General conditions & privacy policy

1. Purpose and legal notice

The purpose of these general terms and conditions of use, hereinafter referred to as the ‘GTCU’, is to define the terms and conditions under which the hopitalvs@home application, hereinafter referred to as ‘the application’, is made available and used by the user.  
The application is made available by Valais Hospital, hereinafter referred to as ‘the institution’, as part of coordinated healthcare provision. 
Any access to and/or use of the application implies acceptance of and compliance with all the terms of these GCU. If the user does not wish to accept all or part of these GCU, he/she is asked to refrain from using the application. 
These GCU apply to the exclusion of all other general terms and conditions. They may be modified by Valais Hospital. The applicable conditions will then be those in force on the application at the time of use. 
The application is intended to be used as a web application and can be installed on smartphones and/or tablets. 
The application is published by the company Exolis, whose registered office is located in Gardanne (13120) in France, registered with the RCS of Aix en Provence under the number SIRET 809 77 043 00028.  
The User undertakes to use the site diligently, in good faith and in accordance with the GCU and Swiss law. 
The User acknowledges and confirms that he/she has read and understood the GCU and agrees to be bound by the terms contained therein. The user warrants that he/she has the legal capacity to accept and abide by the GCU.

2. Definitions

Application: this application is a tool offered by the establishment as part of medical treatment.  
Content: All the elements contained in the application created and modified by the institution on the day it is used. 
Institution: Valais Hospital 
User: a patient under the care of the institution, who has downloaded the application onto compatible IT equipment and is using it. 
Exolis: publisher of the application.

3. Protection of the application - Intellectual property

Any reproduction, modification or distribution of the content of the application is prohibited without the prior written consent of the establishment. The trademarks and logos appearing in the application as well as the medical documentation are the property of the establishment or are subject to authorization for use. Any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the application, without having obtained the prior written authorization of the establishment, is strictly prohibited and constitutes an infringement of the Federal Copyright Act. The offending user is liable to civil and/or criminal penalties.

4. Access to the application

Access to and use of the content of the application is optional support for care.
Only the status of patient of the establishment confers a right of access to the application.
Under no circumstances may the institution, or any other party involved in the creation and operation of this application, be held liable for any damage caused by access to, use of or inability to access or use this application.
The establishment grants the user a non-exclusive, personal, free and non-transferable licence to use the application.
All costs incurred by the user in accessing the application (hardware, software, Internet connection, etc.) shall be borne by the user.
In order to use the application, the user must identify him/herself at the time of initial registration. By using this application, the user consents to these General Terms and Conditions of Use.
The application uses a local storage mechanism (similar to cookies) to retain the user's connection information. This mechanism is mandatory in order to use the application.
The application is made available by the establishment on the basis of 24/7 accessibility independently for scheduled maintenance and point 6 of the GTCU. Access to the application is provided on an ‘as is’ basis and is accessible depending on availability. The institution may not be held liable for any interruption or suspension of the Internet network or its technical performance.
The establishment takes all reasonable measures to maintain accessibility at all times. However, it may have to interrupt the services offered if this proves necessary due to technical difficulties or maintenance requirements (e.g. operating disruptions, risk of abuse, etc.).
Under no circumstances should the entry of medical information via the application be considered as being taken into account by the establishment within the predefined time limits and should not be used as an emergency service.
In the event of an emergency, users must contact the establishment, their doctor or 144 by telephone.

5. Commitments by the user

The user undertakes:

• to use the application only for lawful purposes within the conditions and limits of these GCU and without harming third parties and/or the establishment
• not to divulge their access codes to the application and to be the sole user of their account.
• to use appropriate measures to protect the equipment used to access the application from unauthorised access and misuse by third parties.

The school cannot be held responsible for any loss of data or damage resulting from non-compliance with these security measures.

6. Modification of the application

The establishment reserves the right to make any necessary or useful changes or improvements to its application and shall not be liable for any damage of any kind that may arise as a result.

7. Medical data

If the application is used on several devices (smartphone, tablet, web), the medical data is synchronized and accessible on all devices.
Data is stored on the application and in the patient file at Valais Hospital in accordance with the DPA and federal and cantonal legislation.
The User's data is processed by the establishment's teams and solely within the framework of the User's medical care. Exolis has access to this data at the request of the establishment and exclusively for technical support purposes in order to guarantee the functioning of the application.
As the operator of the application, the establishment endeavours to operate the portal as securely as possible. The user acknowledges that, despite the institution's best efforts and the use of modern security techniques and standards, it is not possible to guarantee absolute security and the absence of errors in the systems and procedures used.
Users may access their personal data at any time and request that it be corrected or exercise their right to limit the processing of their data.

8. Necessary application authorization

For certain types of support, the application will ask the user for authorization to interact with peripherals on the equipment in question. These may include the camera (QR Code authentication and taking of photographs requested in medical questionnaires), GPS location (access map to the facility) or notifications (reminders sent in relation to questionnaires to be completed, appointments, documents to be read).

9. Blocking access

If the establishment observes irregularities in the use of the application, it may, on its own initiative and at any time, temporarily block certain users or the entire application for security reasons.

10. Hypertext links

By clicking on a hypertext link, users may be redirected to external sites. The establishment cannot be held responsible for the content of these sites or the personal data management policy of these other sites.

11. Applicable law

The General Terms and Conditions of Use are governed by Swiss law. The place of jurisdiction is Sion.

12. Entry into force

These General Terms and Conditions of Use come into force on 01 October 2023.