Terms of use of the Assura application

In addition to the Customer Portal contract and the terms and conditions of participation in the Customer Portal that you validated by your registration in the Customer Portal, the present terms and conditions apply to the downloading and use of the invoice scanning application provided by Assura.

By using the Assura App, you declare that you have understood the present terms and conditions and accept them unreservedly.

1. Scope of application

1.1 The present terms and conditions apply to the downloading and use of the invoice scanning application provided by Assura. (hereafter, the App). The conditions specific to the App Store apply additionally with respect to the download.

1.2 The App is a platform managed by Figeas SA, acting in the name and on behalf of Assura SA and Assura-Basis SA (hereinafter referred to as "Assura"), through which a policyholder with a Customer Portal account can send scanned invoices in a simplified manner to Assura via the Internet. Invoices relating to the compulsory health insurance dealt with by Assura-Basis SA, as well as those relating to supplementary insurance dealt with by Assura SA, can be scanned and sent to Assura via the App, as well as potential delegation vouchers and medical prescriptions regarding these invoices.

1.3 The App has been developed for use exclusively in Switzerland, via mobile networks or access providers established in Switzerland. Assura accepts no liability for use abroad and provides no guarantee that the App is accessible and usable from a foreign network.

2. Access right

2.1 Any person wanting to use the App must be insured with Assura-Basis SA and/or Assura SA and have a Customer Portal account with Assura (hereinafter referred to as the user). Adherence to the Customer Portal can be done simultaneously with the first use of the App.

2.2 The first access to the App is made by means of an access code sent to the email address indicated by the user. For subsequent use, the user decides whether to access via a PIN code or via TouchID or FaceID.

2.3 Once the user legitimises himself in accordance with the above, he is presumed to be authorised to use all the services offered by the App not only in his name but also on behalf of the family members included in the common Customer Portal.

2.4 Access to the App allows direct access to the account of the related Customer Portal, without a new legitimation request. The user is responsible for any change or request made in his Customer Portal opened via the App.

2.5 After a period of inactivity, the App is automatically closed, and a new session must be opened.

3. Precautions and information related to the scanned documents.

3.1 The user commits to exclusively transmit via the App invoices from healthcare providers to allow the assessment of reimbursement entitlement, as well as potential delegation vouchers and medical prescriptions related to these invoices, and this only for policyholders registered in the Customer Portal associated with the App. Any other data transmitted to Assura via the App will not be processed by Assura. No specific warning will be given to the user on this subject.

3.2 Acknowledgement by Assura of the receipt of documents sent via the App exclusively means that Assura has received them for processing. Under no circumstances may the user deduce in this respect any right to a reimbursement. Reimbursement of invoices is governed exclusively by the applicable legal provisions i.e. Federal Health Insurance Act (KVG/LAMal), Federal Insurance Contracts Act (VVG/LCA), etc. and the applicable contractual provisions, i.e. General Insurance Conditions (AVB/CGA), Special Supplementary Insurance Conditions (BVB/CSC).

3.3 Assura reserves the right to request the original documents for invoice processing.

3.4 Invoices and other scanned documents are visible in the App. Therefore, if an unauthorized third party has access to the App, they will be able to consult documents containing sensitive personal data of the user and/or family members

3.5. Assura may transmit part of the correspondence via the App and thus forego postal dispatch (of, for example, benefit statements, invoices, etc.). The documents transmitted by Assura via the App will be considered to have been received by the user, unless a postal dispatch is required by law.

4. Safety information and disclaimer of warranty

4.1 Even if the personal data scanned by the user is sent to Assura in encrypted form, Assura may under no circumstances be held liable for any loss, destruction or misuse of this data by unauthorised third parties.

4.2 Use of Internet in connection with the App is at the user's own risk. No absolute safety can be guaranteed, and the user is responsible for having appropriate safety measures on his own device. Assura cannot be held responsible for undue access, viruses or malware. Furthermore, Assura has no influence on the analysis of data traffic by the Internet service provider chosen by the user, who may possibly be able to infer from this data a contractual relationship between Assura and the user.

4.3 Neither does Assura guarantee the proper functioning of the internet network chosen by the user and therefore does not guarantee that use of the App can take place at all times and without interruption.

5. Exclusion of liability

5.1 Assura excludes all liability, within legal limits, for direct or indirect damage arising from the use of the App, especially for data loss, data damage or improper data access, attacks by third parties, contamination by viruses or other malicious software. Liability for Assura auxiliaries is entirely excluded.

6. Data protection

6.1 Within the frame of the use of the App, the user has the possibility to scan invoices, as well as the related delegation vouchers and prescriptions. Consequently, the following personal data is potentially received and processed by Assura:

Policyholder’s identification data such as: last name, first name, date of birth, gender, nationality, residence permit, AHV/AVS number, postal and email address, etc.: Bank account details; Data relating to the insurance contract(s) - type of cover, deductible, premium amount, possible subsidy, etc.; Benefit statements; Premium invoices; Details of services furnished by the provider in accordance with the applicable tariffs.

Depending on their content, the personal data mentioned above can be categorised as sensitive within the meaning of the Data Protection Act, in particular health data that may be contained in the scanned documents.

6.2 The data mentioned in Art. 6.1 above transmitted to Assura via the App is used for the purpose of processing insurance benefits, in particular assessing entitlement to insurance benefits, processing claims for benefits reimbursement and asserting recourse claims against a liable third party. If a more important or a different processing than those mentioned above is wanted or necessary, Assura shall ask for prior consent of the policyholder. In the absence of such consent, the intended processing will not be carried out.

6.3 Regardless of the type of personal data processed, Assura commits to treat the data of policyholders strictly confidentially, to protect it from unauthorised access and to observe the principles set out in the Data Protection Act. In this respect, documents scanned on the App are transmitted in encrypted form. Once they have been decrypted in Assura's IT system, invoices and documents are processed by a restricted number of employees dedicated to the benefit processing. Finally, all Assura employees are legally and contractually obliged to keep all policyholder data secret.

6.4 Once the documents are in Assura's possession, Assura handles them in accordance with its data processing regulations and its data protection policy published on its website.

6.5 More information on Assura’s data processing policy, data controllers and data protection regulation are available on the website www.assura.ch.

7. Copyright and intellectual property

7.1 The content of the App is protected by copyright provisions. It is strictly forbidden to copy or reproduce all or part of the texts and visuals in the App without the express permission of Assura.

8. Free of charge

8.1 Use of the App is free of charge. However, it is possible that costs may arise from the use of the Internet or mobile data, especially when sending data to Assura. The user is solely responsible for these costs.

9. Analysis services

9.1 Assura analyses the use of the App by means of tracking data, which enables Assura to compile use statistics and improve the service. This analysis is done anonymously.

10. Maintenance, updates and support

10.1 Assura reserves the right to update or modify the App at any time, without however being obliged to do so. Updated versions are also governed by the present terms and conditions, unless expressly provided otherwise.

10.2 Update and data refresh are announced in the App. The use of the App is in no way guaranteed if the user does not make the recommended updates.

10.3 Although Assura makes considerable efforts to maintain the App at a performant level of use, Assura doesn't commit to carry out regular maintenance or to systematically repair any defects of the App.

10.4 Assura provides users with a telephone number for any question related to the use of the App and to report malfunctions.

11. End of use

11.1 Assura reserves the right to stop operating the App at any time towards all its users or a user who does not comply with the present terms and conditions or who is no longer insured with Assura.

11.2 The user may at any time stop using the App and uninstall it from his device.

11.3 The termination of the Customer Portal account automatically leads to the termination of the right to use the App.

11.4 When the use of the App is terminated in accordance with the above provisions, invoices and documents that the user has scanned will not be saved, except for those that have already been processed by Assura. It is up to the user to take all necessary measures to save and process these documents.

12. Amendment of the terms and conditions of use of the App

12.1 Assura reserves the right to amend the present terms and conditions of use at any time. The new version of the terms and conditions of use will be available on the App. Use of the App automatically implies the user's acceptance of the terms and conditions of use in force.

13. Application of the Customer Portal contract and of the terms and conditions of participation in the Customer Portal

13.1 For the surplus, the provisions of the Customer Portal contract and the terms and conditions of participation in the Customer Portal apply.

14. Escape clause

14.1 If any provision of the present terms and conditions should be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The provision concerned should be replaced by a valid clause whose meaning comes close to the one that has lost its validity.

15. Applicable law and place of jurisdiction

15.1 For any conflict related to the use of the App, Swiss law applies exclusively. The exclusive place of jurisdiction is Pully.

These terms and conditions enter into force on 7th February 2024.