General Terms and Conditions
(T&Cs) of SOFY GmbH (Product edupression.com®)1. General
1.1 SOFY GmbH (hereafter “SOFY”) is a registered company in the Austrian Commercial Register under the number FN 488003 b, which provides a (fee-based) platform with Products in the field of depression treatment (hereafter „Products“) under the trademark edupression.com®, under the web address https://edupression.com (hereafter “Website”) and via mobile applications. The platform principally provides self-help-programs with psychoeducational content (hereafter „psychoeducation“) as well as a mood chart. In addition, SOFY also provides certain free information and Products (hereafter „Free Products“). The Products are presented in more detail in the service description under Clause 3. of these terms and conditions and on the Website, in particular.
1.2 The Products and Free Products provided by SOFY are not a substitute for medicinal or psychotherapeutic treatments.
1.3 Should you currently be experiencing suicidal thoughts, have plans to commit suicide, or if these occur while using our Products or Free Products, you must immediately contact a psychiatric outpatients department, a known emergency number (especially an ambulance service) or a psychiatrist. Our Products and Free Products are not appropriate for these situations.
1.4 SOFY provides Products and Free Products exclusively for adult individuals. The use of Products or free Products by underage individuals requires the prior agreement of the parent or guardian of the underage individual.
2. Scope
These General Terms and Conditions (T&Cs) apply to all Products and Free Products provided by SOFY in the domain edupression.com®. SOFY only makes contracts with customers and provides Products and Free Products to Users if these T&Cs, in their respective version are applied. These T&Cs apply, as amended, at the time the contract is made. It is requested that the User reads through these T&Cs carefully before using Products and Free Products.
3. Service Description
3.1 Products provided by SOFY to Users currently include, among others, the digital medical device and self-help-program “Psychoeducation”, the digital medical device mood chart and a supervised forum. Furthermore, SOFY provides a cockpit (dashboard) for Users and depression specialists (experts in the field of depression treatment, e.g. doctors, psychologists, psychotherapists). . Free Products currently include a subject-specific newsletter, certain contents of the self-help-program and a simplified version of the mood chart. More detailed information is available on the Website. Products ordered by the customer in the booking process are each an integral part of the contract between SOFY and the User. The provision of Free Products can be suspended, limited or changed at any time by SOFY without giving reasons.
3.2 The conclusion of a contract between SOFY and the User on the basis of these T&Cs does not establish a contractual relationship between the depression specialists and the Users. Furthermore SOFY does not mediate the conclusion of a contract between the depression specialists and the User. The depression specialist and the User must independently conclude a medical treatment contract. The contractual relationship between SOFY and the depression specialists on the basis of the General Terms and Conditions (T&Cs) of SOFY GmbH (Product edupression.com®) – for depression specialists remains unaffected from the contract between SOFY and the User.
4. Formation of Contract
4.1 A contract is made between SOFY and the User when the User books one or more Products or Free Products.
4.2 Before a contract is made, the User must sign up and create a user account on the Website or the mobile application of SOFY in the course of making their order (booking). The User must enter his or her email address and select a password. It is the duty of the User to keep their password secret and to secure it sufficiently against unauthorized access by third parties. In the event of ordering (paid) Products, the User must enter certain additional data (as shown on the Website), in particular, the data required for payment processing. The information given must be truthful. SOFY has the right to decline the registration of Users without giving reasons. During the registration the user account will be created. After registration, the User will receive confirmation of the receipt of registration. Upon transmission of the confirmation, the contract for the provision of the Products and the Free Products is concluded.
5. Prices and Payment Terms
5.1 The prices for the provision of Products are available on the Website. The prices and conditions published on the Website at the time the contract is made apply. The price quoted includes the statutory value added tax and other price components and is immediately due for payment when the contract is made. If a subscription is made, payment is made monthly in advance.
5.2 The payment options mentioned on the Website are available to the User.
5.3 In the event that SOFY has entered into a contractual agreement – with respect to the provision of Products – with a company, health insurer, other legal entity or depression specialist (hereafter „third-party buyer“), and a User is an employee or beneficiary of the third-party buyer, the User in question can use the Products for free. In this case, the terms of use for the Products will be agreed between the User and the third-party buyer and in the contract between SOFY and the third-party buyer. Apart from the regulations in point 4. below, in this case, the T&Cs also apply, unchanged, to the relationship between SOFY and the User.
5.4 In the event of late payment, the User is liable for the payment of statutory default interest on the total amount owed. Furthermore, to the extent permitted by the law, the User owes the reimbursement of the reasonable and necessary judicial and extrajudicial collection measures.
6. Right of Withdrawal
6.1 The User has the right to withdraw from the contract without giving any reasons within 14 days from the day of the conclusion of the contract. For the purpose of exercising the right of withdrawal, the User must provide SOFY with a corresponding unequivocal declaration of the decision to withdraw from this contract (for example, by post, fax or email). To meet the withdrawal deadline, it is sufficient that the User sends the declaration exercising the right to withdraw before the withdrawal period has expired. Users can use the model withdrawal form available on the Website.
6.2 The withdrawal notice must be sent to SOFY using the following contact details:
SOFY GmbH,
Am Renninger 8,
3400 Klosterneuburg, Austria
Telefon: +43 676 4760299
E-Mail: info@sofy.group
6.3 If a User withdraws this contract, SOFY will refund all payments already received from this User without undue delay, and in any event not later than fourteen days from the day on which SOFY is informed about the User´s decision to withdraw from this contract. Except in the case of a specific alternative agreement, SOFY will use the same method of payment used by the User to make the repayment. SOFY will not charge any fees for repayment.
6.4 However, the right to withdraw expires early on the purchase of Products if SOFY – with the User´s prior express consent and his acknowledgment that he loses his right of withdrawal if the performance of the Products by SOFY has begun early and after provision of a copy or confirmation of the contract concluded on a durable medium (e-mail) together with the mentioned confirmation of the User´s prior express consent and the User´s acknowledgement of the loss of the right of withdrawal – has begun with the performance of the Products before the withdrawal period has expired.
During the order process the User confirms the following passage: “I expressly agree, that you begin with the performance of the Products before the expiry of the withdrawal period. I acknowledge that I lose my right of withdrawal with giving this consent and the beginning of the performance of the Products by SOFY before the expiry of the withdrawal period and after provision of a copy or confirmation of the contract concluded on a durable medium (e-mail) together with the mentioned confirmation of my prior express consent and the acknowledgement of the loss of the right of withdrawal.”
7. User Responsibilities
7.1 Users must provide the necessary hardware and software for the use of the Website and Products as well as Free Products along with the necessary internet access and telephone connection.
7.2 Users must comply with all applicable statutory or other legal regulations and all obligations under these T&Cs when using the Products and Free Products. In particular, Users must refrain from the following:
The storage, publication and transmission of illegal content or content that violates the rights of third parties, in particular copyright or ancillary copyright, other property rights or personal rights;
The unlawful intimidation, abuse, discrimination or harassment of others on the basis of gender, race, religion or beliefs;
The storage or transmission of the personal data of other Users insofar as the persons concerned do not agree with it or no legal authorization exists;
The use of Products or Free Products for committing criminal or unlawful acts (e.g. spamming, hacking etc.);
The misuse of Products or Free Products with fraudulent intentions or acquiescence to misuse by third parties;
The granting of access to the user account of the User to third parties or giving permission to third parties to repeatedly use Products or Free Products without the prior consent of SOFY.
In case of a violation of a contractual obligation of the User (in particular according to this Point 7 and Point 10), SOFY is entitled to block the access to the User account until the contractual state is restored.
8. Changes to Customer Data, Receipt of Declarations
8.1 The User is obliged to inform SOFY immediately the loss of their contractual capability.
8.2 Should the User not receive declarations because he no longer uses SOFY via the e-mail address listed in item 4.2. for the user account and has not made changes to this electronic address, and SOFY has sent declarations to it, these declarations will still be deemed to have been received by the User. This term does not apply to Consumers.
8.3 Legally significant declarations from SOFY may also be communicated to the User via text message, via posts in the activity feed of the user account or to an e-mail address provided by the Customer for this purpose.
9. Liability
9.1 In case that the User entered into a medical treatment contract with a depression specialist in course of which the Products and/or Free Products are used, SOFY shall not be liable for damages or every kind of costs, which may be caused to the User arising from the contractual relationship with the depression specialist. Furthermore, SOFY shall not be liable for the depression specialist´s compliance with any public law obligations to which he is subjected when providing the services (e.g. data protection law).
9.2 Products and Free Products provided by SOFY are also used by other Users. SOFY always endeavours to ensure that Products are available without disruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. The User’s access to the Website or user account may also occasionally be disrupted or restricted to allow for repair, maintenance or the installation of news facilities and Products. Therefore the User does not have the right of uninterrupted availability or permanent functionality of the Products and Free Products.
9.3 Provided that nothing else is regulated in these T&Cs, SOFY is only liable with the exception of damage to the person in the case of intent or gross negligence. The individual medical response to the therapy depends on a wide range of influencing factors and cannot be guaranteed in individual cases, as is the case with drug therapy.
The individual medical response to the therapy depends on a wide variety of influencing factors and – as with drug therapy – cannot be guaranteed in individual cases.
9.4 In cases of slight negligence, liability shall be limited to foreseeable damage typical of the contract, according to reason and amount.
9.5 Liability is completely excluded in the case of the provision of Free Products
10. Copyright and Industrial Property Rights
10.1 The Products, Free Products, Website, underlying software and database and other content provided by SOFY are protected by copyright. The adaptation, reproduction, distribution and every kind of exploitation by the User requires the prior written consent of SOFY. Downloads and copies of the Website are only permitted for contractual use. Copying, sharing, sending or publishing information and data in any form is therefore prohibited, unless the Website explicitly offers such a function.
10.2 SOFY grants the User the non-exclusive and non-transferable right to use the Website and Products, as well as Free Products, subject to compliance with these T&Cs and all other applicable and any other contractual terms. The right of use of the program expires at the end of the contract period. The User is not authorized,
to grant access to third parties, in particular to lease, lend, reproduce, resell or in any other way distribute and transfer;
to use the Products as well as Free Products for commercial or business activities, in particular for the provision of services for third parties in return for payment;
to activate and use functionalities of the Website or Products, as well as Free Products, for which he or she was granted no rights of use;
to modify, translate, duplicate, decompile or examine the features of the source code of the Website or Products and Free Products, except as permitted by law.
11. Term and Termination
11.1 The term of the contracts between SOFY and the User for (paid) Products is always regulated on the Website. Temporary Products end after the expiry of the respective term specified on the Website for the Product concerned (for example, after the duration of the learning modules). Permanent Products (for example, the provision of the mood chart) can be terminated without a specific form by both parties at any time, subject to a notice period of 2 weeks. For reasons of data minimization and data protection, free products (free trial accounts) can be deleted by SOFY after 3 weeks of inactivity.
11.2 The right to early extraordinary termination by both parties for good cause remains unaffected. Good causes for an extraordinary termination by SOFY include, among others, breaches of duty of the User in accordance with Clause 7.
12. General Regulations
12.1 Should individual provisions of these T&Cs be or become ineffective or should a significant item not be regulated, the validity of the remaining terms remains unaffected.
12.2 These terms and conditions are subject to the application of Austrian law. The rules of international private law and the UN Sales Convention are not applicable, provided that there are no constraining conflict-of-law rules.
12.3 The place of jurisdiction for all claims arising from a contractual relationship with SOFY is, to the extent legally permissible, the competent court in Klosterneuburg, Austria. For claims concerning a contract between SOFY and a consumer within the meaning of the Austrian consumer protection law, the agreed place of jurisdiction shall be deemed to be that in which the consumer has their domicile, habitual residence or place of employment.
Explore Edupression
Our vision at edupression.com® is to create a place, where all depressed people feel they are in good hands - empowering them to beat depression!
Introduction
We at SOFY GmbH, Am Renninger 8, 3400 Klosterneuburg, Austria, info@sofy.group, (hereinafter referred to as "SOFY", "we" or "us") have set ourselves the goal of building edupression.com® exclusively on the foundation of evidence-based medicine. People in a difficult time for them should be given the opportunity to experience online self-help and to build up competence, accompanying the existing forms of therapy psychotherapy and psychotropic drugs. Our claim is to be scientific and use the highest technical level. Therefore, the protection of the personal data of our customers (users) and interested parties is of particular concern to us, even in this sensitive area. We process this data exclusively on the basis of the strict legal regulations in force in the European Union and Austria (EU-GDPR, öDSG 2021, TKG 2021 in German).
Registration and use of edupression.com®
In order to use edupression.com® as an online platform and medical product, thus on the basis of Art 6 para. 1 lit b GDPR, users must register (name, password, valid e-mail address). In the obligatory onboarding process (with online instructions for use) the user must also confirm that there are no urgent suicide thoughts or plans.
When registering, they must also expressly consent to the processing of personal data, in particular to the processing of their health data in accordance with Art. 9 Para. 2 lit a GDPR. Users are only permitted to register from the age of 18.
When using the application edupression.com® the following data is processed:
(a) data actively entered by users Contact data, form entries on the status of knowledge, self-tests, well-being, forums, etc.
(b) data that can be passively collected via (mobile) terminals (activities and user behaviour, gamification data)
These data are the basis for the technical correct application and effectiveness of edupression.com® products as medical devices.
Communication in the application
For user notifications or the optional chat function between connected user and depression specialist (not for DiGA users), the service pusher.com from Messagebird in the Netherlands is integrated. The content and data are securely transmitted end-to-end encrypted.
Health data - use of Medical devices
For the purpose of use as medical devices, we process the health data listed below. This is necessary in order to guarantee the effectiveness of the product.
edupression.com® psychoeducation (therapy modules)
Data within the framework of the handling of the courses (start/end times of the course modules and their parts, time course, learning duration, repetitions, etc.)
Data from the self-test for depression (queries on complaints regarding various emotional states, biological functions, feelings and thoughts)
Data from brain training on reaction time, concentration and attention
Data from interactive fields in the course modules (e.g. term associations, WordRap, personal positive activity list, answers from questionnaires, etc.)
Data from the quiz answers given by the user
edupression.com® Mood chart
Data from the daily mood to form a depression score, affective episodes, impairments, general factors such as sleep, menstruation, alcohol/drugs, stressful events, specific factors such as positive activities, sports, therapy.
Use as a depression specialist
In the course of registering as a depression specialist, personal data is collected for the use of the user account, in particular name, contact details, profession and education. Furthermore, after SOFY agrees to the conclusion of the contract with the depression specialist, the activities of the depression specialist on the platform, such as invitations, group formation/activities, as well as accesses out of legitimate interest and for the protection of other users are processed.
The user can voluntarily link up with a depression specialist.
To link the user and the depression specialist, both must explicitly agree (invitation and consent). If the two are linked, the depression specialist can access data from the user's cockpit via his or her own account, e.g. course, activities, mood chart. This serves to inform the depression specialist about the period and the course between personal treatments. Other data processed in the context of linking a user to a depression specialist are contact data of the user, as well as data from the communication between depression specialists and users. The user can revoke his or her consent at any time without giving reasons, but in this case it is not possible to link the user and the depression specialist.
Use within the scope of health insurance
If use is via an insurance company, data is primarily transmitted to the insurance companies for billing purposes (name, insurance number, date of birth, period of use of edupression.com®, selected product).
The above-mentioned data processing is generally carried out on the basis of Art 6 Paragraph 1 lit b GDPR, but insofar as health data are concerned, data processing is carried out on the basis of Art 9 Paragraph 2 lit a GDPR.
The user can revoke his or her consent at any time without giving reasons, but then he or she can only use edupression.com® to a very limited extent, for example, no courses can be called up or the mood chart can no longer be used (no more data entry possible)
Registration using a Health ID (IDP) and writing to the electronic patient file (ePA) in Germany
In Germany, once all participants in the telematics infrastructure (TI) have taken all the necessary measures, it is legally possible to register with edupression® as a DiGA using a health ID as the sole authentication or to log in with it. To do this, users must apply for the health ID from their statutory health insurance provider. When registering or logging in, we receive the health insurance company's authorisation to use edupression® via a TI interface. In order to use edupression®, it is also necessary for the user to provide and check an email address, as important information is transmitted to users via this channel.
If a health insurance number (KVNr) is also stored in the health ID by the statutory health insurance company, edupression® users can also write data in the ePA once or regularly in the programme itself via ‘Data export’. A machine-readable file is written to the user's ePA in accordance with MIO DiGA Toolkit 1.1.0. The following data is transferred: Details of the DiGA including date and duration, user name (if provided voluntarily, but at least the email address), medication details (active ingredient and dose, if entered by the user), various user responses to questionnaires or surveys (in particular PHQ9 or mood chart). A specification of the exported file in terms of interoperability can be found here (link pdf).
Cooperation with scientific partners and transfer of anonymous data
In the development and further development we work together with recognised medical and scientific research institutions. Data required for scientific purposes are transmitted exclusively in anonymous form, so that researchers cannot draw any conclusions about the individual person of the user.
Our common goal is to develop edupression.com® in such a way that our users receive the best possible support and guidance in their illness.
Contact
If you would like to contact us, you can do so by sending an e-mail to info@sofy.group or by telephone. We process your e-mail address, telephone number and the content of your message and communication for the purpose of processing your enquiry and in the event of follow-up questions and store these for up to six months on the basis of Art 6 Paragraph 1 lit b GDPR.
As far as health data are concerned, they will only be processed with your express consent in accordance with Art 9 Paragraph 2 lit a GDPR.
Use of the prescription service
In order to be able to use the free and voluntary prescription service via our website, users must give their informed consent to the processing of personal data in the course of the service. The processing includes the following data, including special category data (health data) in accordance with Art. 9 para. 1 GDPR: name, e-mail, telephone number, prescription, prescription data and doctor/therapist. The data is transmitted to SOFY GmbH, stored and checked for completeness. It is then forwarded to the user's health insurance company on behalf of the user.
For statistical purposes, the data is anonymized without it ever being possible to draw any conclusions about the user. Consent can be revoked by the user at any time without giving reasons for the future (e-mail: datenschutz@edupression.com).
Online payment transactions
This section does not apply to DiGA users from Germany, as they are billed directly through health insurance companies. For the processing of online payment transactions, thus on the basis of Art 6 para. 1 lit b GDPR, we only transfer the most necessary personal data to the payment service provider (Stripe Inc. or PayPal (Europe) S.à r.l. et Cie, S.C.A.): Name, order purpose, amount. These data are transmitted in encrypted form and are only used to process the payment; privacy statement stripe.com https://stripe.com/en-at/privacy
If users use PayPal, they have already agreed to the terms of PayPal (https://www.paypal.com/at/webapps/mpp/ua/privacy-full?locale.x=de_AT)
Website - Cookies
Our website uses so-called cookies. These are small text files that are stored on your end device with the help of the browser. They do not cause any damage.
We use cookies to make our offer user-friendly and to ensure that our web service functions technically. Some cookies remain stored on your end device until you delete them. They enable us to recognise your browser on your next visit and, for example, to make our web service available more quickly.
Before we set cookies, which are not technically essential for the provision of the service, we obtain the visitor's consent by means of cookie pop-ups (opt-in).
If the visitor does not give consent, the functionality of our website and our web shop may be limited.
The edupression.com® program itself runs only with technically necessary cookies from our own server.
Website Feedback
To allow our website visitors to easily submit feedback to us from the site, we use the European service hotjar. The data entered in this process is provided to us in a protected manner.
Users of the edupression.com® program can provide feedback directly in the application in our system.
Thank you for your feedback, this helps us to make the offer even better for everyone!
E-mail newsletter dispatch
We send e-mail newsletters to interested parties and our users (customers), providing information about mental illness and our services. The mailing is based on the consent of the interested party in accordance with Art 6 para. 1 lit a GDPR and from the contractual relationship as a customer. The registration is carried out in a so-called double opt-in procedure (the interested party receives an e-mail after registration asking him/her to confirm his/her registration, only after confirmation will the e-mail newsletter be sent). Cancellation is possible at any time simply by clicking on the cancellation link in the newsletter. To carry out the dispatch, we use Mailjet an e-mail marketing service in France, as an order processor. For this purpose, only the following data is transferred: name, title and e-mail address. When sending out the newsletter, usage data (reports) are also collected; these serve exclusively to improve our newsletter service and thus to protect our legitimate interests in accordance with Art 6 Paragraph 1 lit f GDPR. If you have given your consent in accordance with Art 6 para. 1 lit a GDPR to receive e-mail newsletters, we will store your data until you revoke your consent.
Unlike newsletters, accompanying personalised communication by e-mail (reminders, information, congratulations...) is an important part of the service we offer to our users and is therefore a contractual component of our service (Art. 6 para. 1b).
Recipients of personal data
The transmission and processing of personal data is generally only carried out to the extent that this is necessary to fulfil the contractual relationship or to carry out pre-contractual measures (on the basis of Art 6 Paragraph 1 lit b GDPR), to fulfil a legal obligation (Art 6 Paragraph 1 lit c GDPR), to safeguard legitimate interests (Art 6 Paragraph 1 lit f GDPR) or to assert, exercise or defend legal claims (Art 9 Paragraph 2 lit f GDPR) or if the user or interested party has given his express consent (Art 6 para. 1 lit a or Art 9 para. 2 lit a GDPR).
In addition to the above-mentioned processors, the personal data of the users or interested parties will be transmitted in particular to computer centres, IT service providers and accounting service providers.
Furthermore, transmission may be necessary in connection with official inquiries or court orders, among other things.
Especially due to the obligation according to the applicable medical device law, we as manufacturer or distributor are subject to special requirements regarding the monitoring of the functionality of the products. Based on this regulatory required monitoring and reporting system, personal data may also be processed. The legal basis here is Art 9 (2) i GDPR.
Storage duration
The storage of your personal data is basically as long as this is necessary for the fulfilment of contractual obligations and for their intended purpose. Afterwards the data will be deleted. Exceptions are made in the case of statutory storage or retention obligations.
Rights of data subjects
We would like to point out that you can assert your right to information, data transferability, correction, restriction, revocation, opposition and deletion of your personal data at any time. If there are no other legal bases against this, we will follow your request in due time. You also have the right to complain to the competent authority: Austrian Data Protection Authority (https://www.dsb.gv.at/, Barichgasse 40-42, 1030 Vienna).
Contact us and our data protection officer:
SOFY GmbH c/o Data protection officer
Am Renninger 8, 3400 Klosterneuburg, Austria
e-mail: datenschutz@edupression.com
Data security
We take appropriate technical and organisational security measures in accordance with Art 32 GDPR to protect your personal data against accidental or unlawful destruction, alteration or loss and against unauthorised disclosure or access.
For your safety, please take all possible measures for IT security on your side - see security instructions.
Amendment of the privacy policy
We reserve the right to change the privacy policy in order to adapt it to changed legal situations or in case of changes in the service and data processing. However, this only applies with regard to declarations on data processing. Insofar as the consent of the users is required or components of the data protection declaration contain regulations of the contractual relationship with the users, the changes will only be made with the consent of the users.
Users are asked to inform themselves regularly about the content of the data protection declaration.
