Consent to data processing

You are about to subscribe to the services and products offered by the company DomoHealth SA. These guarantee you increased safety in your daily life and allow you to receive personalized health follow-up from your network of health professionals and caregivers.

In order to be able to offer you this service, information is transmitted, processed and stored by DomoHealth AG. If you have chosen to do so, information from sensors installed in your home is transmitted and processed.

In accordance with our privacy policy and in accordance with the European General Data Protection Regulation (GDPR), we would like to inform you about the use we make of your data, your rights in relation to it and obtain your consent to the collection and processing
of this data.


What data do we process and why?


In order to offer these services, in particular the detection and notification of emergency situations and health monitoring by a licensed professional, as well as to enable administrative management, e.g. invoicing, we collect and process the following data:

  • Your personal data – surname, first name, address, telephone number, etc.
  • Data from the products and sensors installed in your home – e.g. information that the call tag has been pressed, information about the movement, but also technical data, such as the serial number of the devices, etc.
  • Information about your activities of daily living as well as any information about your health that you have provided to us, either directly or through your health network.
  • Information about your first responders and caregivers, who to contact in case of emergency.


Accessing and sharing your data


To be able to provide you with the services described, professionals must have access to some of your data in a nominative manner:

  • Your health partners (home care, primary care physician, coordinated care network, etc.).
  • The remote assistance platform (emergency alarm centre).
  • Your installation partner (e.g. regarding the addresses for installation).
  • The technical, maintenance and administrative team of DomoHealth SA and its partners.


These partners are subject to professional secrecy, and only receive access to the information necessary to carry out their task. They are committed to treating your data with the utmost confidentiality.


Access may be granted to other people, e.g. your caregivers. In this case, you will be asked for your explicit consent.


We continuously improve our products and participate in research and analysis projects, in collaboration with universities and other public and private institutions. In this context, your

domo.health | EPFL Innovation Park, Building D, 1015 Lausanne, Switzerland | +41 58 800 58 00 | info@domo.health data, duly anonymised, may be shared with these partners for the purposes of analysis and improvement of the service, or in order to offer you products adapted to your needs. Your surname, first name and address will never be shared in this context, unless you explicitly authorize you.


Your rights


You may at any time request a copy of your data, request the rectification of incorrect data and, within the limits of DomoHealth SA's legal obligations, request the deletion of your data. In order to exercise these rights, please contact DomoHealth SA by e-mail at privacy@domo.health or by post at DomoHealth SA, EPFL Innovation Parc Bâtiment D, 1015 Lausanne, Switzerland.


Our Commitment


We understand the sensitive nature of the information you entrust to us and the trust you place in us. We are committed to continuously implementing technical and organisational solutions to ensure the protection of your data, in accordance with the rules of the trade.
Our employees and partners are committed to treating your data at all times with respect and confidentiality in order to earn your trust.

Samsung policies, terms and conditions (for domo.go product only)


1.  POLITIQUE DE CONFIDENTIALITé DE SAMSUNG – POINTS ESSENTIELS (fr)


Chez Samsung Electronics, nous avons conscience de l’importance de la confidentialité pour nos clients. Nous voulons nous assurer que vous comprenez comment nous collectons et utilisons vos données personnelles sur tous les appareils et services Samsung, des appareils mobiles et tablettes jusqu’aux téléviseurs, appareils électroménagers, services en ligne, et plus encore.
Bien que la présente Politique de confidentialité s’applique à tous nos services, si cela s’avère nécessaire, nous communiquerons des informations supplémentaires sur la confidentialité de services spécifiques.

https://www.samsung.com/ch_fr/info/privacy/

1.  ZUSAMMENFASSUNG DER SAMSUNG DATENSCHUTZRICHTLINIE (de)


Samsung Electronics weiss, wie wichtig der Datenschutz für unsere Kunden ist. Wir möchten sicherstellen, dass Sie verstehen, wie wir Ihre personenbezogenen Daten auf den Geräten und in den Diensten von Samsung erfassen und nutzen, vonMobiltelefonen und Tablets bis hin zu TV- Geräten, Haushaltsgeräten, Onlinediensten und anderen Geräten und Diensten.
Diese Datenschutzrichtlinie gilt für all unsere Dienste. Bei Bedarf bieten wir jedoch auch zusätzliche Informationen über den Datenschutz im Zusammenhang mit bestimmten Diensten.

https://www.samsung.com/ch/info/privacy/

 
 
2.  SAMSUNG KNOX PRIVACY POLICY (ONLY en)


Samsung Electronics Co., Ltd. (Data Controller) (“Samsung”) knows how important privacy is to its customers and their employees and partners, and we strive to be clear about how we collect, use, disclose, transfer and store your information. This Privacy Policy provides an overview of our information practices with respect to personal information collected through Samsung Knox with commercial customers or other services that link or refer to this Privacy Policy (collectively, the « Business Services »).


This Privacy Policy may be updated periodically to reflect changes in our personal information practices with respect to the Business Services or changes in the applicable law. We will indicate at the top of this Privacy Policy when it was most recently updated. If we update the Privacy Policy, we will let you know in advance about changes we consider to be material by placing a notice on the Business Services or by emailing you, where appropriate.

https://www2.samsungknox.com/en/privacy-policy-eu

 
 
3.  END USER LICENSE AGREEMENT (ONLY en)


This end user software license (« License ») allows you to use software (« Software ») made available on Samsung’s developer portal (developer.samsung.com) subject to the terms of the License. This License is a legally binding agreement between you and Samsung Electronics. Co. Ltd. (« Samsung ») with its registered office at 416, Maetan-3Dong, Yeongtong-Gu, Suwon-City, Gyeonggi-Do, Korea 443-742.

https://developer.samsung.com/end-user-license

4. Legal notice (only EN)


To use the Samsung location service, anonymous location data will be sent to Samsung.

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

General Terms of Sale (GTS) Lausanne, November 2023

Principles To ensure a secure environment for vulnerable individuals,DomoHealth Inc. ("DH") offers a range of intelligent alert systemsfor use in living spaces (homes, residential facilities, etc.) or outdoors(e.g., alarm buttons, connected bracelets, etc.) (the "Products")combined with health and activity analysis services that identify risksituations and notify authorized individuals (family, friends, and caregivers)(the "Services").

DH may entrust the marketing of its Products and Services to CertifiedPartners (“CP”). CPs may agree on additional services with the user (“you”).

The detailed general terms below (the GTS) govern the contractualrelationship between you and DH. If you have acquired DH's services through acertified partner, these general terms also apply to the contractualrelationship between you and DH.

DH offers various packages and methods of service delivery which may varydepending on the acquired devices, included features, and associated services.

  1. Your Status

You warrant that you have the authority to enter into and perform the contract which constitutes a valid and binding obligation on you, enforceable according to its terms.

  1. Contract Conclusion

The order binds the customer as soon as it is placed on the website https://www.domo.health or via the order form. DH accepts the order either by sending the customer an order confirmation or by delivering or handing over the ordered merchandise. If you disagree with the GTS, please refrain from placing an order.

DH reserves the right to modify the GTS at any time without prior notice, by publishing a new version of the GTS on the Site (which cancels and replaces the existing version). Any order placed after DH publishes a new version of the GTS constitutes acceptance of this new version. Provisions of the GTS relating to the use and/or operation of the Site apply only to orders placed via the Site.

The sale is accepted – and therefore the contract is concluded – from the moment DH, directly or through a CP, confirms the order to you. DH reserves the right to decline an offer at its sole discretion, without being required to state reasons.

  1. The Services (“Service”)

For these Services where DH grants you the right to access and use its Service, through your personal computer, mobile phone or other access device, it is granted for private and non-commercial purposes only and subject to your strict compliance with the agreements binding you to DH. Other individuals or entities can utilize the DH Service, but only if they have your consent and all the legal permissions to do so.

DH may at any time, without notifying you, make modifications to the Service that enhance, according to DH's assessment, said Service and/or are necessary to comply with regulatory or legal requirements. While DH will strive to provide the Service with minimal disruption, DH is not accountable for the execution of third-party services with whom DH collaborates to deliver itsService. As a result, DH does not guarantee that its Service will consistently operate without disruption, delay, or other imperfection.

For its home safety Services, DH recommends you maintain daily contact withthe respondents who are registered and participating in DH's Service.

DH offers a Service with features designed to ensure your safety or provide you with health-related information. Some of these are aimed at preventing or anticipating a decline in your independence and/or assisting you in emergencies. DH may adjust the technical features in response to the latest technological demands and/or to comply with prevailing regulations. DH might also need to repair, enhance, and/or update the Service, which may compel DH to restrict, limit, suspend, interfere with, or disrupt the Service.

Under no circumstances is DH liable for illnesses, accidents, and other events deteriorating your health, nor the medical and/or health consequences linked to the use of its Service.

DH is not responsible for the content of communications transmitted via its Service. The content of such communications is entirely your responsibility.

  1. Identification and Password

For the Services that require it, all information about you linked to the DH Service can be accessed only by the access rights provided to you by DH or the PC.

You acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and phone to prevent unauthorized account access.

You alone are responsible for any third-party use of your account via the aforementioned access rights. You accept responsibility for all activities that occur under your account. You must ensure the password remains confidential and secure. If you believe someone else knows your password or if it is used or likely to be used in an unauthorized manner, you must immediately notify DH orthe PC.

  1. Service Activation

The central unit contains a SIM card provided by DH or the PC to ensure communications between the central unit and DH's servers. The central unit will start communicating with DH's servers as soon as it's connected. Your contract begins when the central unit starts communicating with DH’s servers. For solutions involving prior learning about living habits, during the first 15 days, the system is in a learning phase, and after this period, it will ask you to validate the indicators essential for its Service. During this learning phase, only emergency information related to the call button is activated. Validating the indicators after this learning period activates the Service's additional features.

  1. Service Execution

DH delivers its entire Service in accordance within ternationally recognized industry standards and in compliance with applica blelaw. You accept the responsibility for your Service choice, interpreting provided information, preventive or emergency messages, and using the results. DH expressly reserves the right to entrust third parties with the execution of its Service under the aforementioned CG.

DH is not accountable for misuse, through fault or negligence, of its Service and/or equipment. Installation, commissioning, device monitoring, and its removal are the sole responsibility of DH or the PC. The device must remain continuously powered. An automatic functionality check of the installation (cyclical test) is scheduled on the device and can only occur if the device is powered. DH is not liable for any consequences resulting from the device not being powered at your residence.

If a specific connection is required, it must be performed by DH or the PC to ensure proper functioning. Additional costs may arise, for which you are responsible. Costs resulting from updates due to electrical installation modifications are also your responsibility.

  1. Indicators

Upon commissioning the products and/or Service, you are responsible for validating the indicators configuring the DH products/Service. The system will transmit its reports based on the analyzed information.

  1. Emergency

The safety Service has features that allow you to choose how you seek assistance. You acknowledge that these features use technology that cannot guarantee full availability or perfect accuracy.

You agree not to rely solely on DH products and/or Service for emergency situations.

DH does not practice medicine and does not provide a diagnosis or recommendations regarding your health. Please consult your doctor or another qualified health professional if you have medical concerns or before taking medication, changing your diet, or starting or discontinuing treatment.

  1. Pricing 

DH  reserves the right to change its prices at any time. Only the price indicated in the order confirmations is valid. The prices shown on the Site are in Swiss francs (CHF) and, where applicable, include VAT and the SWICO tax. They do not include any additional taxes that may be required by the applicable legislation. Preparation fees are charged additionally, as mentioned in the order confirmations. If delivery fees apply to the purchased products, they are stated in the order confirmations. The prices shown on the Site are only valid in Switzerland. In addition to the selling price, there may be additional charges for you, including for setup, installation, and commissioning of the Products and/or Services, file opening, on-site intervention by a technician, connections, testing, uninstallation or maintenance of the Products and/or Services. These fees are invoiced separately. Any additional costs related to emergencies are borne by the user.

10. Payment 

The payment methods accepted by DH are those indicated to you directly by DH, by a DH representative, or in a DH order brochure, those mentioned on the Site. Any order offer on the Site is subject to the prior payment of the entire order amount, including any preparation and delivery fees. If DH rejects the offer, the amount you paid will be refunded (without interest). Payments on the Site are made using servers provided and secured by DH's financial partners, ensuring that no financial information about you is transmitted via our servers. You bear the risk of any malfunction of the Site's payment system, entirely exempting DH from liability. Payments following an order placed outside the Site must be made within 30 days from the date of issuance of the invoice sent to you. In case of late payment, DH may charge you reminder fees of CHF 10.- for the 1st reminder, CHF 30.- for the 2nd reminder, and CHF 50.- for the 3rd reminder.

11. Delivery 

The preparation and delivery fees are those mentioned on the Site and in the order confirmation. Unless otherwise specified, the Products are shipped to the delivery address provided by you when placing the order. You are solely responsible for the accuracy and currency of the address you provide to DH. DH is therefore not responsible for any non-delivery due to an incorrect or outdated address. Risks associated with the shipment of goods are transferred to you once DH hands them over to its chosen carrier. If a package is returned to us by the carrier following an unsuccessful delivery (postal delays exceeded, incorrect recipient address, etc.), you will be notified via an email sent to the address you provided in your profile or during your order. If we don't hear from you within 3 months     from sending that email, the order is canceled. DH is then released from its delivery obligation, and the amount you paid is retained by DH as a penalty, settling all accounts and claims related to the concerned order. You bear all transportation costs and inherent risks of returning an unclaimed package (including if the carrier doesn't leave a notice) and/or any possible reshipment, as well as risks associated with storing the returned goods. Before any reshipment, DH may ask you to cover the related fees. DH strives to ship ordered products within 10 working days from the end of the sale. However, this timeframe is purely indicative and non-contractual.

12. Your Responsibilities 

You must not use the products and/or the DH Service in a way that might damage devices in any way. You must not use the products and/or Service for fraudulent purposes, in connection with a criminal offense or any other illegal activity, or in a manner that DH deems, at its sole discretion, as unauthorized, illegal, fraudulent, or inappropriate. DH is not responsible for errors in communication and configuration of the contact list or when modifying or adding respondents to the app. DH is not responsible for errors made by the person or persons to contact.

13. DH's Right to Revoke

After the contract is concluded, DH has the right to cancel an order, not yet delivered, at any time without having to provide reasons to the Customer. If DH revokes, the amount you paid will be refunded in cash or, at DH's discretion, by voucher. The refund is to settle all accounts and claims. Therefore, you cannot claim any additional damages from DH, with your claims limited solely to the full refund of the amount paid in cash or voucher form. If DH exercises its right to revoke, it is released from its obligation to deliver the goods.

  1. Warranty     for Defects 

DH provides a warranty for defects in Products that appear within 24 months from the delivery date, despite your normal and reasonable use of the Products. This warranty does not cover:

  • Damages resulting from repairs not carried out by DH or a PC;
  • Replacement of consumables such as batteries, cables, chargers, etc., not carried out by DH or a PC;
  • Damages caused by external factors such as accidents, internal or external shocks, lightning, voltage spikes, rust, water, and sand;
  • Defects arising because the user did not follow the oral, visual, or written instructions of DH or a PC regarding installation, commissioning, and use; and
  • Defects attributable to use in an environment or for a purpose for which the products and/or the Service was not designed by DH.

Upon receiving your order, you must immediately inspect the Product. If applicable, before signing the delivery note of the carrier, you must check for visible defects at the time of delivery (Delivered Product that does not match the ordered Product, incomplete Product, etc.). In case of visible defects, you (or any other person receiving the Product on your behalf) must indicate thison the delivery note, in the form of a hand written reservation accompanied bytheir signature. Without such a reservation, such defects are deemed accepted.

For defects not apparent at the time of signed delivery or in the absence ofsuch delivery method, you must notify DH's customer service (the "CustomerService") of any defect within 3 working days from the moment it became aware of the defect, otherwise the defect will be considered accepted. Regarding returns, the procedure in article 15 applies.

When purchasing several Products, the potential defectiveness of a Product, its replacement, or the inability to ship it does not invalidate the entire purchase contract. DH manages the order of each Product independently.

In case of a Product defect, DH may, at its sole and absolute discretion, (i) replace the Product, (ii) repair the Product, or (iii) refund the price of the Product. To the extent that ownership of the Product has already been transferred to you, the defective Product will become the property of DH as soon as it has been replaced or refunded.

  1. Return Procedure 

In the event of a defect (article 14), you must obtain a return authorization from Customer Service before any return of goods. No goods will be accepted unless the return has been previously accepted by DH.

Upon receipt of the return authorization, you have a 7 working day period to return the goods to DH. After this period, the return will be refused. The return must be made using the original packaging, with signature upon receipt. You alone bear the risks associated with returning the goods. Except in the case of a justified return due to a defect (article 14), the return costs are at your expense.

  1. Contact     Information 

You can contact Customer Service:

  • Using the Contact Form.
  • By postal mail, at the following address:

DomoHealth S.A. EPFL Innovation Park, Building D 1015 Lausanne Switzerland

Note: To optimize the processing of your requests, please specify after the mention "CustomerService" the subject of your letter.

  • By phone, at the following number:

Customer Service +41 58 800 58 00

 

  1. Privacy     Policy

In the context of entering and processing your personal data when using the Services, subject to foreign law provisions that might directly apply to our territory, we are subject to Swiss data protection laws. For more details, comprehensive information about our privacy policy is available on our Site at: domo.health | Privacy Policy

  1. Intellectual Property Rights

We grant you a non-transferable and non-exclusive license to use the software accompanying our Products and/or Services, to the extent permitted by the T&C, solely to enable you to benefit from the Products and/or Services. This provision also governs any updates that might replace or supplement our original software unless this update comes with a specific license. You cannot transfer or redistribute our software or grant licenses for them. You cannot copy, modify, decompile, or otherwise attempt to discover or reuse our source code. Creating derivative works from any part of our software (or its potential updates) is prohibited.

  1. Liability Exclusion

The photos and texts illustrating and describing the Products and/or Services featured on the Site are non-contractual and are provided for indicative purposes only. DH assumes no responsibility for errors and/or omissions related to the photos and/or texts on the Site. TO THE EXTENT PERMITTED BY LAW, DH, ITS ORGANS, ITS ASSISTANTS, AND ITS REPRESENTATIVES CAN IN NO CASE BE HELD LIABLE FOR DAMAGES, OF ANY NATURE WHATSOEVER, LINKED TO THE PRODUCTS AND SERVICES THAT DH SELLS, THEIR USE, THEIR SALE, OR YOUR USE OF OR ACCESS TO THE SITE, WITH ARTICLE 199 CO (FRAUD OR GROSS NEGLIGENCE) BEING RESERVED. DH, in particular, provides no warranty, express or implied, and makes no representations of any kind regarding the accuracy, completeness, or adequacy of the information made accessible to everyone in the Products and/or Services.

  1. Links to Other Sites

Using our Services might lead you to links directing you outside our networks and our systems, including third-party partner websites. We assume no responsibility for the content, accuracy, or operation of these third-party sites. We cannot be held responsible for the content of third-party sites to which a link is offered. Including a link to other websites does not imply our endorsement. We recommend that you become familiar with and carefully read the legal notices and the privacy and personal data protection notice of all the other sites you visit.

  1. Miscellaneous

Unless otherwise indicated by the context, singular includes plural and vice versa; any reference to the gender of individuals includes all genders; words designating individuals include businesses and corporations, and vice versa.

  1. Applicable Law and Jurisdiction

Swiss law governs these T&C. The legal forum is at DH's headquarters.