- Purpose of the terms and conditions of use
These terms and conditions of use govern access to the Corporate Customer Area that has been made available by Groupe Mutuel Services SA (hereafter, Groupe Mutuel) for its Clients.
- General description
Groupe Mutuel has made available to its Clients, in accordance with these terms and conditions, an online portal for reporting claims and managing services that Groupe Mutuel provides to the Client under separate agreements.
A description of the services available in the Corporate Customer Area can be accessed directly on the website of Groupe Mutuel. Groupe Mutuel reserves the right to modify these services and information at any time, or to add or remove features, depending on how the Corporate Customer Area evolves.
The Corporate Customer Area is used by the Client's employees or other auxiliaries.
- Registration, access and authentication
3.1 Registration
A registration procedure is provided by Groupe Mutuel on its website https://www.groupemutuel.ch/accessrequest). The Client shall follow the guidelines outlined in the procedure. The Client is responsible for ensuring that the registration procedure is completed in full, on time and correctly, and undertakes to provide accurate data.
By making a formal request, the Client declares that it has read, understood and accepted these terms and conditions of use.
During the registration procedure, Groupe Mutuel shall provide means of authentication. Unless otherwise instructed in writing by the Client, Groupe Mutuel will send these means of authentication to the last address communicated by the Client. It is the Client's responsibility to ensure that it is able to receive the means of authentication and, subsequently, to use them.
To complete its registration, the Client shall enter the authentication data on the login page in order to receive, according to its choice, the double authentication code by SMS text message or email. The Client shall change the first personal password without delay. The user is free to choose the password. Groupe Mutuel recommends changing the password regularly. For security reasons, the password must not make it possible to identify the Client.
3.2 Access and authentification
Access by the Client to the Corporate Customer Area requires authentication as part of a multi-level connection procedure, in particular using the Client's user identification, personal password and double authentication code.
Anyone who provides Groupe Mutuel with valid authentication is considered to be authorised to use the Corporate Customer Area.
Groupe Mutuel may add to or modify the authentication procedure at any time. In particular, it may at any time introduce additional security levels or other security levels in line with the current state of the art.
- Authorised persons
The Client takes all necessary measures to prevent unauthorised persons from accessing the Corporate Customer Area. It shall identify by name the persons to whom it grants access to the Corporate Customer Area and shall indicate all the required information concerning these persons, including their level of right of access (Admin, Super User, User).
The Client acknowledges that the level of access rights it grants to Admins is such as to represent it legitimately in the context of the features provided in the Corporate Customer Area. Groupe Mutuel may consider, regardless of the Client's situation, its entries in the commercial register and without further verification of the nature of the rightful claimant, that the Admin appointed by the Client is authorised to act on the Client's behalf (apparent power of attorney).
In addition, it is the Client's responsibility to regularly update the list of persons who have access to the Corporate Customer Area. Groupe Mutuel undertakes, at the first written or electronic request of the Client, to withdraw as quickly as possible any access granted to a person whose access the Client no longer authorises.
The end of the contractual relationship between Groupe Mutuel and the Client means that all access to the Corporate Customer Area will be cancelled, subject to the three-month period for saving documents (Art. 10).
- Client obligations
5.1 Technical requirements
The Client is responsible for providing the required technical infrastructure (including hardware and software) for access to the Corporate Customer Area. This requires a terminal with an Internet connection and a current Internet browser. Other system requirements may be made known to the Client in the Corporate Customer Area. The Client acknowledges that technical requirements may change at any time.
5.2 Due diligence requirements
The Client is responsible to Groupe Mutuel for any use of its access by itself and its users, as well as for the content of the information it has its users transmit or Groupe Mutuel process.
The Client must never disclose or transmit authentication tools to unauthorised persons (neither verbally, nor in writing, nor in electronic form). Any recording or unprotected electronic backup of authentication instruments is prohibited. The Client shall regularly change its password. For security reasons, the Client shall choose passwords that cannot be used to identify it personally.
If the Client has reason to believe that the personal password has come to the knowledge of an unauthorised third party or that the device used to access the Corporate Customer Area is in the hands of a third party, the Client must change it immediately. In the case of user identification, the Client must immediately inform Groupe Mutuel so that it can take all necessary measures as soon as possible.
The Client shall ensure that unauthorised persons cannot manipulate its electronic devices (e.g. computer, notebook/laptop, mobile phone, tablet, etc.) or its computer programs. In particular, the Client shall take all necessary precautions to prevent damage to its technical equipment and the software required. In addition, the Client shall regularly update the security of its operating system, all its programmes and applications. Groupe Mutuel declines all responsibility in the event of non-compliance.
The Client shall keep itself up-to-date on the required security precautions and reduce the security risks arising from use of the Internet by using appropriate security measures (in particular anti-virus software and firewalls).
The Client shall bear all risks and damages resulting from the awareness by a third party of the means of authentication allowing access to the Corporate Customer Area, and from the use, even misuse, of these means.
- Data protection
Data protection and data security are a priority for Groupe Mutuel. With regard to the collection, processing, communication and use of its Clients' personal data, Groupe Mutuel is subject to compliance with the legal framework, in particular the Federal Law on Health Insurance, the Ordinance on Health Insurance as well as Federal Law on Data Protection (LPD/DSG).
Groupe Mutuel shall inform the Client in advance of any processing of data for other purposes via the Corporate Customer Area. In accordance with the legal provisions on data protection, the Client may accept or refuse certain types of data processing.
The Client undertakes to comply with the Law on Data Protection (LPD/DSG). The Client undertakes to ensure that the data sent to the Corporate Customer Area will be used only to report a claim or to administer certain services that Groupe Mutuel provides to the Client under separate agreements.
- Confidentiality
Groupe Mutuel is subject to legal obligations regarding confidentiality, in particular medical confidentiality and data protection. It takes technical and organisational measures to secure the data it makes available to its insured persons. To protect access to data, the Client undertakes to keep confidential its user name, password and the code from the authentication system and to protect them from fraudulent use.
- Liability
Groupe Mutuel is not liable for any direct or indirect damage within the limits of the legal provisions. Furthermore, Groupe Mutuel excludes all liability for damage resulting from incorrect or abusive use of the Corporate Customer Area by the Client or by persons to whom the Client has granted access to the Corporate Customer Area.
Liability is also excluded for damage suffered in particular in the following cases:
- in the event of faulty data transmission; for any damage suffered by the Client as a result of transmission errors, technical faults, blockages, overloads, interruptions, malfunctions or unlawful interference with the Internet or telephone network, or with telecommunications installations, or as a result of inadequacies on the part of the operators of these installations and networks.
- if the Corporate Customer Area is unavailable;
- in the event of manipulation by third parties;
- in the event of technical incidents;
- any liability for the accuracy and completeness of data transmitted and displayed electronically;
- for documents that have not been retrieved within three months of the request for withdrawal.
- Changes to the terms and conditions of use
Groupe Mutuel reserves the right to amend at any time these terms and conditions of use. These modifications will be communicated to the Client via the Corporate Customer Area or any other means deemed appropriate by Groupe Mutuel and will be considered as approved, unless the Client gives notice to the contrary within one month.
These terms and conditions of use may be supplemented by technical appendices or practical recommendations. The appendices and practical recommendations form an integral part of these terms and conditions of use. They may be amended, supplemented or withdrawn at any time by Groupe Mutuel.
- Withdrawal of access and consequences
In principle, access to the Corporate Customer Area is not limited in time, provided that the Client has one or more insurance policies with a company belonging to Groupe Mutuel. However, the Client may request that its access be closed. Access will then be withdrawn by Groupe Mutuel.
The Client will have a period of three months to save its documents, after which the withdrawal of access to the Corporate Customer Area will be definitive.
When the access to the Corporate Customer Area has been opened for several insurance coverages (accident, loss of earnings, LPP/BVG insurance contracts), if the contractual relationship undergoes a modification, Groupe Mutuel reserves the right to adapt the access to the Corporate Customer Area accordingly without further notification.
Groupe Mutuel reserves the right to suspend at any time, without prior notice and without giving reasons, temporarily or permanently, the access of the Client or certain users to the Corporate Customer Area without obligation to pay compensation, insofar as this appears appropriate for objectively justified reasons, in particular in the event of a breach of one of its provisions, in the event of abuse of any kind, or in the event of repeated non-compliance with practical recommendations. It will inform the Client of any such suspension as soon as possible.
- Intellectual property
All rights relating to the elements of the Corporate Customer Area (copyright, patent rights, design rights, etc.) continue to be held by Groupe Mutuel or authorised third parties.
The elements may only be used by the Client in the context of the Corporate Customer Area. Access to and use of the "Corporate Customer Area" does not give any right to use the items outside of this framework.
- Language
These terms and conditions are drawn up in French. In the event of any discrepancy, the French version shall prevail. This is without prejudice to any translations of the conditions into another language.
- Jurisdiction and applicable law
These terms and conditions of use and all questions, claims or disputes arising from them or which may arise as a result of them, in particular concerning their creation, validity and interpretation, are subject to Swiss substantive law; Martigny is the exclusive place of jurisdiction.
Groupe Mutuel Services SA
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