terms of use the next time you open the BabySoon app. The new provisions will apply once you have accepted the amended terms of use. If you do not accept the amended terms of use, you can no longer use the BabySoon app.

 

15.    Applicable law and place of jurisdiction

Use of the BabySoon app is exclusively subject to Swiss law, to the exclusion of any conflict of laws and the Vienna Convention (CISG). The courts of Lucerne shall have exclusive jurisdiction, subject to mandatory legal provisions. However, Medisupport can also pursue a claim against you at your domicile.

 

Medisupport Services SA

 

Privacy Policy for the BabySoon app

 

 

16.    General

This Privacy Policy governs the processing of personal data in relation to the BabySoon app. Personal data means any information relating to an identified or identifiable person. This includes for example the person's name, postal address, telephone number, email address and medical data. The Privacy Policy informs you how and why the data provided by you are processed.

 

The BabySoon app is provided by Medisupport Services SA, rue de la Gare 11, 1110 Morges (hereinafter referred to as «Medisupport»). Medisupport may change this privacy policy at any time. By downloading, installing or using the BabySoon App, you agree unconditionally to be bound by all terms and conditions of the following privacy policy in its current version.

 

17.    Principles of data processing

Data protection is very important to Medisupport. The company therefore complies with the applicable legal requirements and processes data in a lawful, proportionate and in good faith. . In addition, all employees of Medisupport are subject to a duty of confidentiality.

 

18.    Purpose of data processing by Medisupport

Data is processed for the purpose of operating the BabySoon app. Medisupport may also use the data in the «medical details» section in anonymised form for scientific research.

 

19.    Processing of personal data by you as a patient

a.        Your processing options

After successful registration, you can enter data in the following sections of the BabySoon app and change or delete the data entered by you:

-          «personal details»

Personal data such as e.g. your telephone number, your health insurer and your insurance number, your size, your weight and data concerning attending physicians, paediatricians or emergency contacts can be entered here.

-          «my diary»

You can enter individual data here.

-          «medical details»

The following data can be entered here: general medical data (e.g. information relating to allergies or medication intake).

-          «pregnancy calculator»

The following data can be entered here: information concerning your size, your weight, your periods as well as the frequency of contractions.

 

You can also add certain information to your favourites. Should you do so, the data will also be available in the «favourites» section.

 

Any data available in the «maternity records» section relate to previous pregnancies recorded in the BabySoon app. You can view and download these data up to five years after the completion of the respective pregnancy via the BabySoon app, but you can no longer make any change to them.

 

You also have the option of providing medical and/or personal details to your maternity ward or to any emergency medical services, provided that the institution concerned works with Medisupport in relation to BabySoon. The person who entered the data concerned is indicated in the report sent to the maternity ward. Transmission occurs through a secure email address. If you send the report to a private email address (e.g. your own email address) this may involve transmission to an unsecured email address, which will result in reduced protection for your data.

 

You acknowledge that all data on the Medisupport server will be irretrievably erased should you delete the data relating to your pregnancy on the BabySoon app.

 

b.        Your duty of care

You yourself are responsible for the accuracy and completeness of the data you provide. Medisupport cannot assume any responsibility or liability for this.

 

You hereby acknowledge that

-          when opening or downloading documents that are available via the BabySoon app, a copy may be made on your electronic devices and that this copy may also be viewed without access to the BabySoon app and thus without additional password protection;

-        You are solely responsible for data processing in the event that data is stored outside the BabySoon app or for the transmission of any data by email. Medisupport declines entirely any responsibility or liability;

-          Medisupport takes all reasonable and appropriate precautions to protect your data. Your devices, however, are beyond Medisupport's control. You are responsible for their security and the backing up of your data.

 

c.         Ability of Medisupport and your gynaecologist to process these data

All data entered by you are stored by Medisupport and may be consulted, altered or erased by system administrators from the Medisupport IT Department, where this is necessary for their work. Any data that you have entered into the «personal details» and «medical details» sections will also be passed on to your gynaecologist and may be consulted by him/her. However, the data entered in the «my diary» or «favourites» sections will not be passed on and cannot be consulted by your gynaecologist. Your gynaecologist can consult your «personal details» and «medical details» from previous pregnancies in the «maternity records» section, unless you have changed physician.

 

20.    Processing of personal data by your gynaecologist

a.        The ability of your gynaecologist to process data

Your gynaecologist can upload and view data as well as change or delete the data entered by him/her in the following sections of the BabySoon app:

-           «medical details»

The following data can be entered here: general medical data (e.g. information relating to allergies or medication intake), data concerning the progression of the pregnancy, blood group details and other laboratory results.

-          «factsheets»

General information relating to the pregnancy can be stored here.

 

Your gynaecologist can also consult your data in the «personal details» section.

 

The data uploaded by your gynaecologist are marked with a stethoscope. Your gynaecologist is not obliged to enter any data in the sections mentioned above.

 

Your gynaecologist also has the option of providing medical and/or personal details to your maternity ward or to any emergency medical services, provided that the institution concerned works with Medisupport in relation to BabySoon. The person who entered the data concerned is indicated in the report sent to the maternity ward.

 

Your attending gynaecologist or the originator of the data is responsible for the accuracy and completeness of the data he/she deposits in the «factsheets» and «medical details» categories. Medisupport cannot provide any warranty for this.

 

b.        Options available to Medisupport and your ability to process these data

All data entered by your gynaecologist are stored by Medisupport and may be consulted, changed or erased by system administrators from the Medisupport IT Department, where this is necessary for their work. Any data entered by your gynaecologist into the «medical details» or «factsheets» sections can be consulted by you on the BabySoon app. You acknowledge that medical data, e.g. laboratory results, will be made available to the gynaecologist prior to transmission to the BabySoon app, and that your gynaecologist may also withhold or entirely prevent the transmission of such data.

 

21.    Personal data passed on by Medisupport or your gynaecologist

Medisupport or your gynaecologist may pass on personal data in relation to BabySoon to the extent described above. Medisupport also reserves the right to outsource data storage to third parties. Any such parties are obliged to process the data exclusively on behalf of Medisupport and in accordance with the instructions of Medisupport and must comply with the applicable statutory provisions. Data are only disclosed to the authorities or to governmental bodies where required by law or in response to a court or administrative order.

 

Please note that any information from the «personal details» and «medical details» sections may be made available in relation to medical treatment to your gynaecologist, Medisupport laboratories or other healthcare service providers independently from the BabySoon app. 

 

22.    Further information concerning data processing

a.        Recording of general information in relation to usage of the BabySoon app

Data logged during usage of the BabySoon app are normally recorded, such as e.g. the date and time, the sections consulted, the OS version and the volume of data transferred. The data entered are used exclusively for the purpose of generating general statistical data concerning usage of the BabySoon app and in order to optimise the BabySoon app. These data are not published by Medisupport or disclosed without authorisation to any third parties.

 

b.        Support

If you contact Medisupport through the «technical contact» section, your enquiry will be stored by Medisupport in order to process it.

 

c.         Links to third parties and Google Maps

The BabySoon app contains links to third party websites and to Google Maps. Should you click on any of these links or use Google Maps, Medisupport declines any responsibility for the processing of your personal data by these third parties. The privacy policies of the third party providers apply.

 

d.        Notifications

Medisupport may send you notifications (such as useful information, the availability of new documents in BabySoon etc.) through the BabySoon app.

 

23.    Closure/archival of a pregnancy in the BabySoon app

Medisupport only stores your data for as long as is necessary in order to operate the BabySoon app or in order to comply with statutory retention periods.

You or your gynaecologist can «close» a pregnancy in the BabySoon app at any time. If the pregnancy has not already been «closed» by you or your gynaecologist, Medisupport will «close» it no later than nine months after initial registration. You can continue to access the BabySoon app after the pregnancy has been «closed», but you can no longer make changes or upload new data. You can still view and download your data for five years after the pregnancy has been «closed», after which the data will be irretrievably deleted. After the «closure», your gynaecologist will continue to be able to view the data that he/she was able to view before the «closure».

 

Please note that any information from the «personal details» and «medical details» sections is made available in relation to medical treatment to your gynaecologist, Medisupport laboratories or other healthcare service providers independently from the BabySoon app and is therefore also stored outside the BabySoon app.

 

24.    Your consent

By downloading, installing or using the BabySoon app, you consent to the data processing described above by Medisupport and/or your gynaecologist. You acknowledge that some of the data on the BabySoon app constitute data relating to health, and are thus particularly sensitive personal data.

 

If you use the BabySoon app outside the European Economic Area (EEA), data may be processed in countries without an adequate level of data protection. There is a risk that your data may be consulted and/or used by third parties. In using the BabySoon app outside the EEA, you expressly consent to the transfer of data to a country without adequate data protection.

 

25.    Your rights

You hereby acknowledge that

-          data processing by Medisupport in relation to the BabySoon app is based on your consent and that you can withdraw your consent to the processing of your data at any time;

-          you have the right at any time to request the deletion of data processed by Medisupport, and that Medisupport will irretrievably delete such data provided there is no statutory data retention obligation;

-          the erasure of data from the BabySoon app will not prevent your gynaecologist from being able to continue to access your personal data outside BabySoon in relation to medical treatment;

-          You are entitled to obtain the restriction of processing;

-          should you request any restriction of data processing or the deletion of data by Medisupport, you may not be able to use the BabySoon app any longer;

-          you have the right to be informed whether any personal data relating to you are being processed, and if so which data, and to obtain confirmation of this information;

-          you have the right to obtain with undue delay the rectification of inaccurate data concerning you or the completion of any incomplete data concerning you;

-          you have the right to receive the data concerning you in a structured, commonly used and machine-readable format and to transmit those data to another person;

-          you have the right to lodge a complaint with the supervisory authority.

 

26.    Your contact person

If you would like to exercise any of the rights mentioned above or have any questions or concerns relating to data protection, please contact Support in the BabySoon app through the «technical contact» section. You can also contact the Data Protection Officer of Medisupport at dpo@medisupport.ch.

If your enquiry relates to data that have been uploaded and/or processed by your gynaecologist, we shall contact your gynaecologist in order to address your concern.

 

 

 

Medisupport Services SA

 

Version 06.2020_01