A. Terms of use
V 1.0, last updated 29 March 2022
Important This version of the Terms of use is an outdated version for documentation purposes. Click here for the current version of the Terms of use.
1. General Information
The publisher of the app is
Klinik Buchinger Wilhelmi GmbH
Wilhelm-Beck-Strasse 27
88662 Überlingen
(hereinafter referred to as ‘BW’)
The app is developed and operated by
Buchinger Wilhelmi Development & Holding GmbH
Wilhelm-Beck-Strasse 27
88662 Überlingen
If you have any questions and suggestions relating to the app and these terms of use, you can contact BW by emailing appsupport@buchinger-wilhelmi.com.
Please read these terms of use carefully. These terms of use govern your use of the app, including the use of any future versions (patches, updates and upgrades) (‘app’) that are currently or will in the future be provided by BW in connection with the app. You can access these terms of use at any time under “Home > Profile > Terms and conditions” in the app and at https://www.buchinger-wilhelmi.com/en/legal-amplius-app/#A_Terms_of_use. The separate privacy policy (see under “Home > Profile > Privacy Policy” in the app and https://www.buchinger-wilhelmi.com/en/legal-amplius-app/#B_Privacy_policy) does not form part of these terms of use. Nevertheless, please also read the privacy policy carefully.
The app is available from Apple’s App Store for use on iOS devices and from Google Play for use on Android devices. General terms of use for applications from Apple or Google do not apply in the relationship with BW. BW is solely responsible for the content of the app, for maintaining the app 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 you must delete it again). Any rights under open source licences in relation to the app’s source code remain unaffected.
You are also responsible for compliance with these terms of use if you provide the terminal device that you have installed the app on to third parties and they use the app.
The app is aimed at guests who are at least 18 years old.
2. What functions does the app have?
The Buchinger Wilhelmi Amplius app facilitates the preparation of your stay, increases the quality of your treatment with us and is designed to optimise the follow-up to your treatment.
To this end, the app offers the following functions in particular:
- Before your stay, you will be prepared for your course of treatment in our clinics in the best possible way using the app by changing your diet and lifestyle habits, so that you can derive the greatest benefit from fasting.
- We use your data in particular to plan and implement a treatment process that is individually adapted to you. In addition to medical examinations, this particularly includes preparing treatment proposals, treatment by our medical specialists and monitoring of your health during fasting.
- During your stay with us, the app will be used to transfer knowledge, as well as to improve the quality of processes. For example, based on your health data, you may receive individually tailored recommendations with regard to physical activity and/or nutrition. In addition, it will be possible in the future to view the progress curves of your health data (e.g. weight, blood pressure) using the app and to track their progress during the course of fasting treatment yourself.
- After your stay in our clinics, the app will accompany you back into your everyday life, help to consolidate the success of the course of treatment with us and assist you with continuing to work on your goals with the likes of information from the fields of science and behavioural psychology, with cooking, meditation and physical activity videos, as well as daily explanations relating to healthy living.
Technical description of the app
The app’s technical functions are described in detail at: https://www.buchinger-wilhelmi.com/en/infos-amplius-app/#Technical_functions_of_the_app
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 with regard to the app.
Further information
Further information about the app can be found at: https://www.buchinger-wilhelmi.com/en/infos-amplius-app/
This further information is for explanatory purposes only and does not form part of these terms of use.
3. Requirements for use of the app
The following technical requirements are necessary for using the app:
You need a data connection
Certain app functions are only available if your terminal device has a data connection to the internet (e.g. over UMTS, LTE or WiFi). Without a data connection, some or all of the app’s functions will be unavailable. This also applies if you switch your terminal device to flight mode or switch it off.
Detailed instructions for setting up the app on iOS and Android devices can be found at https://www.buchinger-wilhelmi.com/en/infos-amplius-app/#Downloading_the_app. The instructions are for explanatory purposes only and do not form part of these terms of use.
You must always use an up-to-date 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. Malfunctions and faults may occur if you use older versions. If an update is absolutely essential, you will be informed to this effect when you launch the app.
You need current versions of iOS and 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 licence to use the app for your personal, non-commercial purposes.
The licence for the iOS version of the app includes use on any Apple device that you own or control, subject to the App Store’s applicable terms of use, and may also be accessed and used through other Apple accounts linked to your Apple account through Family Sharing or the Volume Purchase Program.
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 (9) and any other rights to the app that Buchinger Wilhelmi Development & Holding GmbH has contractually granted to BW.
Open source licence notes
For information about the use of third-party components in the app and the applicable licence terms, please refer to the open source licence notes in the app.
The licence provisions applicable to third-party components contained in the app will remain unaffected by the granting of rights under (9).
Impermissible conduct
You must not tamper with or modify the app.
You must not misuse the app.
5. Important information concerning availability and modifications
No claim to specific functionality
The app is made available to you as it is issued by BW. BW does not guarantee the functionality of the app and does not agree with you on any particular condition. You have no right to any particular functionality or otherwise to the app. BW may modify the app at any time and remove features in whole or in part or add additional features to the app.
No availability promise
BW may restrict or discontinue 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.
Modification of the terms of use
BW reserves the right to modify these terms of use. If you do not agree to the modified terms of use, you can no longer use the app and must delete the app from your terminal device.
6. No warranty
BW determines the app’s functions and its design. BW does not agree with you on any particular condition, and you have no right to demand that the app has certain functions or that they are designed in a certain way. The app is made available in the condition and with the functions as implemented by BW when the app is published in the Apple App Store or on Google Play.
BW will provide the app with reasonable care. BW makes no other promises or pledges with respect to the app and, in particular, does not warrant that:
- You will be able to use the app without any interruptions or errors.
- The app will be free from loss, corruption, attack, viruses, tampering, hacking or other security-related interference.
You are responsible for backing up your terminal device and any associated systems, including any other apps stored on your terminal device.
7. Special conditions for the iOS version of the app
The following terms and conditions apply to purchasing the app through the Apple App Store and use of the app under the iOS operating system.
Maintenance and support
As the publisher of the app, BW is solely responsible for the app’s maintenance and support in accordance with these terms of use. Apple assumes no obligation to provide any maintenance or support services with respect to the app.
Apple is not liable for faults
If any faults occur in the app, you are free to inform Apple to this effect. To the extent permitted by law, Apple has no further obligations due to faults in the app.
Product liability
Apple is not responsible for any claims that you or any third party may have in relation to the app or its possession or use, including
- Claims due to product liability,
- Claims based on the fact 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 relation to the use of the HealthKit and HomeKit frameworks.
Infringement of third-party property rights
In the event that a third party asserts a claim of infringement due to the app or due to your possession or use of the app, Apple will not be responsible for the investigation, defence, settlement or discharge of any such claim of infringement.
US embargoes and sanctions
By accepting these terms of use, you are confirming that
- you are not in a country that is subject to an embargo by the Government of the United States of America or that has been designated by the Government of the United States of America as a ‘terrorist-supporting’ country; and
- you are not on a list maintained by the Government of the United States of America as a ‘prohibited or restricted party’.
Apple’s status as a third-party beneficiary
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 waiver of these terms of use, including Apple’s rights hereunder, are reserved to the parties and do not require Apple’s consent.
8. Final provisions
Intended use / blocking in the event of improper use
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 using the app, particularly services provided by telecommunications service providers for the provision of a data connection, you are responsible for the associated costs and compliance with the respective contractual terms.
Applicable law
These terms of use are subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods (CISG) does not apply. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, will remain unaffected.
Partial invalidity
These terms of use will remain binding in their remaining parts even if individual points are legally invalid. The invalid points will be replaced by the statutory provisions, if any. However, insofar as this would constitute an unreasonable hardship for a contracting party, the terms of use will become invalid as a whole.
B. Privacy policy
V 1.0, last updated 29 March 2022
Important This version of the Privacy policy is an outdated version for documentation purposes. Click here for the current version of Privacy policy.
We – i.e. Buchinger Wilhelmi clinics and Buchinger Wilhelmi Development & Holding GmbH (hereinafter referred to as ‘Development Holding’) – further process your personal and also medical data in various contexts, particularly when you use our app. Based on the General Data Protection Regulation (GDPR), we would like to inform you of the purposes for which we collect, store or share your data for our app and the data warehousing and what legal basis applies to this.
In principle, the Buchinger Wilhelmi clinic where you are staying (hereinafter referred to as the ‘clinic’) is responsible for processing your data. In Germany, this is the Klinik Buchinger Wilhelmi GmbH clinic in Überlingen and, in Spain, the Clinica Buchinger Wilhelmi SA clinic in Marbella. Insofar as data is processed for operating and developing the app or for research purposes, the clinic and Buchinger Wilhelmi Development & Holding GmbH (hereinafter jointly referred to as ‘we’) are jointly responsible for processing your data.
1. What personal data is processed?
With your consent, we collect and process your personal and health data (hereinafter collectively referred to as ‘data’). This data may include
- Master data, particularly your name, title and date of birth
- Contact details, particularly your address, telephone number and email address
- General health information, particularly your weight, BMI, height, blood pressure, temperature and pulse
- Dates of stay, particularly your admission and discharge dates, the length of your stay, your room category, dates of fasting and total number of stays
- Treatment data, particularly treatment recommendations, activities carried out, findings and, in each case, the date / time and duration of treatment
- Your medical history, particularly your medication, current medical complaints, previous illnesses and reasons for treatment
- Blood values, particularly erythrocyte sedimentation rate, erythrocytes, haematocrit, haemoglobin, leukocytes, thrombocytes, prothrombin time, glucose, HOMA index, alkaline phosphatase, gamma-GT, cholesterol values, triglycerides, calcium, potassium, magnesium, sodium, uric acid, urea, urine status and vitamin D-25
- Other treatment-related data, particularly your alcohol consumption, other consumption toxins, food intolerances and allergies
2. Why is my data processed?
We use your data for the following purposes:
Developing and operating our app
Provided that we have your express consent in accordance with Art. 6 (1), sentence 1, (a) and Art. 9 (2) (a) of the GDPR, we will use your data for the development and operation of our app, which is intended to facilitate the preparation of your stay with us, to increase the quality of your treatment with us and to optimise the follow-up to the course of treatment. To this end, the app offers the following functions in particular:
- Before your stay, you will be prepared for your course of treatment in our clinics in the best possible way using the app by changing your diet and lifestyle habits, so that you can derive the greatest benefit from fasting.
- We use your data in particular to plan and implement a treatment process that is individually adapted to you. In addition to medical examinations, this particularly includes preparing treatment proposals, treatment by our medical specialists and monitoring of your health during fasting.
- During your stay with us, the app will be used to transfer knowledge, as well as to improve the quality of processes. For example, based on your health data, you may receive individually tailored recommendations with regard to physical activity and/or nutrition. In addition, it will be possible in the future to view the progress curves of your health data (e.g. weight, blood pressure) using the app and to track their progress during the course of fasting treatment yourself.
- After your stay in our clinics, the app will accompany you back into your everyday life, help to consolidate the success of the course of treatment with us and assist you with continuing to work on your goals with the likes of information from the fields of science and behavioural psychology, with cooking, meditation and physical activity videos, as well as daily explanations relating to healthy living.
3. Where is my data collected from?
We collect the relevant data from you personally, based on the likes of the information you provide in the registration form and based on the data you enter yourself in the app. We also collect health data from doctors and medical specialists at our clinics.
4. Who has access to my data?
First of all, you have access to your data yourself. In particular, you will be able to view and track the progress of your health data, such as blood pressure, weight, lab values, etc., and track your activities in the future using a dashboard in the app.
Doctors and medical specialists at our clinics also have access to your data, including health data, insofar as they are involved in your treatment. Our staff are subject either to what is known as ‘professional secrecy’ or to a contractual duty to maintain confidentiality. Confidential handling of your data is guaranteed at all times.
For the development and operation of the app, as well as for internal and external research purposes, we transfer data to our parent company (Development Holding) subject to your consent. A limited number of Development Holding employees, who are also subject to a contractual duty to maintain confidentiality, have access to the data – to the extent necessary for this purpose – to ensure the development and operation of the app and to evaluate the data for the research purposes described.
For the specified processing purposes, service providers and vicarious agents that we engage (particularly IT service providers) may also have access to personal data; these service providers and vicarious agents are either subject to statutory duties to maintain confidentiality (pursuant to Section 203 (3) and (4) of the German Criminal Code (StGB) in Germany) or have contractually undertaken to maintain confidentiality to the extent required by law.
Any further (automatic) access to the data stored in our clinic systems does not take place. We may otherwise use and disclose your information only if you have given your consent.
5. How long will my data be stored for?
We generally erase personal data when the purpose for storing the same ceases to apply. A continuing purpose may particularly exist if the data is still needed to provide contractual services or to be able to examine and grant or defend against claims asserted by patients. We will erase data processed based on your consent as soon as you revoke your consent, subject to legal or contractual obligations to retain data. We check at regular intervals whether the purpose of storage has ceased to apply or whether retention is still necessary.
In the case of statutory retention obligations, which in the case of health data may range from 10 to 30 years, erasure is only considered once the respective retention periods have elapsed.
In the case of processing and storage of data for scientific purposes, we erase personal data after 10 years in accordance with the recommendations set out by the German Research Foundation (DFG).
6. What rights do I have?
You have various rights vis-à-vis us. We would like to inform you of them below. You can also find details of your rights in Arts. 15 to 21 of the General Data Protection Regulation (GDPR). The supplementary provisions set out in national law are given in Sections 32 to 37 of the German Federal Data Protection Act (BDSG) for Klinik Buchinger Wilhelmi GmbH in Überlingen and in Art. 18 of Law 41/2002 dated 14 November 2002, which regulates patient autonomy and rights and obligations relating to clinical information and documentation, for Clinica Buchinger Wilhelmi SA in Marbella.
To assert your rights, please (informally) contact:
Überlingen site
Klinik Buchinger Wilhelmi GmbH
Wilhelm-Beck-Str. 27
88662 Überlingen (Germany)
T +49 (0)7551 807-0
info@buchinger-wilhelmi.com
Marbella site
Clinica Buchinger Wilhelmi SA
Avda. Buchinger 15
29602 Marbella (Spain)
T +34 (0)952 76 43 00
clinica@buchinger-wilhelmi.es
Right of access and right to a copy of data
You have the right to receive information from us about whether we process data about you, what data we process about you and what recipients or categories of recipients your data has been or will be disclosed to. We can also provide you with a copy of this data.
Right to rectification
You have the right to have us rectify without delay any information about you that is not or is no longer accurate. You have the right to request that your incomplete personal data be completed.
Right to erasure
You have the right to request that we erase your personal data without delay if one of the following grounds applies:
- Your data is no longer necessary for the purposes for which it was collected or otherwise processed or the purpose has been achieved;
- You revoke your consent and there is no other legal basis for processing;
- Your personal data has been processed unlawfully;
- The erasure of your personal data is necessary for compliance with a legal obligation under Union or national law that we are subject to.
Please note that your right to erasure may be restricted by law. This particularly includes the restrictions listed in Art. 17 of the GDPR and Section 35 of the German Federal Data Protection Act (BDSG).
Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions is met:
- You dispute the accuracy of your personal data for a period of time that allows us to verify the accuracy of the personal data;
- Processing is unlawful and you object to the erasure of the personal data and instead request that the use of your personal data be restricted;
- We no longer need your personal data for the purposes of processing, but you need the same to assert, exercise or defend legal claims; or
- You have objected to the processing as long as it has not yet been determined whether our legitimate interests take precedence over yours.
If you have obtained a restriction on processing in accordance with the above list, we will inform you before the restriction is lifted.
Right of revocation of consent
As a data subject under the GDPR, you may revoke the consent you gave to us at any time with effect for the future. If you revoke your consent, the lawfulness of the data processing carried out up until that point in time will not be affected.
Right to data portability
You have the right to receive your records in a commonly used, machine-readable format and to transfer the same to others. Details and restrictions can be found in Art. 20 of the GDPR. Exercising this right will not affect your right to erasure.
Rights to lodge a complaint with the supervisory authority
If you believe that our processing of your data violates the applicable data protection law, you have the right to lodge a complaint with one of the competent supervisory authorities (i.e. the respective supervisory authority in the member state of your place of residence, your place of work or the place of the alleged data protection violation). The supervisory authorities responsible for our clinics are:
Überlingen site
Baden-Württemberg State Commission for Data Protection and Freedom of Information
Königstrasse 10a
70173 Stuttgart
Germany
Marbella site
Agencia Española de Protección de Datos
Calle Jorge Juan 6
28001 Madrid
Spain
7. Who can I contact if I have any questions?
Controllers:
Überlingen site:
Klinik Buchinger Wilhelmi GmbH
represented by Leonard Wilhelmi
Wilhelm-Beck-Str. 27
88662 Überlingen (Germany)
T +49 (0)7551 807-0
info@buchinger-wilhelmi.com
Marbella site:
Clinica Buchinger Wilhelmi SA
represented by Victor Wilhelmi
Avda. Buchinger 15
29602 Marbella (Spain)
T +34 (0)952 76 43 00
clinica@buchinger-wilhelmi.es
Data Protection Officer(s):
Überlingen site:
Mr Ulf Neumann, LL.M. (lawyer)
Lederstrasse 134
72764 Reutlingen
Germany
Tel.: +49 (0)7121 347654-0
Fax: +49 (0)7121 347654-9
Email: info@neumann.law
Marbella site:
Ivan González
Privacidad Global S.L.
T +34 (0)951 51 64 19
dpo@buchinger-wilhelmi.es
8. Update
We reserve the right to adapt the content of this privacy policy at any time. This usually takes place when we are further developing or adapting our services.