General Terms and Conditions
SOFY GmbH (product edupression.com®) - for depression specialists1. General Information
1.1 SOFY GmbH (hereinafter “SOFY”) is a company registered in the Austrian Commercial Register under FN 488003 b, which provides a platform with (paid) products in the area of depression treatment (hereinafter “products”) under the trademark edupression.com® at the web address https://www.edupression.com (hereinafter “website”) and via mobile applications. In particular, the self-help program with psychoeducational content (hereinafter “psychoeducation”) and a mood diary are made available via this platform. In addition, SOFY also provides certain products free of charge (hereafter “free products”). The products and the products free of charge are described in detail in the service description under point 3 of these GTC and especially on the website.
1.2 The products provided by SOFY and products free of charge do not offer a substitute for medical or psychotherapeutic treatments.
1.3 SOFY provides the products and products free of charge exclusively for natural persons of full age. The use of the products or products free of charge by underage natural persons requires the prior consent of the legal guardian(s) of the underage person.
2. Scope
2.1 Within the framework of these General Terms and Conditions (“GTC – Depression Specialist”) the contractual relationship between SOFY and the Depression Specialist is regulated. Depression specialists are experts in the field of depression treatment (e.g. doctors, psychologists and psychotherapists). SOFY concludes contracts with depression specialists only under application of these GTC – Depression Specialists in the current version. The Depression Specialist commits himself to read these GTC – Depression Specialists carefully before using the products or free products.
2.2 In addition, SOFY concludes contracts with patients of depression specialists (and thus “users” of edupression.com®) under application of the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) available at [ ].
3. Service Description
3.1 The products provided by SOFY to the users currently include the digital medical device and self-help program Psychoeducation as well as the digital medical device Mood Chart and a supervised forum. Furthermore SOFY provides a cockpit (dashboard) for users and for the depression specialists. The free products currently include a specialist newsletter, certain contents of the self-help program and a simplified version of the mood chart. Further information is available on the website. Part of the contract between SOFY and the user will be the products ordered by the user during the booking process. SOFY may discontinue, limit or change the provision of the free products at any time without giving reasons.
3.2 In the relationship between SOFY and the depression specialist, the following service content applies: SOFY provides the depression specialist with a user account with a dashboard, which serves the administration of his patients, who are users of SOFY products and/or free products of SOFY. Furthermore, SOFY provides the depression specialist with access to the cockpits (dashboards) of those users who have concluded a treatment contract with the depression specialist and who have given their express consent for this access. This gives the depression specialist access to the contents of the user’s cockpit (e.g. course of the course, reports, mood chart). The depression specialist also has the possibility to form groups consisting of several users.
3.3 The contract between SOFY and the depression specialist is free of charge.
3.4 The conclusion of a contract between SOFY and the depression specialist on the basis of these GTC depression specialists does not establish a contractual relationship between the depression specialist and the users. Furthermore SOFY does not mediate the conclusion of a contract between the depression specialist and the user. The depression specialist and the user must independently conclude a treatment contract. The contractual relationship between SOFY and the users based on the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) remains unaffected by the contract between SOFY and the depression specialist. The Depression Specialist declares that he is aware of the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®).
4. Establishment of the Contractual Relationship
4.1 The contract between SOFY and the depression specialist comes about when the depression specialist registers on the website either on his own initiative or by invitation of a user and SOFY subsequently agrees to the conclusion of the contract with the depression specialist.
4.2 Before the contract is concluded, the depression specialist must register on the SOFY website or mobile application and create a user account. He also has to choose a password. The depression specialist is obliged to keep his password secret and to protect it sufficiently from unauthorized access by third parties. During registration the user account for the depression specialist will be created. SOFY is entitled to refuse to conclude a contract with a depression specialist without giving reasons. After conclusion of the contract the depression specialist will receive a confirmation.
5. Duties of the Depression Specialist
5.1 Depression specialists must themselves provide the hardware and software necessary for the use of the website and the products as well as products free of charge and the necessary internet access or telephone connection.
5.2 In case of termination of the treatment contract between the depression specialist and the user, the depression specialist is obliged to immediately cancel his access to the cockpit of the affected user.
5.3 Depression specialists must comply with all applicable statutory and other legal regulations and all obligations under these GTC – Depression Specialists and the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) when using the services covered by the contract (Section 3.2) and when using the products or products free of charge to the users. In particular, depression specialists must refrain from the following:
- The use of the contractual services as well as the use of the products or free products and the user account for purposes other than the treatment of users and the exchange of information between the user and the depression specialist;
- the storage, publication and transmission of illegal content or content that infringes the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights
- the unlawful threat, insult, discrimination or harassment of another person on grounds of sex, race, religion or beliefs
- the storage or transmission of personal data of users, unless the respective user has given his consent or a legal authorization exists;
- the use of the contractual services as well as the use of the products or products free of charge to commit illegal or unlawful acts (e.g. spamming, hacking, etc.)
- the use of the contractual services as well as the use or provision of the products or free products for business activities in competition with SOFY (own activities or activities of third parties)
- the misuse of the contractual services as well as the products or free products with fraudulent intent or the toleration of misuse by third parties;
- the provision of the contractual services and the products or free products or the granting of access to the contractual services and the products or free products to third parties who are not users of the products;
- the granting of access to the user account of the depression specialist to third parties
In case of violation of a contractual obligation of the depression specialist (in particular according to this point 5 and point 8) SOFY is entitled to block the access of the depression specialist to his user account and to the cockpits (dashboards) of the users until the contractual state is restored.
6. Changes of data, Receipt of Declarations
6.1 The depression specialist is obligated to inform SOFY immediately of any changes in the data registered by him, as well as the termination of his activity as a depression specialist, regardless of the respective reason.
6.2 If the depression specialist has not received explanations, because he has not informed SOFY about the changes of the data registered by him in point 6.1, these explanations are still considered as having been received by the depression specialist.
6.3 Legally significant statements from SOFY can also be sent to the depression specialist by means of SMS messages or to an e-mail address provided by the depression specialist for this purpose.
7. Liability
7.1 Any liability of SOFY to the depression specialist for claims which users make against the depression specialist in the context of their treatment contract with the depression specialist is excluded. This also applies to all possible claims which a user makes against the depression specialist in connection with the use of the products or the free products.
7.2 Any liability of SOFY towards the depression specialist for the availability of the products and free products for the users as well as for the uninterrupted availability of the access of the depression specialist to his user account and to the cockpits (dashboards) of the users is excluded.
7.3 In addition (as far as legally permissible), any liability of SOFY is excluded with regard to the free provision of services by SOFY.
8. Copyright and Industrial Property Rights
8.1 The products provided by SOFY, free products, website, the underlying software and database and other contents are protected by copyright. The editing, duplication, distribution and any kind of utilization by the depression specialist require the prior written consent of SOFY. Downloads and copies of the website are only permitted for contractual use. It is therefore not permitted to copy, pass on, send or publish information and data in any form, unless the website expressly offers such a function.
8.2 Under the condition of compliance with these GTC – Depression Specialists and all other applicable and possible further contractual provisions, SOFY grants the Depression Specialist the non-exclusive and non-transferable right to use the website and products as well as products free of charge, as far as this is necessary for the use of the contractual services (point 3.2). The right of use expires at the end of the contractual period. The Depression Specialist is not entitled,
- to leave its access to third parties, in particular to rent, lend, reproduce, resell or in any other way distribute or pass it on;
- to use the contractual services as well as the products and products free of charge for commercial or business activities, in particular to provide services for third parties against payment;
- to activate and use functionalities of the website or the products as well as free products for which he has not been granted any rights of use;
- to modify, translate, reproduce, decompile, decompile the source code of the website or of the products as well as free of charge products, to examine its functions, except to the extent permitted by law
9. Confidentiality and Data Protection
9.1 The depression specialist is obligated to adhere to all data protection regulations relevant to this contractual relationship (both in relation to SOFY, as well as in relation to the users).
9.2 The depression specialist is obliged to maintain confidentiality of these GTC – Depression Specialists towards third parties.
10. Duration and Termination
10.1 The contract between SOFY and the depression specialist has an unlimited duration and can be terminated by both parties at any time without notice. In this case the depression specialist must immediately delete his user account or SOFY is entitled to immediately cancel the access of the depression specialist to his user account.
11. General Provisions
11.1 Should individual provisions of these GTC Depression Specialists be or become ineffective, or should an essential point not be regulated, the effectiveness of the remaining provisions remains unaffected.
11.2 These GTC – Depression Specialists are subject to the application of Austrian law. The referral rules of private international law and the UN Convention on Contracts for the International Sale of Goods are not applicable, unless mandatory conflict of laws rules conflict.
11.3 The place of jurisdiction for all disputes arising from this contractual relationship is the competent court in Klosterneuburg, Austria.
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.
