Data security

The website www.medgate.ch is operated by Medgate AG.

Medgate AG
Gellertstrasse 19
4020 Basel
Phone: +41 61 377 88 44
Email: info@medgate.ch

Medical confidentiality

All information about the patient (‘patient data’) is covered by the requirement for medical confidentiality. Patient data include all medical data, such as medical histories, findings and treatment plans as well as personal details of patients. Medical confidentiality applies to all Medgate’s employees, regardless of their training and functions.

Privacy policy

I. PURPPOSE OF THIS PRIVACY POLICY

This Privacy Policy refers to the use of any sort of personal data within the meaning of the Swiss Data Protection Act (FADP), and, if applicable, of the General Data Protection Regulation of the European Union (GDPR).

Please note, that this Privacy Policy may be subject to changes from time to time.


II. YOUR PARTNERS

The present website is operated by Medgate AG, Gellertstr. 19, 4052 Basel, Switzerland.

Any telemedical services will be provided by Medgate AG, Gellertstr. 19, 4052 Basel in its capacity as data controller.

If you choose to obtain services from a Medgate medical center, your personal data will be processed by Medgate Health Centers AG, Gellertstr. 19, 4052 Basel in its capacity as data controller.

If you choose to obtain services from a Medgate Mini Clinic, your personal data will be processed by Medgate Mini Clinic AG, Gellertstr. 19, 4052 Basel in its capacity as a data controller.

Medgate AG, Medgate Health Centers AG, and Medgate Mini Clinic AG shall be referred to as the service providers (the "SP") for the purposes of this privacy policy.


III. BASIS OF DATA PROCESSING

The SP will process your personal data based on the following grounds:

  • Based on a contractual relationship, or on an upcoming contractual relationship, between you and the SP. Such contractual relationship refers to the provisioning of medical consultancy and medical services (see art. 6 para. 1 lit. b GDPR and art. 9 para. 2 lit. h, if applicable);
  • For the protection of vital interests of the respective SP (see art. 6 para. 1 lit. f GDPR, if applicable). If you have any queries as to the vital interests concerned, please refer to the contact below;
  • For the fulfilment of legal obligations. Particularly with regard to health insurance legislation, and any medical storage requirements (see art. 6 para. 1 lit. c, if applicable);
  • Based on your explicit consent, if deemed necessary by applicable laws (see art. 6 para. 1 lit. a, if applicable).

IV. PURPOSES OF DATA PROCESSING

The SP may process your personal data for the following purposes:

  • For the purpose of providing medical consultancy and medical services according to the contractual relationship between you and the relevant SP. Particularly to exercise contractual rights and to comply with contractual duties;
  • For the administration of patient records, including the recording of telephone calls in the context of telemedical services. You will be informed about the recording separately at the beginning of each telephone conversation;
  • For the purpose of mandatory record keeping, and for archiving purposes;
  • In order to contact your health insurer for insurance-related purposes.
  • In order to inform you about news, including the realisation of marketing measures, that could be of interest for you;
  • For the improvement of the services provided by the relevant SP.

V. YOUR RIGHTS

Applicable data protection laws provide for a variety of rights in favour of the data subject. However, please note that the type and extent of such rights may vary depending on the data protection regime effectively applicable to you:

  • Information: You have the right to request information about which of your personal data is being processed by the respective SP, and how it is being processed. Please feel free to file a request for information.
  • Rectification: If your personal data, which is being processed by the respective SP, is somehow inaccurate, you may request for the rectification of such personal data.
  • Withdrawal of consent: Your personal data will usually not be processed solely based on your consent, without any connection to a contractual relationship. However, if that were the case, you might withdraw your consent at any time. Please note that such withdrawal shall only be effective for the future, and that such withdrawal shall not affect any processing activity which may be based upon further grounds.
  • Right to object: You might object to any data processing which is based upon the protection of vital interests of the respective SP, if you find yourself in a particular situation which justifies such withdrawal. However, please note that possible overriding interests of the respective SP may remain reserved. Furthermore, you have the right to object to any processing of your personal data for direct marketing purposes. However, please note that your objection shall not affect any processing activity which may be based upon further grounds.
  • Restriction: Under certain circumstances, you may have the right to request that the processing of your personal data shall be restricted. This might be the case if you doubt that your personal data are accurate. Please be advised that such restriction may limit or prohibit the further provision of the Foundation's or the SP's services.
  • Data portability: If provided for by applicable law, you have the right to request that your personal data, which you provided to us, will be handed out to you in the form required by law. In this case, you may also wish to pass such data on to a new controller. However, overriding, conflicting interests may remain reserved.
  • Right to erasure: See point 8 hereinafter.
  • Complaint: Depending on the data protection regime applicable to you, you might be eligible to lodge a complaint with the competent data protection authority, if you feel that your personal data is not being treated adequately.

VI. OTHER RECIPIENTS OF YOUR PERSONAL DATA

The respective SP may engage auxiliary persons (particularly other members of the Medgate Group) when processing your personal data. This may particularly be true as far as commercial/administrative services, or IT-services are concerned. Such auxiliary persons will process your personal data on behalf of the respective SP, and they shall be bound by the medical secrecy and the applicable data protection requirements the same way as the Foundation or the respective SP are.


VII. PLACE OF DATA PROCESSING

Your personal data will usually be processed in Switzerland. However, particularly the provision of telemedical services may take place from abroad. Any transborder data flow shall be limited to countries with data protection laws that are found to be equivalent to Swiss data protection standards, or where specific guarantees exist. If you have any queries relating to that, please refer to the contact below.


VIII. ERASURE / RETENTION PERIODS

Generally speaking, we delete your personal data upon completion of the contract, or when the purpose for which it was gathered has ceased to exist. If you legitimately object to the processing of your personal data, or if you withdraw your consent, we shall delete your personal data. However, the processing of your personal data for compulsory statutory reasons, for the exercise or enforcement of legal claims, and for the defence against any claims shall remain reserved.

The SP shall retain your personal data in each case for as long as deemed necessary for the fulfilment of the contract for medical treatment. However, statutory retention periods, particularly those provided for by public healthcare law, or by insurance law, as well as internal record keeping measures shall remain reserved.


IX. CONTACT DETAILS

We have appointed an internal data protection officer to safeguard the protection of personal data.

For questions relating to the processing of your personal data, or for requests concerning for the exercise of your legal rights, please refer directly to our data protection officer: Medgate, Datenschutzbeauftragter, Postfach, CH-4020 Basel.

Due to the medical secrecy issues we must ask you to place any requests in writing, and to attach a copy of your valid passport to your request. We might reserve the right to ask for additional identification measures, if deemed appropriate. Thank you for your understanding.

Our representative for the European Union according to the GDPR is: Mr. Guido Asshoff, Attorney-at-Law, Wilde Rechtsanwälte, Weinbergstrasse 190, 50825 Köln, Germany.

Basel, 23. May 2018

Health services

Applicability

A patient of Medgate is any person whose medical care is involved. The patient may or may not be the same as the person who contacts Medgate.

The patient is the person who receives medical services from Medgate. The patient is entitled to issue instructions; medical services are provided for his benefit and his information is covered by medical confidentiality.


Capacity to make decisions

Persons who make use of medical services at their own responsibility must have the legal capacity to make decisions. A person is capable of making decisions if he can act rationally in relation to a specific issue. Adolescents are capable of making decisions with regard to medical issues unless they must make exceptional decisions of extraordinary significance. If a patient enters into commitments (this applies particularly to responsibility for costs), he must also have the legal capacity to act. Persons aged 18 and over have the capacity to act. Patients who do not have the legal capacity to make decisions or act require the agreement of their legal representative (parent) for all relevant decisions.

Web applications

Website

Anyone can visit Medgate’s website, /, without providing any personal information. The web server only registers site usage data and does not record any personal information. These log files include data on the IP address, the last page visited, the browser used, the date and time of access and the file that was requested. These anonymous data are only used internally and help us to optimize our services. Such usage data are not linked with any personal data that may be available.

Personal information is required if special services are used on the website. Medgate undertakes to treat these personal data carefully, i.e. to use such data exclusively for the purposes intended.


WebDoctor

Medical questions can be asked online via Medgate’s WebDoctor. The following conditions apply for medical questions to the WebDoctor. The dialogue is transmitted using an encryption protocol (SSL). Information is stored in a protected database, treated as confidential and protected by the requirements of medical confidentiality. No confidential data are sent by email.

Purpose of information and disclaimer of liability

Website

The content of the website ‘/’ is in no way a substitute for personal medical consultations or treatment. Medgate recommends that all visitors to the website consult a physician if they have a medical concern. It is also unwise to start, change or discontinue any treatment independently or without consulting a physician.

The content of the website ‘/’ is not a suitable basis for making an independent diagnosis or selecting a form of treatment. Medgate accepts no direct or indirect responsibility for any injuries or health concerns that may arise from the use or misuse of the information.

The authors of the Medgate website have taken care to ensure that any information on applications, medications or dosages corresponds to the current state of knowledge. However, the authors can give no absolute guarantee for this. Please note that information on medicines does not constitute an endorsement. Each dosage or application is carried out at the user’s own risk.

Medgate’s webpages may contain direct or indirect links to third-party websites, but it cannot accept responsibility for the content or legitimacy of their webpages. This applies to all links and references in Medgate’s own website as well as to entries by third parties in Medgate’s guest books, discussion forums, social media accounts and mailing lists.


Disclaimer of liability and rights

This disclaimer of liability is to be regarded as an integral part of Medgate’s Internet services, which refer to this page. Insofar as parts or individual phrases of this text are not, no longer, or not completely legally valid, the content and validity of the remaining parts of the text remain unaffected.

All rights to the contents of this website are vested in Medgate or are indicated by an appropriate reference to the source. The authors have made every effort to respect the copyright of the graphics, audio files, video clips and texts presented on the website, or to use appropriate copyright-free material. All brands and trademarks referred to on this website and possibly protected by third parties are subject without restriction to the provisions of applicable trademark law and the ownership rights of the respective registered owner. Reproduction or other use (in particular commercial use) of such graphics, audio files, video clips and texts in other electronic or printed publications is only permitted with the explicit written permission of Medgate or its authorized representatives.