Terms of Use for the
lab&me app
Version 10.2024_01
The
lab&me app is provided by Sonic Suisse SSD SA, Avenue de la Gare des
Eaux-Vives 11, 1207 Genève (hereinafter referred to as «Sonic Suisse»). By
downloading, installing or using the lab&me app, you agree unconditionally
to be bound by all of the terms and
conditions set forth in the Terms
of Use in their current version.
1.
Object
The lab&me app is a
platform for mobile devices. It can be accessed via a smartphone or tablet and
offers patients the opportunity to consult laboratory results arising in
collaboration with a laboratory from the Sonic Suisse Group directly in the app.
Explanations and comments also help to understand laboratory results better.
The following data and information are provided to you via the lab&me app
in the “medical details” section:
(i)
results of
laboratory analyses (laboratory results) prescribed by your doctor after registration, in collaboration with a
laboratory from the Sonic Suisse Group. In addition, your doctor can give you
access to laboratory results prescribed by him one or two years prior to
registration. Laboratory results from other laboratories cannot be accessed via
the lab&me app.
(ii)
comments by
the laboratory concerning your laboratory results. This
information is marked with the following icon: microscope
(iii)
comments by your doctor
concerning your laboratory results. These comments
are marked with the following icon: stethoscope
(iv)
general
medical information, explanations and advice concerning your laboratory results
generated using artificial intelligence (AI). This
information is marked with the following icon: robot
In the «personal details» section you can also
record personal information, such as e.g. your height and weight or whether you
are pregnant.
In addition, you have
the option of transmitting medical information such as laboratory results to a
private email address (e.g. to your own email address).
You acknowledge that the lab&me app does not serve any
medical purposes. Medical data, such as e.g. laboratory results, information,
comments, explanations and advice, do not constitute diagnoses. A doctor must
always be consulted in order to make a diagnosis. The lab&me app is also
not suitable for the prevention, monitoring, prediction, prognosis, treatment
or alleviation of disease, injury or disability. You also acknowledge that
medical data will be made available to the doctor prior to transmission to the
lab&me app, and that your doctor may also delay or entirely prevent the
transmission of such data.
The data capacity
available on the lab&me app is limited to a total of 5GB. In addition, the
size of each file uploaded in any section may not exceed 10 MB. Sonic Suisse is
entitled at any time to set a limit on the total data volume or to change the
limit per uploaded file. In addition, Sonic Suisse may at any time amend,
adjust or cancel the sections mentioned above.
2.
Initial registration and access to the
lab&me app
You can register to use
the lab&me app if you:
-
are an
adult, capable of judgement and are not under deputyship, and
-
are
resident in Switzerland or the EU, and
-
have
received a personal registration code from your doctor. The lab&me app is
made available exclusively to patients of doctors who work with Sonic Suisse
laboratories.
Guardians and deputies
may register children or persons under a comprehensive deputyship in order to
use the lab&me app if
-
both of you
are resident in Switzerland or the EU, and
-
the
guardian/deputy has obtained a personal registration code from the child’s
doctor or the doctor of the person under deputyship. The lab&me app is made
available exclusively to patients of doctors who work with Sonic Suisse
laboratories.
The lab&me app is
available for free download in the iOS App Store and Android Google Play store.
Sonic Suisse provides the personal code to
the doctor when he registers you to use the lab&me app and enters your
smartphone number for registration. You acknowledge
that it is for your doctor to decide whether or not to issue a personal
registration code. The personal code is valid until the code is entered, but
for no longer than 30 days. After 30 days, registration with this code is no
longer possible and you must obtain a new code from your doctor. Registration
involves entering the personal code received from your doctor in the lab&me
app. A second code is then sent to you via SMS (text message) on the smartphone
saved by the doctor in his system at your request. Entering this second code
completes the registration process. Completing the registration process
concludes a contract between Sonic Suisse and you relating to use of the
lab&me app, and your lab&me account is opened. The next step involves
setting a username – consisting of an email address – and a password. You can
also register a fingerprint or your FaceID.
Now every time you
access the lab&me app via smartphone or tablet, to ensure data security you
must log in using one of the following four options:
-
username,
password and additional code sent via SMS (text message) to the registered
smartphone number; or
-
username
and password; or
-
fingerprint
or FaceID and additional code sent via SMS (text message) to the registered
smartphone number; or
-
fingerprint
or FaceID.
Use of the lab&me
app and access to your data is possible only if you are connected to the
internet. Offline use of the lab&me app is not possible. If you do not have
an internet connection, you will not have access to your lab&me account and
will not be able to access, enter or change data.
No new registration
through your doctor is required when using the lab&me app on a new device.
If an additional doctor
allows you to access the lab&me app, you can use your existing lab&me
account with the existing user credentials (see above). However, please note
that each doctor can only access data relating to his own treatment (see below
section 7).
3.
Your duty of care
For your own protection
and for the safe operation of the lab&me app, you must keep your access
data to the lab&me app secret. If any unauthorised third party gains
knowledge of your access data or you lose the access data or your device, you
must change the password immediately or have access to the lab&me app
blocked. You can change your password at any time using the «I forgot my
password» option. If you change your smartphone number, the new one must be
saved in the lab&me app. If you are unable to do this, you must contact the
support team so that your new number can be stored correctly.
Sonic Suisse takes all
reasonable and appropriate precautions to protect your data. Your devices,
however, are beyond Sonic Suisse's control. You are responsible for their
security and for backing up your data. It is your responsibility to keep up to
date with the latest security precautions and to take the appropriate safety
measures. Always protect your devices with a password or code. Protect the
lab&me app with a different password - one that is difficult for a third
party to work out. Change your password regularly. Always
keep the device's operating system up-to-date and close the lab&me app
after each time you use it. Delete the lab&me app if you sell or give your
device to another person.
Your doctor cannot read
the information you enter in the lab&me app. In addition, your doctor is
not informed whether or not you have accessed any medical details via your
lab&me app. Accordingly, it is your responsibility to personally provide your
doctor and emergency medical services with all the relevant medical details.
You acknowledge that your doctor, the emergency medical services or Sonic
Suisse cannot be held liable for knowledge of the data you have entered in the
lab&me app and any obligations resulting therefrom.
4.
Liability for unauthorised use
You agree to be liable
to, and fully indemnify, Sonic Suisse for all damages, inconvenience and costs
caused by the unauthorised use of the lab&me app by you or a third party.
5.
Termination due to non-compliance with the Terms
of Use
If you fail to comply
with these Terms of Use, your rights to use the lab&me app will terminate
immediately and automatically. You must immediately cease all use of the
lab&me app and destroy all copies of the lab&me app. Sonic Suisse is
also entitled in this event to irretrievably delete your data and block access
to the app without incurring liability for damages.
6.
Costs
Sonic Suisse provides you with the
lab&me app free of charge. However, Sonic Suisse is entitled to charge a
fee for use of the lab&me app at any time following prior notification.
Use of the lab&me
app and access to your data is possible only if you are connected to the
internet. You may therefore incur charges in accordance with the tariff of your
network provider if you use the internet and data is transferred between the lab&me
app and your devices. Your network provider's transmission fees may be high if
large volumes of data are involved.
7.
Changing doctor and additional doctors
In the event of a
change to a different doctor, you will retain access to your lab&me account
and the data stored on it. If the new doctor also works with Sonic Suisse
laboratories, he will also be able to use the lab&me app in relation to
your treatment. However, he will only have access to data relating to your
treatment by him. He will not have access to data relating to treatment by
other doctors. Your former doctor will continue to have access to data relating
to treatment by him, although not to data relating to treatment by the new
doctor. The same applies if you do not change doctor, but wish to use the
lab&me app with an additional doctor who works with Sonic Suisse
laboratories. This is also possible. However, each doctor will only have access
to data relating to your treatment that he initiated.
If your doctor does not
work with Sonic Suisse laboratories, he cannot use the lab&me app. This
means that any laboratory results prescribed by this doctor cannot be retried
via the lab&me app.
8.
Updates, support and deactivation
Sonic Suisse is
entitled, though not obliged, to update the lab&me app at its own
discretion. Sonic Suisse is not obliged to make the lab&me app available
for mobile telephones of a particular generation.
Sonic Suisse is not
obliged to provide support, repair or maintenance services in connection with
the lab&me app. However, functional issues and other messages can be
reported via the “contact Support” menu item. Sonic Suisse will
endeavour to respond as soon as possible.
Sonic Suisse may, at
any time without giving reasons and without prior notice, temporarily or
permanently deactivate the lab&me app or discontinue its operation. Sonic
Suisse also reserves the right not to maintain or make available legacy
versions of the lab&me app.
9.
Suspension of transmission to your account in
the lab&me app
Your doctor can suspend
the transmission of laboratory results and/or other information to your account
in the lab&me app at any time. Should this occur, you can still access and
consult in the lab&me app any data recorded prior to the suspension, but
you can no longer receive any further laboratory results and/or
information/comments from this doctor.
If you no longer wish
to use the lab&me app, you can delete the lab&me app. If you no longer
wish to receive new laboratory results or information through the lab&me
app, please contact your doctor. He can suspend transmission at any time.
10.
Data protection and access to data
The provisions of the current version of the privacy policy apply.
11.
Rights of use
All intellectual
property rights in connection with the lab&me app, in particular
copyrights, trade mark rights and design rights, are the exclusive property of
Sonic Suisse. Sonic Suisse grants you the right to use the lab&me app on
your smartphone and/or tablet for private, non-commercial purposes only. This
right is non-exclusive, personal and non-transferable. It can be revoked by
Sonic Suisse at any time.
You are not entitled to
use the lab&me app in any other way than provided for in these Terms of
Use. In particular, whether for payment or not, you are not entitled to
publicly show, sell, rent or lease, copy, modify, adapt, redistribute, change,
transmit, decompile, reverse engineer or disassemble the lab&me-App, obtain
the source code, or sublicense or assign your rights to the lab&me app to
third parties.
You undertake to upload
only truthful, correct and high-quality data and to keep a copy of the data
elsewhere than in the lab&me app to guard against its loss. You are not permitted to upload any unlawful, inappropriate or
immoral information or make it available to any other person. Sonic Suisse is
entitled, though not obliged, to irretrievably delete any incorrect, illegal,
inappropriate or immoral data without notice and to block access to the app
without incurring any liability for damages.
12.
Disclaimer of warranty
Sonic Suisse makes the
lab&me app available on an «as is» basis. You download, install and use the
lab&me app solely at your own responsibility, risk and expense. The
lab&me app is entirely excluded from any warranty.
In particular, Sonic
Suisse does not warrant that
-
the
lab&me app will be available at all times and will operate error-free and
without interruption, or that errors are corrected; or that
-
downloading,
installing or using the lab&me app will not cause any damage to the
hardware or other software or any loss of or damage to data, or attacks by
third parties, infection by malware (e.g. viruses) or other interference with
data security relevance (e.g. snooping or data modifications). You are solely
responsible for backing up your data.
The Sonic Suisse data
in the lab&me app is created with all due care and on the basis of the
current state of the art. Nevertheless, Sonic Suisse cannot guarantee the
data's accuracy, completeness, appropriateness or timeliness. In particular,
these contents are no substitute for advice from medical professionals and do
not under any circumstances constitute a medical diagnosis.
You yourself are
responsible for the accuracy and completeness of the data provided by you in
the «personal details» section. Sonic Suisse cannot assume any
responsibility or liability for this.
Your doctor or the
author of the data is responsible for the accuracy and completeness of the data
and comments lodged by your doctor in the «medical details» section.
Sonic Suisse cannot assume any responsibility or liability for this.
13.
Liability of Sonic Suisse
Sonic Suisse excludes
any liability whatsoever for damage or costs arising from or in connection with
the lab&me app, to the full extent permitted by law. In any case, liability for any damage and costs incurred
by you as a result of using the lab&me app is limited to a maximum of CHF
100.00. Liability for associates is excluded.
In particular, Sonic
Suisse shall not incur any liability for damage or other inconvenience or costs
resulting from the incompatibility of the lab&me app with your devices,
including hardware, operating systems, software, peripherals or networks.
Similarly, Sonic Suisse
shall not incur any liability in particular for damage resulting from a
subsequent limitation of the data volume, or from the unintentional deletion of
data or from the fact that the lab&me app cannot continue to be used by the
new doctor in the event of a change in doctor.
Sonic Suisse disclaims, to the fullest extent permitted by law, all liability for any data accessible via the
lab&me app. In particular, Sonic Suisse shall not incur any liability for
any acts or omissions occasioned by information in the lab&me app. Acting
on the information provided by the lab&me app is always at your own risk.
The data and information in the lab&me app do not constitute a diagnosis.
Usage of the content of the lab&me app cannot in any sense constitute a
substitute for specialist medical advice and cannot in any sense constitute a
substitute for a medical consultation. Moreover, your doctor and emergency
medical services are not obliged to read the data and information in the
lab&me app. Accordingly, neither the doctor nor Sonic Suisse shall incur
any liability on the grounds of knowledge of the data in the lab&me app and
any resulting obligations therefrom.
Accessing hyperlinks
provided in the lab&me app is also at your own risk. Sonic Suisse is not
liable for data security or for content provided on the websites of third
parties.
Sonic Suisse shall not
incur any liability for the availability of the lab&me app and any
resulting damage.
14.
Amendments to the Terms of Use
Sonic Suisse reserves
the right to amend these Terms of Use at any time. You will be notified of any
amendments made to these Terms of Use the next time you open the lab&me
app. The new terms will apply once you have accepted the amended Terms of Use.
If you do not accept the amended Terms of Use, you will no longer be able to
use the lab&me app.
15.
Applicable law and place of jurisdiction
Use of the lab&me
app is exclusively subject to Swiss law, to the exclusion of any conflict
of laws and the Vienna Convention (CISG). The courts of Lucerne shall have exclusive jurisdiction, subject to mandatory
legal provisions. However, Sonic Suisse can also
pursue a claim against you at your domicile.
Sonic Suisse SSD SA
Privacy Policy for the
lab&me app
Version 10.2024_01
16.
General
This Privacy Policy governs the processing
of personal data in relation to the lab&me app. Personal data means any
information relating to an identified or identifiable person. This includes for
example the person's name, postal address, telephone number, email address and
medical data. The Privacy Policy informs you how and why the data provided by
you are processed.
The lab&me app is provided by Sonic
Suisse SSD SA, Avenue de la Gare des Eaux-Vives 11, 1207 Genève (hereinafter
referred to as «Sonic Suisse»). Sonic Suisse
may change this Privacy Policy at any time. By downloading, installing or using
the lab&me app, you agree unconditionally to be bound by all terms and
conditions of the following Privacy Policy in its current version.
17.
Principles of data processing
Data protection is very important to Sonic
Suisse. Sonic Suisse complies with the applicable legal requirements and
processes data in a lawful and proportionate manner and in accordance with the
principle of good faith. In addition, all employees of Sonic Suisse are subject
to a duty of confidentiality.
18.
Purpose of data processing by Sonic Suisse
Data is processed for the purpose of
operating the lab&me app. Sonic Suisse can also use the data in the «medical
details» and/or «personal details»
sections in anonymised form for scientific research.
19.
Processing of personal data by you as a patient
a.
Your processing options
After successful registration, in the «personal
details» section of the lab&me app you
can enter data for your height, weight or a current pregnancy, and can also
alter or delete the data entered by you.
You acknowledge that all data on the Sonic
Suisse server will be irretrievably erased should you delete the data on the
lab&me app.
In addition, you have the option of
transmitting medical information such as laboratory results to a private email
address (e.g. to your own email address). It is possible that you may be
forwarding these data to an unsecured email address, which may be detrimental
to the protection of your data.
b.
Your duty of care
You yourself are responsible for the
accuracy and completeness of the data you provide. Sonic Suisse cannot assume
any responsibility or liability for this.
You hereby acknowledge that
-
when opening or downloading
documents that are available via the lab&me app, a copy may be made on your
mobile devices and that this copy may also be viewed without access to the
lab&me app and thus without additional password protection;
-
you are solely responsible for
data processing and data security in the event that data are stored outside the
lab&me app or that data are transmitted to an email address for data
processing. Sonic Suisse declines entirely any responsibility or liability;
-
Sonic Suisse takes all
reasonable and appropriate precautions to protect your data. Your devices,
however, are beyond Sonic Suisse's control. You are responsible for their
security and for backing up your data.
c.
Ability of Sonic Suisse and your doctor to process these data
All data entered by you are stored by Sonic
Suisse and may be consulted, altered or erased by system administrators from
the Sonic Suisse IT Department, where this is necessary for their work. Your
doctor cannot consult, alter or cancel the data entered by you.
20.
Processing of personal data by your doctor
a.
Options available to your doctor to process data
Your doctor can upload your laboratory
results to the «medical details» section of the
lab&me app and consult them there as well as commenting on your laboratory
results. However, your doctor is not obliged to enter any data.
The comments uploaded by your doctor are
marked with a stethoscope.
He can amend or cancel them at any time.
Your doctor or the author of the data
and/or comments is responsible for the accuracy and completeness of the data
and/or comments lodged by your doctor in the «medical details»
section. Sonic Suisse cannot assume any responsibility or liability for this.
b.
Options available to Sonic Suisse and your ability to process these
data
All data entered by your doctor are stored
by Sonic Suisse and may be consulted, changed or erased by system
administrators from the Sonic Suisse IT Department, where this is necessary for
their work. Any data entered by your doctor in the «medical details»
section can be consulted by you in the lab&me app. You acknowledge that
medical data, e.g. laboratory results, will be made available to your doctor
prior to transmission to the lab&me app, and that your doctor may also
delay or entirely prevent the transmission of such data.
21.
Personal data passed on by Sonic Suisse or your doctor
Sonic Suisse or your doctor may pass on
personal data in relation to lab&me to the extent described above. Sonic
Suisse also reserves the right to outsource data storage to third parties. Any
such parties are obliged to process the data exclusively on behalf of Sonic
Suisse and in accordance with the instructions of Sonic Suisse and must comply
with the applicable statutory provisions. Data are only disclosed to the
authorities or to governmental bodies where required by law or in response to a
court or administrative order.
Please note that any information from the «personal details»
and/or «medical details» sections may be made available in relation to
medical treatment to your doctor, Sonic Suisse laboratories or other healthcare
service providers independently from the lab&me app.
22.
Further information concerning data processing
a.
Recording of general information in relation to usage of the
lab&me app
Data logged during usage of the lab&me
app are normally recorded, such as e.g. the date and time, the sections
consulted, the OS version and the volume of data transferred. The data recorded
are used exclusively for the purpose of generating general statistical data
concerning usage of the lab&me app and in order to optimise the lab&me
app. These data are not published by Sonic Suisse or disclosed without
authorisation to any third parties.
b.
Support
If you contact Sonic Suisse through the «contact support»
section, your enquiry will be stored by Sonic Suisse in order to process it.
c.
Links to third parties and Google Maps
The lab&me app contains links to third
party websites and to Google Maps. Should you click on any of these links or
use Google Maps, Sonic Suisse declines any responsibility for the processing of
your personal data by these third parties. The privacy policies of the third
party providers apply.
d.
Notifications
Sonic Suisse may send you notifications
(such as useful information, the availability of new documents in the
lab&me app etc.) through the lab&me app.
23.
Suspension of transmission to your account in the lab&me app
Sonic Suisse only
stores your data for as long as is necessary in order to operate the lab&me
app or in order to comply with statutory retention periods.
Your doctor can suspend
the transmission of laboratory results and/or other information/comments to
your account in the lab&me app at any time. Should this occur, you will
still be able to access and consult in the lab&me app any data entered prior
to the suspension, but you will no longer be able to receive any further
laboratory results and/or information/comments from this doctor.
If you no longer wish
to use the lab&me app, you can delete the lab&me app. If you no longer
wish to receive new laboratory results or information through the lab&me
app, please contact your doctor. He can suspend transmission at any time.
Please note that any information from the «personal details»
and/or «medical details» sections may be made available in relation to
medical treatment to your doctor, Sonic Suisse laboratories or other healthcare
service providers independently from the lab&me app and may therefore also
be stored outside the lab&me app.
24.
Your consent
By downloading, installing or using the
lab&me app, you consent to the data processing described above by Sonic
Suisse and/or your doctor. You acknowledge that some of the data on the
lab&me app constitute data relating to health, and are thus particularly
sensitive personal data.
If you use the lab&me app outside the
European Economic Area (EEA), data may be processed in countries without an
adequate level of data protection. There is a risk that your data may be
consulted and/or used by third parties. In using the lab&me app outside the
EEA, you expressly consent to the transfer of data to a country without
adequate data protection.
25.
Your rights
You hereby acknowledge that
-
data processing by Sonic Suisse
in relation to the lab&me app is based on your consent and that you can
withdraw your consent to the processing of your data at any time;
-
-
you have the right at any time
to request the deletion of data processed by Sonic Suisse; Sonic Suisse will
irretrievably delete such data on the lab&me app, unless a statutory data
retention obligation applies;
-
the erasure of data from the
lab&me app will not prevent your doctor from being able to continue to
access your personal data outside lab&me in relation to medical treatment;
-
you are entitled to obtain the
restriction of processing;
-
should you request any
restriction of data processing or the deletion of data by Sonic Suisse, you may
not be able to use the lab&me app any longer;
-
you have the right to be
informed whether any personal data relating to you are being processed, and if
so which data, and to obtain confirmation of this information;
-you have the
right to obtain without undue delay the rectification of inaccurate data
concerning you or the completion of any incomplete data concerning you;
-you have the
right to receive the data concerning you in a structured, commonly used and
machine-readable format and to transmit those data to another person;
-you have the
right to lodge a complaint with the supervisory authority.
26.
Your contact person
If you would like to exercise any of the
rights mentioned above or have any questions or concerns relating to data
protection, please contact Support in the lab&me app through the «contact support»
section. You can also contact the Data Protection Officer of Sonic Suisse at dataprotection@medisupport.ch.
If your enquiry relates to data that have
been uploaded and/or processed by your doctor, we shall contact your doctor in
order to address your concern.
Sonic
Suisse SSD SA