Privacy Policy
On the Holentis website, accessible from https://holentis.ch, one of our main priorities is the protection of our visitors’ privacy.
This privacy policy document sets out the types of information that are collected and recorded on holentis.ch and how we use it. These terms and this policy are governed by Swiss law. Version dated 12.12.2022
1. Introduction
Holentis SA, whose registered office is at Rue des Jordils 40, 1025 Saint-Sulpice (Switzerland) (hereinafter “Holentis”, “We”, “Our” or “Us”), provides patients (hereinafter “Patient(s)”, “You”, “Your” or “Yours”) with specialised medical services for the treatment of the musculoskeletal system (hereinafter the “Service(s)”). Alongside the Services We provide to You, We conduct research in order to develop Our Services. Finally, We offer users (hereinafter “User(s)”) of Our website “www.holentis.ch” (hereinafter the “Site”) content dedicated to back-related issues. In order to provide and develop Our Services, as well as to provide content dedicated to back-related issues on Our Site, We collect, use and disclose a certain amount of data concerning Patients and Users. When We refer to data, We mean personal data. This is any information that allows Us to identify Patients and Users, either directly or by combining it with other information. In this respect, We are the data controller. This privacy policy (hereinafter the “Policy”) sets out: • the conditions under which Holentis processes data concerning Patients and Users, as well as the choices available to them regarding the collection, use and disclosure of this information, in accordance with the Federal Act on Data Protection and its implementing ordinance; • the conditions under which Holentis retains and reuses Patients’ health-related data for research purposes, in accordance with the Federal Act on Research involving Human Beings and its implementing ordinance. By using Our Services and/or accessing the Site, You acknowledge that You have read, understood and agreed to be bound by all the terms set out in this Policy. References to any function or role apply equally to women and men.
2. Processing of Your data in connection with the provision of Our Services
2.1 DATA THAT MAY BE PROCESSED
2.1.1 Data provided by the Patient
When You use Our Services, You will be asked to provide Us with a certain amount of data concerning You, such as Your personal contact details, Your billing data, Your health data, Your data relating to Your health insurer or Your accident insurer, Your data arising from a disability insurance decision, etc. You may also freely provide Us with additional data. When You ask Us to receive information by post, email or telephone, You may also share other data.
2.1.2 Data provided by Your doctor or a social insurance provider
When the use of Our Services is prescribed by Your doctor and/or covered by a social insurance provider (SUVA, IV, etc.), they may provide Us with a certain amount of data concerning You, such as Your personal contact details, Your health data, Your data relating to Your health insurer or Your accident insurer, Your data arising from a disability insurance decision, etc.
2.1.3 Billing data
When You use Our Services, the data necessary for payment is recorded (e.g. surname, first name, billing address, telephone number, AHV number, email address, IBAN, bank account number, date of consultation), as well as other data such as the name of Your health insurer, Your accident insurer, or the number of Your IV decision.
2.2 PURPOSE OF DATA USE
2.2.1 Provision of the Services
We use Your data to provide Our Services, interact with You and respond to Your requests.
2.2.2 Information about Our Services
We use Your data to send You information about Our Services, unless You object. Your data may also be used as part of the development of Our Services in order to gauge Your interest in the creation of new Services.
2.2.3 Pursuit of Our legitimate interests
Your data may also be used to pursue Our legitimate interests, which includes fraud detection, debt collection, and the review of any complaints We may receive, whether from You or from third parties.
2.2.4 Compliance with Our legal or regulatory responsibilities
We use Your data in order to fulfil Our legal and regulatory obligations, such as retaining accounting records or responding to requests from authorities.
3. Processing of Your health data for research purposes
Our ability to diagnose and treat illnesses has progressed considerably over recent decades. This progress has been made possible by the sustained efforts of medical research, in which several generations of doctors, scientists and patients have actively participated. A significant part of this research relies on the use of health data. With Your consent, which We collect via Our admission form, and alongside the Services We provide to You, We retain and reuse Your health data for research purposes. In both Our Services and Our research, We only process what is known as “non-genetic” health data, meaning data that does not relate to Your genetic makeup. When We conduct research Ourselves, Your health data is processed in uncoded form. If third parties are involved in this research (e.g. universities), Your health data is disclosed to them in coded form. The term “coded” means that all personal information is replaced by a code. The key that allows the code to be matched to an individual is not transmitted to the third parties involved in the research. People who do not have the coding key are not able to identify You. You have the right, at any time, to refuse to take part in this research or to withdraw Your consent, without having to justify Your decision. In that case, Your data intended for research is destroyed, subject to legal requirements. This does not apply to data already used. Your decision has no effect on Your medical treatment. You have the right to be informed of results concerning Your health, or to decline to receive this information.
4. Website
4.1 GENERAL
When Users browse and interact with Our Site, We use automated data-collection technologies to gather certain data about them in order to understand their actions (e.g. which links were clicked, which pages were viewed), as well as other similar data and statistics (e.g. content load times, download errors, the length of time spent on certain pages, the type of browser used, or the location of the connection). This information is captured using automated technologies such as cookies. It is also collected through external tracking services (e.g. Google Analytics). When Users allow a third-party social network (such as Facebook, YouTube, Dailymotion, etc.) to share data with Us, We may receive any data that Users share publicly on that social network, as well as data forming part of their profile. This may include basic account information (e.g. first name, surname, email address, gender, birthday, city of residence, profile photo, user ID, etc.) and any other data or activity that Users authorise the third-party social network to share.
4.2 COOKIES
Cookies are text files capable of identifying Users and saving their personal preferences (e.g. their choice of language), as well as technical information (including click-type and path-type data). We use cookies to facilitate access to the Site, analyse traffic and Users, and identify malfunctions on the Site. This also allows Us to improve the User experience as well as the design and content of the Site. The use of cookies can be disabled by selecting the appropriate settings in the browser used. However, such deactivation may prevent the use of certain features of this Site. Depending on the browser used, disabling Google Analytics is also possible by installing an add-on or by following this procedure. Users may also review the use of their personal data in connection with Google Analytics.
5. Sharing and transmission of data
5.1 SUBCONTRACTING
Holentis SA may use subcontractors and external service providers, to the extent necessary for carrying out the tasks entrusted to them, in particular providers to manage and/or maintain the Site, analyse traffic on Our Site, provide the Mywellness application, provide IT infrastructure, collect payments, send messages on Our behalf, conduct research, and monitor and analyse the status of Our network and the effectiveness of Our communications.
5.2 DISCLOSURE TO THIRD PARTIES
We may disclose Patients’ and Users’ data to third parties: (i) if this is necessary to pursue the purposes for which Patients and Users freely provided it to Us; (ii) if Patients and Users have previously consented to this; (iii) if the law permits or requires Us to do so (e.g. to allow coverage by a social insurance provider, at the request of a prescribing doctor, at the request of a judicial authority, to assert Our rights in court, or to recover a debt with the help of a debt-collection agency).
5.3 PAYMENT
When You use Our service provider Stripe Payments Europe Limited, We transmit to them the data necessary to process Your payment (identification information, transaction number, amount, etc.). They act in their capacity as both data controller and processor. By choosing this payment method, You accept their general terms of use as well as their privacy policy. To find out more about how they process Your data, We invite You to consult the privacy policy of Stripe Payments Europe Limited (https://stripe.com/fr-ch/privacy).
6. Data security and confidentiality
Although total security does not exist, We have implemented security measures (of a technical and organisational nature) in line with best practice, given the risks involved, to protect Patients’ and Users’ data against any accidental or intentional manipulation, loss, destruction, disclosure, or unauthorised access.
7. Your rights
In accordance with data protection legislation, Patients and Users have the right to be informed free of charge about the data recorded about them and, where such data appears inaccurate or incomplete, the right to have it corrected or deleted. They also have the right to object to the processing of data concerning them, subject to legitimate grounds justifying such processing. Patients may also exercise their rights under the Federal Act on Research involving Human Beings. Any Patient or User who wishes to exercise one of these rights may contact Us by writing to the following address: Holentis SA, Rue des Jordils 40, 1025 Saint-Sulpice (Switzerland). The Patient or User may also write to Us by email at: info@holentis.ch. We may ask the Patient or User to provide proof of identity.
8. Jurisdiction and applicable law
This Policy and any questions arising from or relating to it, as well as to the use of Our Site or Our Services, are governed by Swiss law, excluding conflict-of-law rules. You accept the exclusive jurisdiction of the courts at Holentis registered office.
9. Updates to Our Policy
We may update this Policy from time to time without notice. We will endeavour to draw Our Patients’ attention to any significant changes. If You have provided Us with Your email address, You will, where applicable, be informed of the new Policy by email. The new Policy will also be made available on the Site. Users are required to check the Policy and stay informed of any changes. Use of Our Services after a modification constitutes explicit acceptance of the changes, as does continued use of Our Site.