1.1 The Visana Group (hereafter ‘Visana’) offers people who have taken out insurance with it (hereafter ‘users’) under IPA/VVG the option of participating voluntarily in myPoints using the smartphone app. The technical infrastructure of the myVisana customer portal is used for this. myPoints users benefit from various functions associated with general health promotion and specific customer loyalty.
1.2 myPoints is technically and organisationally linked to the myVisana customer portal.
1.3 By registering for and using myPoints, the user unconditionally acknowledges these terms of participation in their current form. They always have precedence over other general and specific conditions of the Visana Group or third parties.
1.4 There is no legal entitlement to access myVisana and myPoints. Visana may withdraw, block, suspend or interrupt access at any time and without stating reasons.
2.1 Access to myPoints is available to all users who are domiciled in Switzerland who
• are at least 12 years old (cf. section 2.2),
• have existing access to myPoints by virtue of actively holding insurance under IPA/VVG (apparent on
registration and interrupted if suspended, e.g. during a stay abroad),
• have an account in the myVisana online customer portal,
• have installed the associated smartphone app and
• use a fitness tracker app on their smartphone, the data from which can be synchronised with a current health and fitness platform. People with impaired health that precludes a more active or health-centred everyday lifestyle or which constitutes a personal risk (to be determined by a medical professional or doctor in cases of uncertainty) can ignore this last requirement and the sections below with associated content. They can use myPoints to gain rewards for their specific customer loyalty.
2.2 Family members can log in using the primary insured person’s (‘head of the family’s’) user ID. Family members who are eligible to participate can then be chosen when setting up the smartphone app. Responsibility for the proper use of the app by minor users aged at least 12 lies with the legal representative recorded with Visana.
2.3 By registering for and using myPoints, the user consents without reservation to these terms of participation for myPoints, the General Conditions for myVisana and those for the operating system of their device and the health and fitness platform installed on it.
2.4 Visana may supplement, modify or replace the above terms of participation, the features and the design at any time.
3.1 Registration is carried out in the free smartphone app and, for security reasons, will only work if the user already uses the myVisana customer portal (users can register at www.visana.ch/myvisana if they have not done so). Registering for myPoints involves the following steps:
• Log in with the user’s myVisana user ID.
• Choose the user (if there are several family members) and verify that the requirements for participation as set out in section 2 are fulfilled.
• Install a fitness tracker App such as Apple Health (iOS) or Google Fit / Health Connect (Android) from the relevant app store on a suitable device (if not already done) and ensure that data storage on a health and fitness platform has been activated.
• Synchronise myPoints with a health and fitness platform.
3.2 The user must be connected to the Internet in order to synchronise myPoints with a health and fitness platform and check their points total. Synchronisation involves the transfer of step and calorie data from the fitness tracker to myPoints.
3.3 Anyone who authenticates themselves in accordance with section 2 is deemed by Visana to be eligible to use myPoints and can perform all functions on behalf of the user. Furthermore, Visana has the right, at any time and without stating reasons, to reject the chosen actions and to insist that the user authenticate themselves by other means.
4.1 Each family member can collect points in the form of features associated with general health promotion and specific customer loyalty between January and December of the calendar year.
4.2 Collecting points through health-centred and general activity: Visana sources all related activity data from third-party sources and accepts no liability for the accuracy and correctness of this data. Activity data (steps and calories) is communicated to Visana by means of the operating system, the software and the health and fitness platform of the device used. Each user of a suitable device, such as iOS or Android users, can use these apps (subject to costs and restrictions imposed by third-party providers) and synchronise them with myPoints (cf. section 3).
4.3 Collect points by specific customer loyalty: Loyalty data is collected via the myVisana customer portal. This includes points for specific insurance products and for measures communicated in advance by Visana.
4.4 It is the user’s responsibility to synchronise their points for the calendar year no later than the end of January of the succeeding year, consult their total and request payment promptly, as well as to take account of communications that have been issued and any amendments to conditions.
4.5 Users may not acquire points for another customer (e.g. by deputyship, representation, etc.).
4.6 The user acknowledges without reservation all actions undertaken by means of myPoints. Similarly, all actions that reach Visana through this channel will be regarded as having been entered and authorised by the user.
5.1 Payment of the monetary value of points (one point is equivalent to 0.1 centime) can be requested individually and at any time from a sum of CHF 5.
5.2 Payment will be made to the Swiss bank or PostFinance account that Visana already holds on record. In the case of family contracts, payment will be made to the ‘head of the family’.
5.3 The previous year’s points total can be synchronised and updated up to the end of January of the current year (cf. section 4.4). After that, the previous year’s points will be “frozen”. However, the monetary value of the balance displayed in the app can still be paid out up to the end of the current calendar year. All entitlements and/or benefits will subsequently lapse. Visana is under no obligation to make customers aware of expiring points.
5.4 The user will be able to retroactively consult the payment data referred to in section 5 for a period of ten years. This applies even if entitlements or benefits arising from the app have lapsed, provided that myPoints is installed on a suitable device belonging to the user and is functional. However, a detailed history of points collected and received can only be consulted for the preceding calendar year.
5.5 Visana Wellness Cheques have no effect on the user’s entitlement to the monetary value earned from myPoints.
6.1 Smartphones and smartwatches (devices) use their motion sensors to provide data about the user’s activity. There may be gaps in this data if the user does not carry their smartphone on their person. The Google Fit and Apple Health apps generally function better and more reliably as a central storage facility for personal health data if paired with external devices (e.g. compatible wrist-worn fitness trackers and smartwatches – known as peripheral devices). myPoints uses this as the basis for determining the number of steps taken, and calories burnt, by the user. It also includes relevant activities and sports in its records.
6.2 myPoints is accessed via a digital network (e.g. the Internet). Despite state-of-the-art precautions, it is impossible to guarantee absolute security, either at Visana’s end or the user’s end. Responsibility for the security of devices lies solely with the user.
6.3 The user’s devices, network, fitness tracker apps (e.g. “Google Fit”) and a health and fitness platform do not form part of myPoints. These components are outside the actual, technical and legal control of Visana and may become a vulnerability. Despite taking all appropriate security precautions in accordance with the state of the art, Visana cannot assume any responsibility or liability for these components on the grounds of technical impossibility.
7.1 Step and calorie data are used for visualisation in myPoints and to calculate points. Data obtained from Apple HealthKit or Google Health Connect are expressly excluded from use for marketing or advertising purposes and are not shared with third parties unless essential for insurance tracking purposes. Step and calorie data collection is subject solely to the conditions of the health and fitness platform or the conditions of the suitable activity tracker app and device, which may involve data being processed in and shared with other countries. Visana has no control over the latter.
7.2 myPoints users have the right to assert their privacy rights at any time and obtain information about the data that Visana holds about them and processes, and to correct, add to or request deletion of this data. Users who wish to assert their rights to information, correction or deletion under data privacy legislation must send a message via the myVisana customer portal or send a written request to Visana Services AG.
7.3 Visana does not use myPoints to collect, process or synchronise sensitive personal data. Sensitive personal data from the insurance relationship between the user and Visana will only be processed where corresponding features are used and only then after the user has been specifically informed in advance and has given their express consent. The user may withdraw their consent at any time without stating reasons.
8.1 Information, software, design, brand names and documentation are protected by ownership and intangible property rights and may not be distributed or relinquished to third parties without Visana’s explicit written approval. Visana retains full ownership and all intangible property rights and rights of use. Other product and company names may be brands of their respective owner and are subject to that owner’s conditions.
8.2 Visana expressly and tacitly excludes and declines any liability arising from myPoints unless prohibited from doing so by law. In particular, Visana accepts no liability for the correct editing and processing of data synchronised by the user, for the interruption-free operation of myPoints, for fault rectification and troubleshooting within a reasonable period, for the functionality and compatibility of the user’s device or peripheral devices, and for the potential direct or indirect consequences to the user or third parties of general health promotion or the use of myPoints. Visana support staff will be totally exempt from any liability.
8.3 Visana accepts no liability arising from access to myPoints (cf. section 6.2) for direct or indirect damage resulting from transmission errors, technical faults, disruptions, unlawful interference in telecommunication facilities, overloading of transmission networks, malicious or negligent obstruction, or complete blocking or electronic access by third parties, general interruptions or other deficiencies unless prohibited from doing so by law.
8.4 myPoints may, as a courtesy, include hyperlinks to websites that are not operated or maintained by Visana and which have no direct or indirect reference to Visana. Use of such websites is at the user's own risk. Visana cannot be held accountable or responsible for reviewing or assessing these websites. Furthermore, these websites do not necessarily reflect the opinions of Visana. Visana accepts no liability or responsibility in general or for the content of such websites, and in particular for their accuracy, completeness and accessibility.
9.1 Visana may use appropriate channels to send users communications connected with myPoints.
9.2 Visana reserves the right to promote its own services or the services of partners or third parties on myPoints. These services do not constitute binding offers and Visana is free to turn down offers on the part of the user without stating reasons.
9.3 Visana may analyse myPoints use to create anonymised evaluations, particularly for the purpose of continuously optimising and modifying the customer portal and to improve its user-friendliness.
10.1 Both parties have the option of withdrawing access to myPoints at any time without stating reasons and without giving notice.
10.2 If, in the following year, changes are made to the terms of participation for myPoints, this does not give rise to any entitlement to cancel insurance held with the Visana Group.
10.3 Visana reserves the right to block or withdraw access to myPoints at any time and without prior notice. This applies particularly if evidence of security loopholes or misuse is found.
10.4 If the user no longer fulfils the conditions for participation, as set out in section 2, their access to myPoints will be terminated after 180 days. These changes will be communicated in advance and in a suitable way.
11.1 These provisions are available in several languages. In the event of discrepancies, the German version is binding.
11.2 There is no charge to the user for the use of myPoints. The user bears any costs associated with the digital network access, device, etc. needed to use myPoints.
11.3 Offsetting from myPoints is mutually excluded.
11.4 Visana has the right to modify these terms of participation at any time. Such modifications will be presented to the user in electronic form and must be accepted to permit further use of myPoints. If the user does not do so, their current points total will be “frozen”. However, the monetary value of the balance displayed in the app can still be paid out up to the end of the current calendar year. All entitlements and/or benefits arising therefrom will subsequently lapse.
11.5 These terms of participation for myPoints are subject to Swiss law. The sole place of jurisdiction for matters arising from myPoints is the headquarters of Visana Services AG, Weltpoststrasse 19, 3000 Bern 16, subject to mandatory statutory provisions.