BE YOU COACHING & CONSULTING GMBH GENERAL TERMS AND CONDITIONS

Last updated: April 2019

This health portal is provided to you by BE YOU COACHING & CONSULTING GMBH, who manage and operate this portal. These terms and conditions apply to BE YOU COACHING & CONSULTING GMBH and you as a user.

1.  BE YOU COACHING & CONSULTING GMBH Service. 

BE YOU COACHING & CONSULTING GMBH makes employee and member portals available to employers, health insurance companies and wellness companies so that they can make online health and wellness portals available to their employees or members. As an Eligible Employee or Member (hereinafter referred to as „User“), you have access to various health and wellness tools and other applications provided to you by BE YOU COACHING & CONSULTING GMBH. The Health Portal allows you to store, view, edit, retrieve and manage your personal health information.  The service is Internet-based and allows you to access your personal health records anywhere, anytime. BE YOU COACHING & CONSULTING GMBH is committed to the highest levels of security and privacy.

2.  Availability of the health portal 

The health portal is at your disposal as long as you maintain a business relationship with BE YOU COACHING & CONSULTING GMBH.

You agree that BE YOU COACHING & CONSULTING GMBH may change or discontinue the provision of the Health Portal with or without notice to you. You agree that BE YOU COACHING & CONSULTING GMBH shall not be liable to you or any third party for any such modification or discontinuance.

3. Obligations of the user. 

BE YOU COACHING & CONSULTING GMBH would like to draw your attention to the following information and your obligations:

  • Although BE YOU COACHING & CONSULTING GMBH makes every effort to ensure that the medical information and references used in the Health Portal are accurate and up-to-date, the Health Portal does not provide medical advice and is not intended to replace the advice you receive from your own physician. If you have any questions or concerns about the information contained in the Health Portal, you should consult your physician.
  • The performance and loading times of the Health Portal depend on many things not under the control of BE YOU COACHING & CONSULTING GMBH, including your own network performance, the age and performance of your PC, laptop, tablet or mobile device, and the availability of Internet connections.
  • BE YOU COACHING & CONSULTING GMBH is not responsible for providing the equipment or networks necessary to receive the Health Portal. This is the responsibility of the user.
  • The information that you provide and enter into the Health Portal or that may be imported into the Health Portal by authorized and authorized third parties may contain sensitive and personal health information. You should log out of the Health Portal after each session to prevent unauthorized access to your information.
  • When you register as a user on the Health Portal, you will be asked to provide a username and password with which you can log in each time you wish to access the Health Portal. It is important that you protect access to your personal health information by not sharing your username and password with anyone and by not writing that information down in a place where it can be easily found. BE YOU COACHING & CONSULTING GMBH cannot and will not be held liable for any loss or damage caused by your failure to comply with this requirement.
  • You agree to promptly notify BE YOU COACHING & CONSULTING GMBH of any unauthorized use of your password or account or any other breach of security.
  • You are responsible for the accuracy of the information you submit to the Health Portal. If you intentionally or inadvertently enter false information, you may affect the accuracy of the results and information you view on the Health Portal. 
  • It is your responsibility to keep the information on the Health Portal up to date. Some of your results and information relate to date and time, and for the results to be meaningful, it is important that they are calculated based on the most current information.

4. Privacy policy

Introduction

Be You Coaching & Consulting GmbH respects and protects the privacy of the users of the portals that we offer and manage on behalf of our clients. This privacy statement contains details about our approach to privacy and how we collect, process, use and protect your personal information.

This privacy statement applies to data collected by Be You Coaching & Consulting GmbH or on our behalf through information you provide or from imported data from authorized and approved sources. It does not apply to data collected via other websites, products or services approved by Be You Coaching & Consulting GmbH.

Collection of your personal data

The service prompts you to enter an identifier/user name and password to log in. The first time you log in to the service, the service prompts you to create an account. To create an account, you may need to provide personal information such as your name, date of birth, email address, and in some cases the last/first four digits of your Social Security Number (SSN). These are only required to confirm your eligibility to access the Health Portal by comparing them with an information file.

We use the email address you provide when creating your account to notify you that news or new information has been made available to you on the Health Portal, or to inform you of some new features or functions that are now available on the Health.

The customer can enter the following data, whereby the points marked with a * are mandatory fields.

  • First Name *
  • Middle Name
  • Last Name *
  • Date of birth *
  • SSN
  • Gender *
  • Address 
  • City
  • State
  • Zip Code
  • Email *
  • Phone #
  • Username * (could be Email)

Portal

By default, you are the custodian/administrator of any records or information you create that you submit to the Health Portal. You can invite other people to access your data through the Sharing and Permissions section. You may want family members, nurses and your doctor to have access to your personal health information. You can choose to have full access (with the ability to view and change the information) or to view only the information. You can also choose which areas of the health portal you want them to access and how long they can access them. You will receive notifications when one of these authorized individuals views your information. Some of the information stored on the Health Portal can be very sensitive, so you need to think carefully about who you share the information with and to whom you give access to your personal health information.

Safety and security

Transmissions over the Internet are never 100% secure or error-free. However, we take all reasonable steps to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Sharing Your Personal Health Information

A key feature of the Health Portal is the ability to share your health information with people and services that can help you achieve your health-related goals. For example, you can share your health information:

– To allow a family member or loved one to manage your health information. 

– To contact your doctor or other healthcare professional. 

– Providing Information to Coaches and Trainers 

– To provide information for a health attorney or health consultant. 

You can share information on the health portal with another person by sending an invitation e-mail generated by the Be You Coaching & Consulting GmbH platform. If the person who requested you to share your information accepts your invitation to share it, you have granted them access to that information. You can indicate how long you have access and whether you can change the information in the health portal.

You may also give other people, such as your spouse, full access to all your health information contained on the Health Portal. Full access is the broadest level of access, so you should think carefully before granting full access to your health information. Any person to whom you grant access to the completion has the same functions as you as a user and account holder, including accessing, modifying, deleting and sharing all information in the record. A person who has full access to your account may also revoke access to your account for any other person to whom you have granted access to the Health Portal, including you. For this reason, you should carefully consider who you grant full access to your account.

How we use your personal data

We use personal information collected through the Health Portal, including health information, to help you evaluate your overall health and disease risk. We will also include your responses in aggregated and unidentified reports provided to your employer. AT NO TIME WILL YOUR EMPLOYER BE ABLE TO SEE OR ASSOCIATE YOUR INDIVIDUAL RESPONSES TO THE HEALTH ASSESSMENT QUESTIONS.

Be You Coaching & Consulting GmbH may access and/or disclose your personal information in the good faith belief that disclosure is necessary or in the interest of protecting or exercising the legal rights of our or others, e.g. in connection with law enforcement inquiries, in connection with legal proceedings or disputes, or to protect the personal safety and well-being of users of the health portal or members of the public. Personal information collected on the Health Portal is stored and processed only in Europe.

How We Collect Information and Statistics 

Be You Coaching & Consulting GmbH may use aggregated and identified information collected through the Health Portal to improve the quality of the Health Portal. This aggregated information is not associated with any individual. Be You Coaching & Consulting GmbH will not use your personal data from the paper Health Assessment for marketing purposes without Be You Coaching & Consulting GmbH’s prior consent.

Deletion of your data

You may request at any time that Be You Coaching & Consulting GmbH delete your health information collected via the health portal. Please contact the address given at the end of this privacy policy.

Links to other websites

The health portal may contain links to other websites. We are not responsible for the content or privacy practices of those websites, including the use of any personal information about you collected by those websites. We do not intentionally transfer personally identifiable information about you to websites we link to, but we require that all providers of applications for tools included in the Health Portal adhere to this Privacy Policy.

Privacy of Minors

The health portal is intended for adults. We do not intentionally or knowingly collect personal or personal health information from anyone under the age of 16. We ask individuals under the age of 16 not to submit personally identifiable information to the Health Portal.

Security of Your Personal Information

Be You Coaching & Consulting GmbH strives to ensure the security of your personal data. We use a variety of security technologies and procedures to protect your personal data from unauthorized access, use and disclosure. For example, we store the personal information you provide on restricted access computer servers located in controlled facilities and the information is stored at various encrypted locations. 

Enforcement of this Privacy Policy

If you have any questions about this statement, you should first contact BE YOU COACHING & CONSULTING GMBH. You should notify BE YOU COACHING & CONSULTING GMBH immediately if you feel that your personal information has been tampered with or if you feel that your privacy has been violated for any reason.

Changes to this Privacy Policy

We may update this privacy statement from time to time. If we do, we will also revise the „last updated“ date at the top of the Privacy Statement. We encourage you to read this Privacy Statement periodically to understand how we can help protect the personal information we collect. Your continued use of the Health Portal constitutes your acceptance of this Privacy Policy and any updates. Please note that this Privacy Policy and all decisions you make on the Health Portal do not necessarily apply to any personal data you provide to Be You Coaching & Consulting GmbH in connection with other, separately operated products or services of Be You Coaching & Consulting GmbH.

Contact details

Be You Coaching & Consulting GmbH welcomes your comments on this privacy statement. If you have any questions about this statement or believe that we have not adhered to it, please contact us.

5. User account, password and security. 

You enter a user name and password when you complete the registration for the health portal.  You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. 

6. Disclaimer of warranty by BE YOU COACHING & CONSULTING GMBH 

You acknowledge that the information contained in the Health Portal is transmitted via local Exchange, Interexchange and Internet backbone carrier lines, routers, switches and other devices, all of which are outside the control and responsibility of BE YOU COACHING & CONSULTING GMBH. BE YOU COACHING & CONSULTING GMBH assumes no liability for or in connection with any delay, failure or interruption of data or other information transmitted in connection with the use of the BE YOU COACHING & CONSULTING GMBH Web Site. 

BE YOU COACHING & CONSULTING GMBH DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE BE YOU COACHING & CONSULTING GMBH MATERIALS, SOFTWARE TEXT, GRAPHICS AND LINKS OR THE RESULTS OBTAINED FROM THE HEALTH PORTAL.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND DISTRIBUTION OF YOUR PERSONAL HEALTH DATA. BE YOU COACHING & CONSULTING GMBH DOES NOT PROCESS, CHECK OR APPROVE IN ANY WAY THE RELEASE OF YOUR ONLINE MEDICAL DATABASE, UNLESS THIS IS PROVIDED FOR IN THESE TERMS OF USE OR THE PRIVACY POLICY OF BE YOU COACHING & CONSULTING GMBH. BE YOU COACHING & CONSULTING GMBH IS NOT LIABLE FOR INACCURACIES, OMISSIONS OR ERRORS IN YOUR PERSONAL ONLINE DATA OR OTHER ONLINE INFORMATION. 

IN THE HEALTH PORTAL ARE POSSIBLE LINKS TO OTHER SITES, WHICH ARE OPERATED BY PARTIES/PARTNERS OR BE YOU COACHING & CONSULTING GMBH AVAILABLE.  THE INCLUSION OF A LINK TO SUCH WEBSITES DOES NOT MEAN THAT BE YOU COACHING & CONSULTING GMBH ENDORSES THE WEBSITES. BE YOU COACHING & CONSULTING GMBH HAS NOT REVIEWED ALL PAGES AVAILABLE ON THE HEALTH PORTAL AND IS NOT RESPONSIBLE FOR THE CONTENT OR ACCURACY OF EXTERNAL PAGES OR ANY OTHER PAGES LINKED TO THE HEALTH PORTAL.  BY SELECTING ONE OF THESE LINKS TO OTHER OFF-SITE PAGES OR OTHER WEBSITES, YOU ACKNOWLEDGE THAT THIS IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE OF THESE WEBSITES.

7. Limitations of liability 

IN NO EVENT SHALL BE YOU COACHING & CONSULTING GMBH, ITS SUPPLIERS OR THIRD PARTIES BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES OF ANY KIND (INCLUDING BUT NOT LIMITED TO HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION). WHICH RESULT FROM THE USE OR INABILITY TO USE THE HEALTH PORTAL, THE CONTENT OF THE HEALTH PORTAL OR ANY OTHER MEDICAL SERVICE, PROVIDED THAT THESE ARE BASED ON A GUARANTEE, A CONTRACT, A TORT OR ANOTHER LEGAL THEORY AND WHERE THE PHYSICIAN OR NON-MEDICAL IS ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGE. BE YOU COACHING & CONSULTING GMBH IS LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT AND ONLY TO THE EXTENT OF THE DAMAGES ACTUALLY INCURRED BY YOU.

8. Compensation 

You agree to indemnify and hold BE YOU COACHING & CONSULTING GMBH, its officers, directors, employees and agents, licensors and suppliers, harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, any damages, costs, expenses, expenses, costs, expenses, expenses, expenses, expenses, expenses, expenses, expenses, expenses, income, expenses, and expenses of any kind arising out of or related to BE YOU COACHING & CONSULTING GMBH’s use of or reliance on BE YOU COACHING & CONSULTING GMBH’s services, but not limited to reasonable legal and accounting fees arising out of or alleged to result from your use of the Health Portal or any other BE YOU COACHING & CONSULTING GMBH service in a manner that violates or is alleged to violate these Terms and Conditions.  BE YOU COACHING & CONSULTING GMBH will promptly notify you of any such claim, suit or proceeding and will cooperate reasonably with you, at your expense, in defending such claim, suit or proceeding.

9. Force majeure 

BE YOU COACHING & CONSULTING GMBH’s failure to comply with any provision or condition of this Agreement due to conditions beyond BE YOU COACHING & CONSULTING GMBH’s control such as war, strikes, fires, floods, acts of God, governmental restrictions, power failures or damage to or destruction of network equipment or servers shall not be deemed a breach of this Agreement.

10. Acceptance of these terms and conditions 

You must agree to these conditions in order to gain access to the health portal.