Terms of Service
These Terms of Service govern your use of WINGS Health, our website located at https://www.wings-health.com, and any related services provided by WINGS Health AG.
When you create a WINGS Health account or use WINGS Health, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by WINGS Health AG.
We, WINGS Health AG, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on Oct 18, 2021.
Limitations of Use
By using WINGS Health and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer WINGS Health or any materials and software contained within WINGS Health or on our website;
remove any copyright or other proprietary notations from WINGS Health or any materials and software contained within WINGS Health or on our website;
transfer WINGS Health or any of its associated materials to another person or “mirror” the materials on any other server;
knowingly or negligently use WINGS Health or any of its associated services in a way that abuses or disrupts our networks or any other service WINGS Health AG provides;
use WINGS Health or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use WINGS Health or its associated services in violation of any applicable laws or regulations;
use WINGS Health to send unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use WINGS Health or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials in WINGS Health and on our website are owned by or licensed to WINGS Health AG. You may download WINGS Health, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by WINGS Health AG at any time.
You give us permission to download and install updates to WINGS Health on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting WINGS Health from your device.
WINGS Health and the materials in WINGS Health and on our website are provided on an 'as is' basis. To the extent permitted by law, WINGS Health AG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall WINGS Health AG or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use WINGS Health, our website, or any other services provided by WINGS Health AG or the materials in WINGS Health, even if WINGS Health AG or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in WINGS Health or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, WINGS Health AG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in WINGS Health or on our website, or otherwise relating to such materials or on any resources linked to WINGS Health and our website.
WINGS Health AG has not reviewed all sites linked to WINGS Health or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by WINGS Health AG of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your WINGS Health account and right to use WINGS Health and these Terms of Service immediately for any breach of these Terms of Service. We may do so without prior written notice, especially if your account does not contain any contact information.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of Switzerland. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
WINGS Health AG (hereinafter also referred to as “WINGS”) is aware that the security of your private information from the use of our mobile application is an important concern. We take the protection of your personal data very seriously. Personal data means any information which may lead to your identification (hereinafter “Personal Data”). This Privacy Statement explains which data we collect and how we use and protect the data collected. This Privacy Statement applies to any Personal Data that we process.
The constant development of the internet and mobile technologies requires occasional adjustments to this Privacy Statement. We retain the right to make changes when necessary.
1. Information about WINGS Health
WINGS Health is an online platform from WINGS. Owner of the mobile application WINGS Health is:
WINGS Health AG
‘Personal Data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. Data Controller and Contact Details
The Controller of your Personal Data is: WINGS Health AG.
Please contact WINGS Health AG with any problems, questions or suggestions that you may have.
WINGS Health AG
E-Mail: [email protected]
4. Collection of Data
You need to create a personal profile in order to use our mobile application. Mandatory information that needs to be provided is:
Your name, birthday, country of residence and ZIP code
The language that you want to receive content in
Your medical conditions
You can optionally choose to opt in to
Collection of anonymous, technical performance data to help improve the app (statistical data about functions used, time spent in the app, crash logs, etc.)
Collection of anonymous statistical information based on your personal profile
Personalized offers from third parties
Regarding the Personal Data actively provided by you, we rely on technical and organizational means to assure that applicable data security regulations are followed.
5. Processing of Personal Data / Transfer of Personal Data
The processing of your Personal Data is generally carried out by the Controller in European data centers. An updated list of parties contracted by WINGS may be requested from the Data Controller at any time. We will retain control of and responsibility for the use of any Personal Data processed by us.
Some of this data may be stored or processed at computers located in other jurisdictions, such as the United States, whose data protection laws may differ from the jurisdiction in which you live. In such cases, we will ensure that appropriate protections are in place to require the data processor in that country to maintain protections on your Personal Data that are equivalent to those that apply in the country in which you live.
This applies mainly to the application’s authentication system, which makes use of Google’s services to verify authentication credentials. During authentication, your phone number, IP and browser type may be visible to Google. However, none of your profile data is shared with Google. Authentication and profile data resist on physically and logically isolated systems without any means of communication.
In case you have questions relating to your Personal Data and potential transfers of your Personal Data and the protections taken connected to such transfers please do not hesitate to send an e-mail to the Controller of your data: [email protected]
Your Personal Data will not be passed on by us or by our agents/data processors for use by third parties in any form whatsoever, unless you have explicitly consented or we are legally obliged/entitled to do so.
6. Purposes of Use
The Personal Data that you actively provide us with will only be used for the purpose for which you provide such data i.e. to enable you to use the features of our mobile app.
All purposes which are not immediately linked to enabling you to use the app require explicit consent from you and include only the optional points listed in “Collection of Data”.
Evoleen uses technical and organizational security precautions to protect your Personal Data from manipulation, loss, destruction or access by unauthorized persons. Our security procedures are continuously revised based on new technological developments.
8. Right of Access to, Rectification, Erasure or Restriction of Processing, Right to Object to Processing, Right to Data Portability
You have the right to request from the Controller (1) access to and (2) rectification or (3) erasure of your Personal Data or (4) restriction of processing of your Personal Data as well as you can (5) object to the processing of your Personal Data. In addition, you have (6) a right to data portability. Just send an e-mail to the Controller of your Personal Data: [email protected] or contact the Controller at the address as set forth above under the section 3. ‘Data Controller and Contact Details’.
9. Right to Withdraw Consent at Any Time
You have the right at any time to withdraw your consent to the processing of your Personal Data for the future. For clarifications sake such withdrawal will, however, not affect the lawfulness of processing based on consent before its withdrawal. Again, just send an e-mail to the Controller of your Personal Data: [email protected] or contact the Controller at the address as set forth above under the section 3. ‘Data Controller and Contact Details’.
10. Data Retention
We only retain Personal Data for as long as is necessary for us to render the service you have requested or to which you have given your consent, or to fulfill the purposes as set out in this document except where otherwise provided by law (e.g. in connection with a pending litigation). You have at any time the right to request the Data Controller to suspend or remove your Personal Data. Again, just send an e-mail to the Controller of your Personal Data: [email protected] or contact the Controller at the address as set forth above under the section 3. ‘Data Controller and Contact Details’.
11. Right to Lodge a Complaint with a Supervisory Authority
If you are based in the EU you have in addition the right to lodge a complaint with a supervisory authority in case you do not agree with the processing of your Personal Data.
12. Changes to this Privacy Statement
WINGS reserves the right to make changes to this Privacy Statement at any time. It is strongly recommended to check this document often and consider the date of the last modification listed at the bottom of this document. If you disagree with the use of your Personal Data set out in this Privacy Statement you should quit using our mobile application and can send a request to the Data Controller to suspend or remove your Personal Data. Just send an e-mail to the Controller of your Personal Data, [email protected] or contact the Controller at the address as set forth above under the section 3. ‘Data Controller and Contact Details’.
BY PROVIDING PERSONAL DATA TO US AND BY USING OUR MOBILE APPLICATION, YOU CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY STATEMENT.
Last updated: October 15, 2021