A. Terms of use
Version overview
Current version
V 2.0, status 07.12.2023
1. General
The app is published by
a. Buchinger Wilhelmi Development & Holding GmbH
Wilhelm-Beck-Strasse 27, 88662 Überlingen
Germany
b. Klinik Buchinger Wilhelmi GmbH
Wilhelm-Beck-Straße 27, 88662 Überlingen
Germany
c. Clínica Buchinger Wilhelmi S.A.
Avda. Buchinger 15, 29602 Marbella
Spain
(hereinafter collectively referred to as “BW”)
The app is developed and operated by
Buchinger Wilhelmi Development & Holding GmbH
Wilhelm-Beck-Straße 27, 88662 Überlingen
Germany
If you have any questions or suggestions in connection with the app and these terms of use, you can contact BW by email at appsupport@buchinger-wilhelmi.com.
Please read these Terms of Use carefully. These Terms of Use govern your use of the App, including your use of any future versions (patches, updates and upgrades) (“App”) currently or in the future provided by BW in connection with the App. You can access these Terms of Use at any time in the App under “Home > Profile > Terms of Use” and at https://www.buchinger-wilhelmi.com/en/legal-amplius-app/#A_Terms_of_use. The separate Privacy Policy (see in the app under “Home > Profile > Privacy Policy” and at https://www.buchinger-wilhelmi.com/en/legal-amplius-app/#B_Privacy_policy) is not part of these Terms of Use. However, please also read the privacy policy carefully.
The app is available for use on iOS devices in the Apple App Store and for use on Android devices on Google Play. General terms of use for applications from Apple or Google do not apply in relation to BW. BW is solely responsible for the content of the app as well as its maintenance and care and for any claims you may have in relation to the app.
By installing and using the app, you agree to these terms of use. If you do not agree to the terms of use, you may not install or use the app (or must delete it). Any rights under open source licenses in relation to the source code of the app remain unaffected by this.
You are also responsible for complying with these terms of use if you provide the device on which you have installed the app to third parties and they use the app.
The app is aimed at guests and customers who are at least 18 years old.
2. What functions does the app have?
2.a. Stay in our clinics
The Buchinger Wilhelmi Amplius App facilitates the preparation of your stay, increases the quality of your treatment with us and is designed to optimize the follow-up of your cure.
The app offers the following functions in particular:
- Before your stay, you will be prepared for the cure in our clinics in the best possible way via the app by changing your diet and lifestyle in order to get the most out of your stay.
- We use your data in particular to plan and carry out treatment tailored to your individual needs. In addition to medical examinations, this includes in particular the preparation of therapy proposals, treatment by our specialist medical staff and the monitoring of your health during your stay.
- During your stay with us, the app serves to impart knowledge and improve the quality of processes. For example, based on your health data, you can receive personalized recommendations for sports and/or nutrition. In future, it will also be possible to view the progression of your health data (e.g. weight, blood pressure) via the app and track its progression during the cure yourself.
- After your stay in our clinics, the app accompanies you back into your everyday life and helps you to consolidate the success of your cure with us with information from the fields of science and behavioral psychology, for example, with cooking, meditation and sports videos as well as daily explanations on healthy living and helps you to continue working on your goals.
2.b. FASTING BOX
The app can be used to digitally accompany the FASTING BOX experience and beyond.
The app offers the following functions in particular:
- Before the FASTING BOX experience, the app will prepare you for the experience in the best possible way by changing your diet and lifestyle in order to get the most out of it.
- During the FASTING BOX experience, the app is used to impart knowledge and improve the quality of the experience. In future, it will also be possible to view the progression of your health data (e.g. weight, blood pressure) via the app and track its progression during the FASTING BOX experience yourself.
- After the FASTING BOX experience, the app accompanies you back into your everyday life and helps you to consolidate the success of the FASTING BOX experience with recipes, information from the fields of science and behavioral psychology, with further cooking, meditation and sports videos as well as daily explanations on healthy living and helps you to continue working on your goals.
2.c. Wissenschaftliche Studien
BW also uses the app in the context of scientific studies to support the study participants during the study, in particular to collect data from the study participants and to inform the study participants about the further course of the study.
Technical description of the app
The technical functions of the app are described in detail at the following link: https://www.buchinger-wilhelmi.com/en/infos-amplius-app/#Technical_Functions
This technical description is for explanatory purposes only and does not form part of these Terms of Use. It also does not constitute a quality agreement in relation to the app.
Further information
Further information on the app can be found at the following link: https://www.buchinger-wilhelmi.com/en/infos-amplius-app/
This additional information is for explanatory purposes only and does not form part of these terms of use.
3. Requirements for using the app
The following technical requirements are necessary to use the app:
You need a data connection
Certain functions of the app are only available if your device has a data connection to the Internet, e.g. via UMTS, LTE or WLAN. Without a data connection, some or all of the app’s functions are not available. This also applies if you switch your device to flight mode or switch it off.
Detailed instructions for setting up the app on iOS and Android can be found at https://www.buchinger-wilhelmi.com/en/infos-amplius-app/#Create_an_Account. The instructions are for explanatory purposes only and are not part of these terms of use.
You must always use the latest version of the app
BW will provide updates to the App from time to time. You should install these updates immediately and always use the latest available version of the app. Using older versions can lead to malfunctions and faults. If an update is absolutely necessary, you will be notified of this when you open the app.
You need the latest versions of iOS or Android
The app works with iOS from version 14 and Android from version 11.
4. Rights of use
Simple right of use
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App and the content contained therein for your personal, non-commercial purposes.
The license for the iOS version of the App includes use on any Apple device that you own or control, subject to the applicable App Store Terms of Use, and the App may also be accessed and used through other Apple accounts that are linked to your Apple account via Family Sharing or Volume Purchase.
You may make copies of the app as part of data backups. You are not granted any further rights to the app.
Ownership of the app
The App is the sole and exclusive property of Buchinger Wilhelmi Development & Holding GmbH or its licensors, subject to the rights granted to you under Section 9 and any other rights in the App that Buchinger Wilhelmi Development & Holding GmbH has contractually granted to BW.
Open source license information
Information on the use of third-party components in the app and the applicable license terms can be found in the open source license information in the app.
The license terms applicable to the third-party components contained in the app remain unaffected by the granting of rights under this Section 9.
What is not allowed
You may not manipulate or change the app.
You must not misuse the app.
5. Important notes on availability and changes
No claim to specific functionality
The app is made available to you as it is published by BW. BW assumes no guarantee for the functionality of the app and does not agree any specific quality with you. You are not entitled to any specific functionality or other characteristics of the app. BW can change the app at any time and remove functions in whole or in part or add additional functions to the app.
No promise of availability
BW may restrict or discontinue the operation of the app at any time. You have no claim to the continued availability of the app, neither with regard to individual functions nor with regard to the system as a whole.
Changes to the terms of use
BW reserves the right to amend these terms of use. If you do not agree to the amended terms of use, you will no longer be able to use the app and must delete the app from your device.
6. No warranty
BW determines the functions of the app and its design. BW does not agree a specific quality with you and you have no claim to the app having certain functions or being designed in a certain way. The app is made available in the condition and with the functions as they are implemented by BW when the app is published in the Apple App Store or on Google Play.
BW will take reasonable care in making the App available. BW makes no other promises or representations with respect to the App and, in particular, does not warrant that:
- your use of the app will be possible or error-free without interruption,
- the app will be free from loss, corruption, attacks, viruses, intrusions, hacking or other security-related malfunctions.
You are responsible for the data backup of your end device and any associated systems, including the data backup of all other apps stored on your end device.
7. Special conditions for the iOS version of the app
The following terms and conditions apply to the purchase of the app via the Apple App Store and the use of the app under the iOS operating system.
Maintenance and support
BW, as the publisher of the App, is solely responsible for the maintenance and support of the App in accordance with these Terms of Use. Apple assumes no obligation to provide any maintenance and support services in relation to the App.
No liability of Apple for malfunctions
In the event of malfunctions of the app, you are free to inform Apple of this. To the extent permitted by law, Apple has no further obligations due to malfunctions of the app.
Product liability
Apple is not responsible for any claims by you or any third party relating to the App or its possession or use, including
- Claims due to product liability,
- claims on the basis that the app does not comply with applicable legal or regulatory requirements and
- Claims under consumer protection and data protection laws or similar laws,
including in connection with the use of the HealthKit and HomeKit frameworks.
Infringement of third-party property rights
In the event that any third party asserts a claim that the App or your possession or use of the App infringes any Intellectual Property Rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such Intellectual Property Rights infringement claim.
US embargoes and sanctions
By accepting these terms of use, you confirm that,
- you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist supporting” country; and
- that you are not listed as a Prohibited or Restricted Party by the United States Government.
Third party beneficiary of Apple
You acknowledge and agree that Apple is a third party beneficiary under these Terms of Use and therefore Apple may enforce these Terms of Use against you. The modification and termination of these Terms of Use, including Apple’s rights hereunder, are reserved by the parties and do not require Apple’s consent.
8. Final provisions
Intended use / blocking in the event of misuse
You may only use the app as intended. BW reserves the right to exclude you from using the app if you misuse it.
Third party services
If you use third-party services in connection with the use of the app, in particular the services of telecommunications service providers for the provision of a data connection, you are responsible for the associated costs and compliance with the respective contractual conditions.
Applicable law
These Terms of Use are subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which you as a consumer have your habitual residence, remain unaffected.
Partial ineffectiveness
These Terms of Use shall remain binding in their remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would constitute an unreasonable hardship for one of the contracting parties, however, the Terms of Use shall become invalid as a whole.
B. Privacy policy
Version overview
Current version
V 2.0, status 07.12.2023
This privacy policy explains how your data is processed and what data protection rights you have when you use the Buchinger Wilhelmi Amplius app.
To ensure that this text is understandable for all users, we have endeavored to keep it simple and as non-technical as possible.
1. Who is the publisher of the Buchinger Wilhelmi Amplius app?
This app is published by Buchinger Wilhelmi Development & Holding GmbH together with Klinik Buchinger Wilhelmi GmbH and Clínica Buchinger Wilhelmi S.A. (hereinafter jointly referred to as “BW”). BW is also jointly responsible for ensuring that your personal data is processed in accordance with data protection regulations.
2. Who is the app aimed at?
The app is aimed at:
a. Guests at the clinics in Überlingen and Marbella
b. Buyers / users of the FASTING BOX
c. Study participants in scientific studies
3. What functions does the app have and what is your data processed for?
3.a. Stay in our clinics
The app facilitates the preparation of your stay, increases the quality of your treatment with us and is intended to optimize the follow-up of the cure.
The app offers the following functions in particular:
- Before your stay, you will be prepared for your treatment in our clinics in the best possible way via the app by changing your diet and lifestyle in order to get the most out of your stay.
- We use your data in particular to plan and carry out treatment tailored to your individual needs. In addition to medical examinations, this includes in particular the preparation of therapy proposals, treatment by our specialist medical staff and the monitoring of your health during your stay.
- During your stay with us, the app serves to impart knowledge and improve the quality of processes. For example, based on your health data, you can receive personalized recommendations for sports and/or nutrition. In future, it will also be possible to view the progression of your health data (e.g. weight, blood pressure) via the app and track its progression during the cure yourself.
- After your stay in our clinics, the app accompanies you back into your everyday life and helps you to consolidate the success of your cure with us with information from the fields of science and behavioral psychology, for example, with cooking, meditation and sports videos as well as daily explanations on healthy living and helps you to continue working on your goals.
3.b. FASTING BOX
The app can be used to digitally accompany the FASTING BOX experience and beyond.
The app offers the following functions in particular:
- Before the FASTING BOX experience, the app will prepare you for the experience in the best possible way by changing your diet and lifestyle in order to get the most out of it.
- During the FASTING BOX experience, the app is used to impart knowledge and improve the quality of the experience. In future, it will also be possible to view the progression of your health data (e.g. weight, blood pressure) via the app and track its progression during the FASTING BOX experience yourself.
- After the FASTING BOX experience, the app accompanies you back into your everyday life and helps you to consolidate the success of the FASTING BOX experience with recipes, information from the fields of science and behavioral psychology, with further cooking, meditation and sports videos as well as daily explanations on healthy living and helps you to continue working on your goals.
3.c. Scientific studies
BW also uses the app in the context of scientific studies to support the study participants during the study, in particular to collect data from the study participants and to inform the study participants about the further course of the study.
4. Is the use of the app voluntary?
The use of the app is voluntary. It is entirely up to you whether you install the app, which app functions you use and whether you share data with others. If you do not give your consent or subsequently withdraw it, you will not suffer any disadvantages.
5. On what legal basis is your data processed?
Your data will only be processed in connection with the functions of the app on the basis of your consent. The legal basis in each case is Art. 6 para. 1 sentence 1 lit. a GDPR and, in the case of health data, Art. 9 para. 2 lit. a GDPR. Information on your right of withdrawal can be found under point 12.
6. What data is processed?
Input in the app by the user as part of the BW ID account creation and input by the user via questionnaires in the app:
- Master data
- Contact details
- General health information
- Residence data or program data
- Other data relevant to treatment and support
7. When will your data be deleted?
7.a. Stay in our clinics
Upon deletion of the BW ID account by the user, in case of inactivity at the latest 3 years after the last active use. For analysis and research purposes, the data is used in anonymized form for an unlimited period of time.
7.b. FASTING BOX
Upon deletion of the BW ID account by the user, in case of inactivity at the latest 3 years after the last active use. For analysis and research purposes, the data is used in anonymized form for an unlimited period of time.
7.c. Scientific studies
When they are no longer needed for study purposes, but after 10 years at the latest.
8. Who processes your data or to whom is your data passed on?
8.a. Stay in our clinics
The clinics in Überlingen and Marbella are responsible for the use of the app during your stay in our clinics.
8.b. FASTING BOX
Buchinger Wilhelmi Development & Holding GmbH is responsible for selling the FASTING BOX and providing support during the program.
8.c. Scientific studies
Scientific studies usually involve Buchinger Wilhelmi Development & Holding GmbH as study coordinator and the clinics in Überlingen and Marbella as test centers. In some cases, external cooperation partners are also involved in scientific studies. Specific information is provided in the study information / participant information for the respective study.
8.d. Development and operation of the app
The app is developed and operated by Buchinger Wilhelmi Development & Holding GmbH.
8.e. Hosting service provider
The background system of the app is hosted by a hosting service provider with whom BW has concluded a corresponding agreement on order processing.
9. Anonymized analysis of user behavior
When you use the app, we automatically collect certain data that is required for the use of the app. This includes, for example, time, duration and clicks. We use this data anonymously to improve the functions and performance features of the app and to prevent and eliminate malfunctions.
10. Will your data be transferred to countries outside the EU?
The data transmitted by the app is processed exclusively on servers in Germany or in another country in the EU (or the European Economic Area), which are therefore subject to the strict requirements of the General Data Protection Regulation (GDPR).
11. How can you withdraw your consent?
You have the right to withdraw your consent to BW at any time with effect for the future; the contact details can be found in section 12. However, if the respective processing of your data has already been carried out, the processing can no longer be reversed.
12. What other data protection rights do you have?
If BW processes your personal data, you also have the following data protection rights:
- the rights under Articles 15, 16, 17, 18, 20 and 21 GDPR,
- the right to contact BW’s external data protection officer and raise your concerns (Art. 38 (4) GDPR) and
- the right to lodge a complaint with a supervisory authority for data protection. To do so, you can either contact the competent supervisory authority in your place of residence or the authority responsible for BW.
13. Contact and data protection officer
If you have any questions or concerns about data protection, you can contact the
Buchinger Wilhelmi Development & Holding GmbH
Wilhelm-Beck-Straße 27
88662 Überlingen
Germany
Phone: +49 7551/807-0
Fax: +49 7551/807-889
E-mail: info@buchinger-wilhelmi.com
or contact BW’s external data protection officer:
RA Ulf Neumann, LL.M.
Lederstraße 134
72764 Reutlingen
Germany
Phone: +49 7121/347654-0
Fax: +49 7121/347654-9
E-mail: info@neumann.law