Special Conditions for BENEVITA

 

I. General

1.1 Contractual relationship

These "Special Conditions for BENEVITA" ("BENEVITA Conditions") govern the relationship between SWICA Healthcare Insurance Ltd, Römerstrasse 37, 8400 Winterthur ("SWICA"), which also acts on behalf of SWICA Insurances Ltd, Römerstrasse 38, 8400 Winterthur, and the user of the BENEVITA application ("User").

The BENEVITA Conditions govern the rights and obligations of the above parties in connection with the use of the BENEVITA application ("BENEVITA"), as well as those of SWICA with regard to the use of BENEVITA. These BENEVITA Conditions also contain information on matters such as application, responsibilities and data processing relating to the use of BENEVITA.

1.2 Declaration of consent

The use of BENEVITA requires express prior acceptance of the BENEVITA Conditions. By accepting these BENEVITA Conditions, the User confirms his or her agreement to their content. This also includes consent to the data processing procedures arising in this context, the manner in which data is processed and any transfer of such data to mandated third parties or abroad. Consent is given on the occasion of the first login and remains active until revoked. If consent to individual data processing operations is revoked, further use of BENEVITA may be excluded.

1.3 Relationship with other provisions

The BENEVITA Conditions supplement the "General Terms and Conditions for SWICA Online Services" ("T&Cs"), which can be accessed here. SWICA's Data Protection Declaration also contains additional information regarding data processing in connection with the insurance contract. The BENEVITA Conditions supersede the Data Protection Declaration and the T&Cs unless individual provisions of the BENEVITA Conditions explicitly stipulate that the Data Protection Declaration and/or T&Cs take precedence.

1.4 Additions and amendments

The BENEVITA Conditions can be supplemented, modified or replaced in accordance with Section 2.2 of the T&Cs. Information about any changes will be provided via BENEVITA and will not require Users to give renewed consent to the BENEVITA Conditions. This does not apply to changes to the purposes for which data is processed, which do require Users' consent.

1.5 Distributor of BENEVITA

SWICA is the distributor of BENEVITA, and responsible for offering individual discounts on premiums. SWICA is the primary and direct point of contact for all questions and problems relating to BENEVITA. Alternative BENEVITA offers are voluntary benefits provided by SWICA Management Ltd to SWICA customers. SWICA is responsible for managing alternative BENEVITA offers on behalf of SWICA Management Ltd. SWICA manages the content of the BENEVITA app and the various offers contained within it.

1.6 Operator of BENEVITA

The server-side software for BENEVITA is hosted and operated on behalf of SWICA by bitforge Ltd., Zeughausstrasse 39, 8004 Zurich.
The data is stored electronically by bitforge Ltd.'s hosting partner Google Firebase, Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland. Bitforge Ltd. provides the technical infrastructure, and operates BENEVITA on the technical side. This means that bitforge Ltd. ensures the secure operation and regular maintenance and upkeep of the platform. SWICA has concluded a contract with bitforge Ltd. that regulates the cor­responding client/provider relationship.

1.7 Licence rights

The User has the right to install BENEVITA on his or her mobile devices. The User obtains BENEVITA from the app store for the relevant operating system. SWICA grants the User a non-exclusive and non-transferable right to use BENEVITA and the information and documentation made available within it to the extent and for the purposes set out in Section II. SWICA may withdraw this licence at any time without giving any reasons and/or completely discontinue the operation of BENEVITA. There is no right to the granting or perpetuation of this licence.

1.8 Intellectual property rights

All rights to and in connection with BENEVITA, including copyright and trademark rights, remain with SWICA or the relevant third-party licensor of SWICA. By using BENEVITA, the User acquires no rights to the information, documentation and software provided and made available. Any manipulation, modification (including add-ons or changes for the User's own purposes) or copying, as well as further distribution of the software or parts of the software of BENEVITA, constitutes an infringement of the intellectual property rights and is prohibited. This also applies to any use for advertising or comparison purposes in connection with the provision of commercial services.

II. BENEVITA

BENEVITA is a mobile application that was developed for mobile end devices. Anyone can download BENEVITA and install it on their mobile device. Participation in the BENEVITA bonus programme (the “Bonus Programme”) is subject to the provisions set out below.

The Bonus Programme allows people insured by SWICA ("Insured Persons") to complete challenges on the subjects of exercise, nutrition and wellbeing, record activities, and submit their steps and/or active minutes by linking to a fitness tracker provided in the app or a different health app in order to collect points and/or community coins.

Points and community coins collected in this way can be redeemed from 1 September until 31 August of the subsequent year, after which they expire and are reset to zero for the start of a new BENEVITA year (which runs from 1 September until 31 August). By redeeming points, Users can positively influence their premiums for the COMPLETA TOP/COMPLETA FORTE and HOSPITA supplementary insurance plans (not including HOSPITA GENERAL). In the following, "HOSPITA" always refers to HOSPITA excluding HOSPITA GENERAL. SWICA may incorporate additional premiums and offers ("Offers"), as well as other activities, into the Bonus Programme at any time.

III. Use of BENEVITA

3.1 Territorial area of use of BENEVITA

BENEVITA was designed exclusively for use in the territory of Switzerland. The use of BENEVITA via mobile networks or internet connections outside the territory of Switzerland is at the User’s own risk. In this context, SWICA explicitly points out that use of BENEVITA may be subject to the law of the country in which the User is located at the time of use. The User alone is responsible for complying with the relevant rules and regulations. SWICA offers no guarantee that the offers and services provided via BENEVITA can be accessed outside Swiss territory.

3.2 Users

BENEVITA is available to all residents of Switzerland aged 18 or over.

3.3 Obligations on the part of Users

The use of BENEVITA is free of charge. The BENEVITA health platform offers the following range of services:

• Editorial content on matters related to health, exercise, nutrition, wellbeing and prevention, as well as information on leisure activities
• The facility for Users to enter their own exercise, nutrition and wellbeing-related activities
• The facility to link to fitness trackers and health apps. The fitness trackers and health apps currently available are shown in BENEVITA.

 

BENEVITA may only be used for private purposes intended by BENEVITA. Commercial use of BENEVITA, or use other than for the stated purposes, is not permitted.

No content that can execute undesirable or harmful functions (such as computer viruses, worms or trojans) may be sent to or via BENEVITA.

If abusive, indecent or otherwise offensive content is uploaded to BENEVITA, SWICA may exclude the User from any further use of BENEVITA. Unlawful acts of any kind (such as submitting fake data) will be prosecuted in all cases.

The publication or sharing of content and works which are protected under intellectual property law or other copyright or contract law is prohibited. If SWICA establishes that the User is sharing such works or content on BENEVITA, SWICA expressly reserves the right to take legal action. Further use of BENEVITA by the User will be prevented in such cases. In this case, the User shall hold SWICA absolutely harmless from claims asserted by third parties against SWICA due to the violation of said rights by the User.

IV. Requirements for participation

4.1 Use of BENEVITA and participation in the Bonus Programme

BENEVITA can be used by anyone, irrespective of whether they participate in the Bonus Programme. However, SWICA reserves the right to show certain content only to persons insured by SWICA who also participate in the Bonus Programme. No SWICA account is required to use BENEVITA without the Bonus Programme.

The following criteria must be met in order to participate in the Bonus Programme:

• The User must be a resident of Switzerland aged 18 or over.
• The User must have or take out at least one of SWICA's three supplementary insurance products (COMPLETA TOP, COMPLETA FORTE and/or HOSPITA).
• The User must create a SWICA account.
• The User must download and install the BENEVITA application (BENEVITA is only available for mobile devices, and can be obtained from the App Store (for iOS) or Google Play Store (for Android)).
• The User must meet the conditions for enrolment in mandatory health insurance in accordance with the Swiss Federal Health Insurance Act (KVG).
• Children and young adults up to the age of 18 can benefit from the Bonus Programme's discount (please refer to Section 4.2) only if one of their parents is also a member.

 

4.2 BENEVITA discount for children and young adults

Children and young adults who also have COMPLETA TOP/COMPLETA FORTE and/or HOSPITA supplementary insurance benefit from the discount levels of the parent who participates in the Bonus Programme. If both parents participate in the Bonus Programme, the discount of the main contact person shall be applied in cases of joint insurance contracts. If there is no joint insurance contract, the discount of the parent to whom the child or young adult in question is assigned is applied.

After their 18th birthday, young adults must register independently for BENEVITA (the registration requirements and periods set out in Section 4.4 apply) and collect points in order to continue benefiting from the Bonus Programme. Provided the young adult registers in good time, he/she will benefit from an introductory discount of 5% for COMPLETA TOP/COMPLETA FORTE and 10% for HOSPITA in the subsequent year (1 January to 31 December). If neither parent participates in the Bonus Programme, the young adults will benefit from the aforementioned introductory discount in the year of their 19th birthday, provided they have registered in time. They can then start collecting points. However, the Insured Person benefits from their parents' discount on premiums until the end of the calendar year, and only thereafter from the post-registration introductory discount.

4.3 Login process for BENEVITA

By downloading and installing BENEVITA on his or her mobile device, the User declares that he or she has read and accepts these BENEVITA Conditions. If the User does not accept the BENEVITA Conditions, he or she can simply choose to stop accessing BENEVITA.

Once they accept the BENEVITA Conditions, the User is granted an individual, indefinite licence (exception: Section 1.7) to use BENEVITA as governed by these BENEVITA Conditions.

The User may terminate this licence without notice at any time by deleting BENEVITA from his or her mobile device. At any time, SWICA may withdraw individual BENEVITA services, or discontinue or modify BENEVITA itself without compensation.

If the User also participates in the Bonus Programme, the provisions of Section 4.7 f. apply with respect to termination.

4.4 Registration for the Bonus Programme

To participate in the Bonus Programme, Users must download and install BENEVITA (see Sections 4.1 and 4.3). Registration for participation in the Bonus Programme takes place after a SWICA account has been created and the BENEVITA Conditions have been accepted in BENEVITA. If BENEVITA is not downloaded and installed and/or no SWICA account is created, it is not possible to participate in the Bonus Programme.

Existing Insured Persons who would like to join the Bonus Programme and have taken out COMPLETA TOP/COMPLETA FORTE and/or HOSPITA supplementary insurance plans can register for the Bonus Programme directly in BENEVITA, provided a SWICA account has been created.

If existing Insured Persons register in BENEVITA by 31 March, they receive the introductory discount of 5% for COMPLETA TOP/COMPLETA FORTE and 10% for HOSPITA for the year in progress (1 January to 31 December). If this deadline is missed (i.e. the User registers after 31 March), the Insured Person shall not be granted the introductory discount until 1 January of the following year. If the User registers after 31 March, earned points and community coins cannot be redeemed before the redemption deadline of 31 August.

Applicants or existing Insured Persons who have not yet taken out COMPLETA TOP/COMPLETA FORTE and/or HOSPITA supplementary insurance must complete the relevant supplementary insurance application form and send it to the relevant SWICA agency by post or email.

These new customers can register for BENEVITA by 31 March, and receive the introductory discount of 5% for COMPLETA TOP/COMPLETA FORTE and 10% for HOSPITA for the year in progress. If this deadline is missed (i.e. the User registers after 31 March), the Insured Person shall not be granted the introductory discount until the following year. If the User registers after 31 March, earned points and community coins cannot be redeemed before the redemption deadline of 31 August.

SWICA shall reach a decision on whether to accept an Insured Person into the Bonus Programme after reviewing the acceptance criteria in accordance with Section 4.1 of these BENEVITA Conditions.

4.5 Points and community coins

There is a cap on the number of points that can be earned. No more than 200 points can be earned each week by completing activities (challenges, recording activities, logging steps and/or active minutes via the fitness trackers provided in the app and other health apps). It is also possible to earn a further 30 bonus points. This makes a weekly maximum of 230 points. Each point has a value of 0.01 Swiss francs.

An unlimited number of community coins can be earned by completing activities. Community coins can be donated to charitable projects, along with those of other BENEVITA Users. The value of the community coins in Swiss francs may vary between projects, as it depends on how many community coins are in circulation.

4.6 Discounts from the Bonus Programme

In order to participate in the Bonus Programme and benefit from discounts, it is necessary to complete activities in BENEVITA that earn points. Earned points can be redeemed to receive a discount on the premiums for the COMPLETA TOP/COMPLETA FORTE and/or HOSPITA insurance products (please also refer to Section II).

Insured Persons must decide by 31 August whether they would like to get a discount on their premiums or receive vouchers. The Insured Person confirms his or her choice of benefit (discount on premiums or vouchers) in the app. Subsequent requests to change this decision cannot be accommodated.

All points and community coin totals are reset to zero on 1 September.

The discounts on premiums that are claimed by redeeming points as of 31 August determine the amount of the discount. The amount of the discount is determined by the number of points earned. Customers with HOSPITA plans must unlock all three discount levels in order to benefit from the best possible discount. This corresponds to a total of 2'500 points. COMPLETA TOP/COMPLETA FORTE customers only need to unlock the first discount level to benefit from the maximum premium discount. This means collecting a total of 300 points.

If the Insured Person participating in the Bonus Programme is insured under a group medical expenses contract, the discounts are applied in addition to the existing group discount. However, the maximum possible discounts are limited to 10% for COMPLETA TOP/COMPLETA FORTE and 30% for HOSPITA.

If the discount claimed in BENEVITA exceeds the maximum discount, the redeemed points cannot be reimbursed.

The option of a combined discount with FAVORIT SANTE was added to the Bonus Programme on 1 January
2024. The bigger discount (group or SANTE) is calculated first, and the BENEVITA discount is then added. The maximum discount is 10% for COMPLETA TOP/COMPLETA FORTE and 30% for HOSPITA. This new rule applies to both existing and new customers.

The discount is first applied on 1 January of the year following the year in which the User creates a SWICA account and registers in a timely manner for BENEVITA (in accordance with Section 4.3).

4.7 End of the discount entitlement

The entitlement to a discount under the Bonus Programme automatically ends, along with the right to claim digital vouchers, when the corresponding supplementary insurance plan (COMPLETA TOP/COMPLETA FORTE and/or HOSPITA) is terminated in accordance with the provisions of the insurance contract (effective as of the termination date).

If the Insured Person deactivates his or her SWICA account, the discount will lapse with effect from the following month. This does not give rise to an extraordinary right to terminate the supplementary insurance in accordance with the Insurance Policies Act (VVG).

4.8 Right of termination

The retroactive increase in premiums due to the loss of the discount – triggered by a failure to register or the passing of the redemption deadline – does not give rise to a right to terminate the supplementary insurance in accordance with the VVG.

If the discount entitlement (based on the number of points earned and the discount levels unlocked as a result) changes in the following year, this shall not give rise to a right to terminate the supplementary insurance.

4.9 Leaving the BENEVITA Bonus Programme

If an Insured Person does not wish to participate in the Bonus Programme or wishes to leave it, they can notify SWICA of this in writing by email or letter. The Insured Person will be removed from the Bonus Programme on the basis of this written request and will receive an updated policy without the BENEVITA discount. The entitlement to a discount from the Bonus Programme and the right to claim digital vouchers will automatically lapse from the month following removal from the Bonus Programme.

SWICA will also exclude the Insured Person from the Bonus Programme if the Insured Person does not accept the prevailing version of the BENEVITA Conditions or the Insured Person has failed to claim the BENEVITA discount in the last three years. Following exclusion, the Insured Person will receive an updated policy without the BENEVITA discount. The entitlement to a discount from the Bonus Programme and the right to claim digital vouchers lapse automatically upon removal from the Bonus Programme (as of the date of removal).

V. Data protection and data processing

Protecting personal data is a top priority for SWICA. SWICA takes all necessary technical and organisational measures to protect data against unauthorised access and processing. These measures are reviewed, tested and adapted regularly to ensure the highest level of data protection at all times. SWICA always complies with all statutory provisions on data security and on protecting sensitive personal data.

5.1 Data categories

By using BENEVITA, the User expressly agrees that the data categories defined in these BENEVITA Conditions may be processed.

• The anonymised IP address of the device used
• The operating system of the device used (iOS, Android, etc.)
• The volume of data transferred
• The name of the internet service provider (e.g. Swisscom, UPC, Sunrise, etc.)
• The date and time of access
• Technical data such as which articles were read, what content was accessed how often, etc.
• An anonymised version of the SWICA user ID, which can only be de-anonymised by bitforge Ltd., and the insurance number
• Which version of the GTC the User most recently accepted
• Which version of the app the User has installed
• Whether the User is entitled to claim benefits (discounts on premiums or vouchers)
• What challenges the User has completed
• What challenges the User has saved using the "Mark" option
• How many points and community coins the User has in his or her account, and how many have already been redeemed/donated
• Which of their own activities the User has entered
• What premium discounts and/or vouchers the User has redeemed
• By voluntarily linking a health app or fitness tracker, the number of steps and active minutes are tracked and the name of the linked health app or fitness tracker is registered.

 

The User decides which data categories to enter and share in BENEVITA. SWICA recommends that Users should NOT enter any sensitive data (such as health data, including diagnoses and symptoms, or financial problems) in BENEVITA.

5.2 Purpose of data processing

The data is processed for the following purposes:

a. The administration of the Bonus Programme
This involves the processing of data that is necessary for the administration of the Bonus Programme. Specifically, this includes: information on the Insured Person/policyholder (surname, first name, date of birth, insurance number, insurance cover and email address), insurance contract data, and actuarial information and data relating to the electronic transmission of data to and from bitforge Ltd. Users who are insured by SWICA and participate in the Bonus Programme disclose their use of BENEVITA to SWICA. This means that a SWICA account must be created in order to participate in the Bonus Programme. The Insured Person's data is also processed in order to calculate and apply the discounts on the premiums.

b. Customer communication
The processing of data for customer communication purposes includes

• responding to user-initiated messages;
• providing, managing and implementing customer communication via electronic means;
• business communication via phone, email, voice mail, text messages (SMS), push notifications, video messages or instant messaging. The User has the option of deactivating or activating the delivery of push messages to their device (within the app) at any time.

 

c. Analysis, user behaviour and security
SWICA collects technical data (log files) to enable the tracking of the data entered and processed in BENEVITA, to simplify processes and make use of findings from the analysis of user behaviour, and to contribute to the continuous improvement of BENEVITA and improved user security. The technical user data is collected in anonymised form and evaluated for statistical purposes. It does not contain any personal information about the User. Every instance of access to BENEVITA is logged by SWICA and stored anonymously for SWICA. It is not possible for SWICA to attribute the access to an individual User.

The data collected does not allow SWICA to draw any conclusions about the User as an individual person and is stored in aggregated form for an unlimited period of time.

d. Fitness trackers and measuring achievement
SWICA does not have any insight into or knowledge of whether the User has linked a health app or fitness tracker to BENEVITA. By applying to participate in the Bonus Programme, the Insured Person undertakes to release the data (results from activities) for execution and performance assessment within the framework of the Bonus Programme and in compliance with these data protection provisions.

e. Marketing
SWICA may process personal data across all online services (BENEVITA, mySWICA, website and so on) to carry out marketing activities, on the basis of a legitimate interest. SWICA defines marketing activities as conducting market research and providing comprehensive support, advice and information on the range of services offered; preparing and providing customised services (e.g. advertising in print and online media; holding cultural events and events for customers or prospective customers, sponsorship activities; conducting surveys on customer satisfaction and future customer needs and behaviour; and evaluating the potential of customers, markets or products).

f. Profiling
To improve the service, SWICA may, with the User's consent, process personal data relating to the use of online services across all online services (BENEVITA, mySWICA, website etc.). This may result in the creation of user profiles, which help SWICA to provide personalised offers to the customer.

5.3 Processor and data processing outside Switzerland

Data entered into BENEVITA is stored electronically at Google Firebase, bitforge Ltd.'s hosting partner. By using BENEVITA, the Insured Person agrees that his or her data may be transferred to Google Firebase. With regard to the contractual basis between bitforge Ltd. and Google Firebase, please note the applicable and publicly available provisions of Google Firebase: https://policies.google.com/privacy. The possibility that data will be transmitted to third countries such as the United States of America (USA) cannot be ruled out.

Personal data is only disclosed to third parties with the User's consent. Consent is given to the disclosure of the data to Google Firebase by using BENEVITA. Neither SWICA nor bitforge Ltd. can access the data that the Insured Person enters in BENEVITA.

5.4 Data transmission

Data is transmitted from Users to the infrastructure on which BENEVITA is operated via public networks (e.g. the mobile phone network and the internet). The provider protects data transmitted via these networks using state-of-the-art measures. SWICA has no influence over the protective measures in question.

5.5 Data storage

The data is stored in professionally operated data centres in Switzerland or the European Union.

5.6 Retention periods

Data is stored for the period specified in Section 9 of the Data Protection Declaration. The following specific provisions also apply to BENEVITA:

Deletion of account by User: If the User deletes his or her account/progress, the following data is immediately deleted in the application:

• Completed and marked challenges
• Activities carried out, as well as the dates on which they were carried out
• The name of the linked fitness tracker or health app, the number of steps and active minutes per week, and the number of points earned per week
• A range of user status information such as the accepted version of the T&Cs, the version of the app used and the extent to which the User is entitled to a discount on his or her premiums.

 

Data in the account, benefits and donations sections is not deleted. This includes:

• The number of points earned per week
• Claimed discounts on premiums
• Claimed digital vouchers
• Donations made per donation project

 

If the User wishes to completely delete his or her data, he or she must request this by sending an email to datenschutz@swica.ch.

Deletion of SWICA account by the User: If the SWICA account is deleted, all data is lost. The discount is no longer applied to the premiums with immediate effect. The data in the SWICA account is preserved if only the BENEVITA application is deleted.

Termination of insurance: Once participation in the Bonus Programme has been terminated, the data is kept and deleted in accordance with statutory provisions. However, the data will be kept for a maximum of ten years after the insurance policy expires.

5.7 User rights

Users can assert their rights to their personal data in the context of data processing at any time. SWICA can restrict such rights or reduce them to a minimum only if it has a legal obligation or a legitimate interest in doing so. These rights can be applied for by means of a written request, including a copy of an official identity document. Such requests must be addressed to SWICA Healthcare Organisation, Data Protection, Römerstrasse 38, 8400 Winterthur, or sent via email to datenschutz@swica.ch.

5.8 Users' duty of care

The User is personally responsible for his or her device.

The data used to access BENEVITA must be kept secret and protected against misuse by unauthorised persons. Passwords should not be written down or stored in an unprotected form on a device.

The User is responsible for ensuring the requisite level of security on his or her device. The User is responsible for the consequences of any unauthorised use of data downloaded from the BENEVITA app.

SWICA accepts no liability for any loss or damage suffered, including consequential loss or damage.

SWICA uses technical means to keep BENEVITA virus-free. Despite SWICA's best efforts, complete protection against malware cannot be guaranteed. Consequently, Users should take measures for their own protection (such as using a virus scanner) before downloading information, software and documentation.

VI. Concluding provisions

6.1 Changes to the BENEVITA Conditions and discounts on premiums, and termination of the Bonus Programme

SWICA reserves the right to amend these BENEVITA Conditions and its services and offers in connection with the Bonus Programme at any time and without giving reasons. In this context, SWICA may review and adjust the discount on premiums at any time based on the development of costs. SWICA can also change the number of points and community coins awarded for each activity, and their equivalent value in Swiss francs, at any time.

Finally, SWICA can end the Bonus Programme at any time, without giving any reasons.

Changes to, or the ending of, the Bonus Programme will be announced to the User in advance by suitable means (in-app push notification).If the User does not accept the changes, he or she can delete BENEVITA at any time and/or terminate his/her participation in the Bonus Programme.

6.2 Communications

All communications to SWICA relating to the administration of the Bonus Programme must be in writing. SWICA shall communicate with the policyholder in writing using the email address it has on file, and shall also provide information using notices in BENEVITA (in-app push notifications) if they have been activated.

6.3 General instructions

The information provided in BENEVITA may pertain to health. It should never be used as a substitute for advice from a doctor or any other form of medical advice or treatment. On no account should the suggestions provided to the User by BENEVITA be considered binding or interpreted in any way as medically relevant advice, and no independent diagnoses, consumption of medication or attempts at treatment should be carried out on the basis of information or analyses.

6.4 Severability clause

If any provision of the BENEVITA Conditions should be or become ineffective, this shall not affect the effectiveness of the remaining provisions.

6.5 Disclaimer

SWICA endeavours to ensure the proper operation of BENEVITA. However, it does not guarantee that the platform will be error-free and available at all times.

In researching and disseminating information, SWICA exercises the due diligence customary in the industry. However, SWICA excludes, to the extent possible under the law, responsibility for information that can be accessed in BENEVITA. In particular, SWICA does not guarantee that this content is correct, up to date and complete or suitable for a particular purpose. This does not apply to information of a binding (e.g. quotes) or contractual nature.

The User is aware that BENEVITA is offered via the internet, an open network that anyone can access. Despite the use of state-of-the-art security technologies, there can be no guarantee of absolute security, either on SWICA's side, the User's side or in the context of data transmission.

To the extent possible under the law, SWICA rejects all liability for direct or indirect damage which the User may suffer in connection with any use of BENEVITA. In particular, this includes damage incurred as a result of slight or moderate negligence, the use of information or analyses, damage caused by transmission errors, technical problems, interruptions, disruptions or unlawful acts by third parties.

Furthermore, SWICA excludes liability for any third-party services provided via BENEVITA.

If the User links his or her fitness tracker or a health app to BENEVITA, the provisions of the provider of the applications in question may be applicable. SWICA assumes no liability in this regard, and explicitly draws the User's attention to the fact that SWICA has no influence on these applications or on their terms and conditions and data protection provisions.

6.6 Applicable law and place of jurisdiction

All legal relationships between SWICA and the User are subject to Swiss law, excluding private international law and international conventions.

If the User participates in the Bonus Programme, the place of jurisdiction is determined by the general insurance conditions of the supplementary insurance contract that has been taken out.

If the User does not participate in the Bonus Programme, Winterthur ZH shall be the exclusive place of jurisdiction.

09/2024