Data security

I. PURPPOSE OF THIS PRIVACY POLICY

This Privacy Policy refers to the use of any sort of personal data within the meaning of the Swiss Data Protection Act (FADP), and, if applicable, of the General Data Protection Regulation of the European Union (GDPR).

Please note, that this Privacy Policy may be subject to changes from time to time.

II. YOUR PARTNERS

The present website is operated by Medgate Holding AG, Dufourstrasse 49, 4052 Basel, Switzerland. UID: CHE-100.977.444

Medgate Holding AG shall be referred to as the service provider (the "SP") for the purposes of this privacy policy.

III. BASIS OF DATA PROCESSING

The SP will process your personal data based on the following grounds:

• For the protection of vital interests of the respective SP (see art. 6 para. 1 lit. f GDPR, if applicable). If you have any queries as to the vital interests concerned, please refer to the contact below;
• For the fulfilment of legal obligations. Particularly with regard to health insurance legislation, and any medical storage requirements (see art. 6 para. 1 lit. c, if applicable);
• Based on your explicit consent, if deemed necessary by applicable laws (see art. 6 para. 1 lit. a, if applicable).

IV. PURPOSES OF DATA PROCESSING

The SP may process your personal data for the following purposes:

• For the purpose of mandatory record keeping, and for archiving purposes;
• In order to contact your health insurer for insurance-related purposes.
• In order to inform you about news, including the realisation of marketing measures, that could be of interest for you;
• For the secure and stable operation of this website;
• For the improvement of the services provided by the relevant SP.

V. COLLECTION AND STORAGE OF PERSONAL dATA AS WELL AS THE NATURE AND PURPOSE OF THEIR USE

When visiting our website

When you visit our website, the browser used on your device automatically sends information to our website’s server. This information is stored temporarily in a ‘log file’. The following information is collected without your intervention and stored until it is automatically deleted:

• Name of the retrieved file
• Date and time of retrieval
• Amount of data transferred
• Message indicating whether retrieval was successful
• Description of the type of web browser used
• Operating system used
• Page you visited previously
• Service provider
• Your IP address

We process the above data for the following purposes:

• to ensure a straightforward connection to the website,
• to ensure convenient use of our website,
• to evaluate system security and stability, and
• for further administrative purposes.

The legal basis for data processing is Art. 6 Abs.1 S. 1 lit. f) DSGVO (DGPR). Our legitimate interest is a consequence of the purposes listed above, i.e. data collection. In no case will we use the collected data to draw conclusions about your person. We also use cookies as well as analytical and marketing services during a visit to our website. For more information, please refer to section VI of this privacy policy.

VI. COOKIES

On our website, we typically use "cookies" and similar technologies through which your browser or your device can be identified. A cookie is a small file which is sent to your computer or is automatically stored on your computer or mobile device by your browser when you visit our website. This way we can recognise you if you visit the website again, even if we don’t know who you are. In addition to cookies which are only used during a session and are erased again after you have visited our website ("session cookies"), cookies can also be used to store user settings and other information ("permanent cookies") for a specific period (e.g. two years). You can, however, set up your browser so that it rejects cookies, only stores them for a session, or erases them early. Most browsers are preset to accept cookies. We use permanent cookies to store your user settings (e.g. language) and so that we can better understand how you use our products and their content. If you disable cookies, certain features (such as language selection) could stop working.

We use Google Analytics and Google Tag Manager on our websites. These are services provided by third parties which could be located in any country on earth (in the case of Google Analytics, this is Google LLC in the USA), and through which we are able to measure and analyse the use of our website (no personal data is recorded). Permanent cookies placed by the service provider are also used for this purpose. The service provider receives no personal data from us (and does not retain any IP addresses), but it can track your use of the website, combine this information with data from other websites you have visited, and which are also tracked by the service provider, and use this insight for its own purposes (e.g. managing adverts). If you are registered with the service provider, the service provider will also know who you are. The processing of your personal data is then the responsibility of the service provider in accordance with their privacy policies. The service provider only tells us how our website is used (none of your personal information is disclosed).

VII. YOUR RIGHTS

Applicable data protection laws provide for a variety of rights in favour of the data subject. However, please note that the type and extent of such rights may vary depending on the data protection regime effectively applicable to you:

• Information: You have the right to request information about which of your personal data is being processed by the respective SP, and how it is being processed. Please feel free to file a request for information.
• Rectification: If your personal data, which is being processed by the respective SP, is somehow inaccurate, you may request for the rectification of such personal data.
• Withdrawal of consent: Your personal data will usually not be processed solely based on your consent, without any connection to a contractual relationship. However, if that were the case, you might withdraw your consent at any time. Please note that such withdrawal shall only be effective for the future, and that such withdrawal shall not affect any processing activity which may be based upon further grounds.
• Right to object: You might object to any data processing which is based upon the protection of vital interests of the respective SP, if you find yourself in a particular situation which justifies such withdrawal. However, please note that possible overriding interests of the respective SP may remain reserved. Furthermore, you have the right to object to any processing of your personal data for direct marketing purposes. However, please note that your objection shall not affect any processing activity which may be based upon further grounds.
• Restriction: Under certain circumstances, you may have the right to request that the processing of your personal data shall be restricted. This might be the case if you doubt that your personal data are accurate. Please be advised that such restriction may limit or prohibit the further provision of the Foundation's or the SP's services.
• Data portability: If provided for by applicable law, you have the right to request that your personal data, which you provided to us, will be handed out to you in the form required by law. In this case, you may also wish to pass such data on to a new controller. However, overriding, conflicting interests may remain reserved.
• Right to erasure: See point 9 hereinafter.
• Complaint: Depending on the data protection regime applicable to you, you might be eligible to lodge a complaint with the competent data protection authority, if you feel that your personal data is not being treated adequately.

VIII. OTHER RECIPIENTS OF YOUR PERSONAL DATA

The respective SP may engage auxiliary persons (particularly other members of the Medgate Group) when processing your personal data. This may particularly be true as far as commercial/administrative services, or IT-services are concerned. Such auxiliary persons will process your personal data on behalf of the respective SP, and they shall be bound by the medical secrecy and the applicable data protection requirements the same way as the Foundation or the respective SP are.

X. PLACE OF DATA PROCESSING

Your personal data will usually be processed in Switzerland. However, particularly the provision of telemedical services may take place from abroad. Any transborder data flow shall be limited to countries with data protection laws that are found to be equivalent to Swiss data protection standards, or where specific guarantees exist. If you have any queries relating to that, please refer to the contact below.

IX. ERASURE / RETENTION PERIODS

Generally speaking, we delete your personal data upon completion of the contract, or when the purpose for which it was gathered has ceased to exist. If you legitimately object to the processing of your personal data, or if you withdraw your consent, we shall delete your personal data. However, the processing of your personal data for compulsory statutory reasons, for the exercise or enforcement of legal claims, and for the defence against any claims shall remain reserved.

The SP shall retain your personal data in each case for as long as deemed necessary for the fulfilment of the contract for medical treatment. However, statutory retention periods, particularly those provided for by public healthcare law, or by insurance law, as well as internal record keeping measures shall remain reserved.

Website

The content of the website ‘/’ is in no way a substitute for personal medical consultations or treatment. Medgate recommends that all visitors to the website consult a physician if they have a medical concern. It is also unwise to start, change or discontinue any treatment independently or without consulting a physician.

The content of the website ‘/’ is not a suitable basis for making an independent diagnosis or selecting a form of treatment. Medgate accepts no direct or indirect responsibility for any injuries or health concerns that may arise from the use or misuse of the information.

The authors of the Medgate website have taken care to ensure that any information on applications, medications or dosages corresponds to the current state of knowledge. However, the authors can give no absolute guarantee for this. Please note that information on medicines does not constitute an endorsement. Each dosage or application is carried out at the user’s own risk.

Medgate’s webpages may contain direct or indirect links to third-party websites, but it cannot accept responsibility for the content or legitimacy of their webpages. This applies to all links and references in Medgate’s own website as well as to entries by third parties in Medgate’s guest books, discussion forums, social media accounts and mailing lists.

Disclaimer of liability and rights

This disclaimer of liability is to be regarded as an integral part of Medgate’s Internet services, which refer to this page. Insofar as parts or individual phrases of this text are not, no longer, or not completely legally valid, the content and validity of the remaining parts of the text remain unaffected.

All rights to the contents of this website are vested in Medgate or are indicated by an appropriate reference to the source. The authors have made every effort to respect the copyright of the graphics, audio files, video clips and texts presented on the website, or to use appropriate copyright-free material. All brands and trademarks referred to on this website and possibly protected by third parties are subject without restriction to the provisions of applicable trademark law and the ownership rights of the respective registered owner. Reproduction or other use (in particular commercial use) of such graphics, audio files, video clips and texts in other electronic or printed publications is only permitted with the explicit written permission of Medgate or its authorized representatives.