General Terms and Conditions (GTC) mySympany

1. Introduction

mySympany offers users various services, such as: submitting receipts, receiving documents, making changes, writing messages, etc. These GTC govern the contractual relationship between the user and Sympany (Vivao Sympany AG, Sympany Versicherungen AG and Sympany Services AG) relating to the use of mySympany.

2. Right of access

_2.1     Access to mySympany is generally available to all insured private customers and other authorised persons over the age of 18. However, Sympany is free to decide whether to conclude a user agreement. There is no entitlement to access mySympany.

_2.2     The user agreement enters into force when Sympany issues the user a login password for mySympany and the user accepts these GTC by registering. The user acknowledges that they understand and agrees that Sympany cannot control who receives and uses this initial password. The user alone is responsible for supervising the receipt and use of this initial password. The user must change their initial password the first time they log in.

_2.3     If other family members are insured under the customer number assigned to the user, the provisions under Section 5 apply.

_2.4     Users accept the GTC when they register for mySympany.

3. Technical access

Technical access is gained via the Internet via the user’s chosen Internet provider. The user must have a web browser version and/or an operating system version that is supported by Sympany. If a web browser version is used which Sympany does not support or no longer supports, the user may potentially not or only partially be able to use mySympany. It is at Sympany’s discretion to decide which web browsers and/or web browser versions are supported.

4. Authorisation of individuals

_4.1     The user will receive an initial password by post after taking out an insurance contract (new customers) or after registering (existing customers). The user can access mySympany for the first time with this password and their customer number. 

_4.2     The user must change this password when they first log in to mySympany. We recommend that users change their password on a regular basis.

_4.3     Access to mySympany is personally linked to the user and is non-transferable. The user may not pass on the access data to unauthorised third parties.

_4.4     The user must successfully log in if they wish to access their data via mySympany. Sympany considers anyone who identifies themselves in mySympany with their login details to be entitled to use mySympany. If there are reasonable doubts as to the identity of a registered person, Sympany may reject enquiries and applications that have a legal effect on the insured person or may verify the person’s identity again. If the identity of the person making the enquiry does not match the identity of the authorised person, Sympany cannot process the enquiries without the appropriate power of attorney.

_4.5     Sympany is entitled to change the means of authentication and the authentication procedure at any time.

5. Authorisation of family members

_5.1     In the case of family policies (several family members on one policy), access to mySympany shall generally be assigned to the customer number of the person listed in Sympany’s main system as the ‘main policyholder’. The main policyholder generally acts on their own behalf and on behalf of their family members. When setting up the account, the main policyholder and their family members confirm on behalf of themselves and any minor children as their legal representative that the main policyholder is entitled to represent the family members with regard to this user agreement. During the term of the agreement, the main policyholder is authorised to view the data, including sensitive personal data (e.g. data relating to health), of the family members and to act in their name and on their behalf. If the main policyholder makes changes for other family members via mySympany or instructs someone else to do so, they must first have obtained the consent of the data subject. If the data subject is a minor, the consent of all parents or legal guardians must be obtained. Sympany may assume that the main policyholder has obtained the necessary consents.

_5.2     In addition to instructing the main policyholder, adult family members have the option of setting up their own access to mySympany with limited functions. The main policyholder’s access to the comprehensive mySympany portal, as described in Section 5.1 above, remains unaffected. Use of the limited mySympany portal is governed by the same provisions as described here. The features and services offered may vary. Sympany reserves the right to amend the features and services at any time.

_5.3     Sympany considers whoever is authorised in the way described above to be entitled to use mySympany and the services available there.

_5.4     Consent to data access can be withdrawn at any time by telephone, in writing or via the online form “policy split”. Sympany will then split a policy in its main system. This means that separate invoices, etc. will be issued in future. If the family member withdrawing from the family wishes to have their own personal access to mySympany, they must conclude their own new user agreement.

_5.5     New family members can be added at any time.

6. Costs

Concluding this user agreement and using mySympany are free of charge.

7. Correspondence

The user receives documents electronically in their mySympany inbox and no longer receives documents by post, provided they have either agreed to this in their insurance application, registered with mySympany after signing the insurance application or selected the relevant option in mySympany. This excludes documents which must be sent by post for legal or technical reasons. The user is responsible for taking note of policies, premium invoices, payment reminders, reminders, benefit statements and cost overviews for tax returns, etc., and for meeting their financial obligations towards Sympany. The restricted access for adult family members in accordance with section 5.2 has no impact on the correspondence settings described here; the settings in the main policyholder’s mySympany portal account remain authoritative.

8. User’s due diligence

_8.1     The access data must be kept confidential, is personal and non-transferable, and must be protected against misuse by unauthorised persons. In particular, passwords must not be written down or stored on an unsecure electronic device. The user is responsible for any consequences resulting from the unauthorised use of the login details.

_8.2     If it is suspected that unauthorised persons have obtained the login details, the user must change the password immediately and contact Customer Services (+41 58 262 42 00) to request that Sympany block access to mySympany. The same applies if the user loses the device they have used to log in to mySympany.

_8.3     The insured person is obliged to check their documents in mySympany on a regular basis.

_8.4     The user must save any changes to their residential address or e-mail address, bank account details and any other personal data on mySympany immediately. Correspondence from Sympany is sent to the residential address or e-mail address recorded in the system in accordance with the law.

_8.5     If the user downloads documents from mySympany to their electronic device, they are responsible for ensuring appropriate security themselves. As soon as a document leaves the secure domain of mySympany, Sympany is no longer responsible for keeping it secure.

_8.6     After using mySympany, the user is obliged to log out of mySympany properly using the logout button.

_8.7     The user is obliged to use suitable security measures (strong password, biometric identification, etc.) and, if necessary, separate user accounts to prevent unauthorised third parties from gaining access to the device.

_8.8     By using the scan function, the user agrees not to violate common decency (e.g. by uploading inappropriate photos), not to commit any violations of the law (e.g. infringement of copyrights or other property rights), not to transmit any content containing viruses or other malware, or not to manipulate any functions or recorded data. 

_8.9     Sympany is entitled to block access to mySympany at any time and without justification in the event of violations of these GTC and in cases of misuse. Whether a case of misuse exists is determined at Sympany’s sole discretion.

9. Security information

mySympany is accessed via the Internet. Data is exchanged between Sympany and the user via an open network accessible to the public. Although data is shared between Sympany and the user via an encryption protocol, senders and recipients are not encrypted. It is therefore possible to trace whom an Internet user has contacted and when. Sympany has no control over whether and how the Internet provider analyses the data flow. Data may be transferred abroad without being controlled, even if the sender and the recipient are in Switzerland. Even if the security measures on the device are up to date, total security can never be guaranteed. The user is asked to take particular note of the following risks involved in using mySympany: it is easier for unauthorised persons to access customer data if the user does not know enough about the system or if their device does not have adequate security measures. The risk of a third party gaining access to the user’s device unnoticed while they are using mySympany cannot be ruled out. The user is therefore obliged to protect their device by installing up-to-date security programs and software updates. We also recommend that users do not use mySympany when connected to a public Wi-Fi network. To prevent unauthorised access, users are advised to log out of mySympany properly using the logout button after each use.

10. Responsibility

_10.1     Sympany makes every effort to ensure that the information in mySympany is correct and up to date. However, as this information may be subject to sudden changes, Sympany cannot make any guarantee with regard to the up-to-dateness, completeness and accuracy of the information. For binding information, please refer to our offers, applications, policies and the applicable terms and conditions of insurance.

_10.2     Sympany assumes no liability for the accuracy and completeness of the information and data available via mySympany. Sympany also assumes no liability for damages incurred by the user arising from technical defects, delays, interruptions to operations or other disruptions when transferring and/or processing data (including disruptions relating to the network operator). Sympany excludes all liability to the extent permitted by law. Sympany is in no way liable for indirect damages and consequential damages, in particular loss of earnings, damages resulting from downloads or damages to reputation.

_10.3     The user is responsible for technical access to mySympany. They must therefore also ensure that the security technology and software on their device are up to date. In particular, they are responsible for securely storing documents downloaded from mySympany to their own device.

11. Data protection and analysis of web behaviour

_11.1     Sympany’s Data Protection Declaration applies to the processing of personal data in connection with the use of the mySympany customer portal and the mySympany app. 

_11.2     Sympany undertakes to comprehensively implement and comply with legal data protection requirements and to further develop its data protection on an ongoing basis.

_11.3     When using the services in accordance with section 5 of these GTC, the following points must be observed in particular: The main policyholder has access to all data and documents that can be retrieved via mySympany, including sensitive personal data. The main policyholder can also view the details of the minor and adult family members included in the family policy. When the family member reaches the age of majority, Sympany will inform them that they can withdraw consent for the main policyholder to view their data at any time. 

_11.4     More detailed information on web analytics/tracking and data protection as well as information on our data protection officer pursuant to Art. 10 Federal Data Protection Act (FADP) and Art. 37 et seq. GDPR can be found on Sympany’s website under Legal notice.

12. Marketing and external partners

_12.1     Sympany reserves the right to include adverts for its own or third-party products or links to third-party websites on mySympany. 

_12.2     Sympany also refers to third-party websites and contact channels in mySympany if this is indicated under the insurance contract (e.g. initial medical contact). 

13. Blocking access

In the event that security risks are identified, Sympany reserves the right to temporarily block access to mySympany in order to protect customer data. Any instructions issued before this point in time remain unaffected by this and shall be fulfilled.

14. Processing

Sympany determines the processing times for instructions. Sympany reviews incoming instructions and reserves the right to reject entire instructions or parts thereof.

15. Features of mySympany

_15.1     The features of mySympany depend in part on the insurance contracts concluded with Sympany. Furthermore, not all insurance contracts can be displayed in mySympany, which means that some features are unavailable in certain cases. 

_15.2     mySympany does not claim to cover all available change or contract options and may not include every process or possibility that could be available for a particular request.

_15.3     Sympany recommends that you contact customer service directly if you have any questions or wish to use an option that is not available and that you consult the general terms and conditions of insurance applicable to the relevant contract and the special terms and conditions.

16. Changes to the terms and conditions and adjustments to mySympany

_16.1     Sympany reserves the right to amend these GTC at any time. Users are notified of adjustments in the appropriate way. The new terms and conditions apply from the time the notification is issued and/or the next time the user logs in to their mySympany account.

_16.2     Sympany also reserves the right to modify the features on mySympany at any time.

17. Terminating the user agreement

_17.1     Both the insured person and Sympany may cancel the user agreement at any time without giving the reasons for doing so and without adhering to a notice period.

_17.2     The user agreement ends when the insurance relationship between the user and Sympany is terminated. 

_17.3     Sympany is entitled to terminate or block access to mySympany if it has not been used for a period of more than one year.

18. Further conditions

Sympany’s General Terms and Conditions of Insurance and the Special Terms and Conditions of individual insurance products as well as the Data Protection Declaration and legal information set out in mySympany and Sympany’s website also apply.

19. Jurisdiction and applicable law

This agreement is subject to Swiss law. The place of jurisdiction is Basel.

20. Interpretation

The German version of these Terms and Conditions of Insurance is the original. The versions in English, French and Italian are translations. In case of discrepancies, the German version shall prevail.