Notice regarding sensitive data hosted by Agora Care Ltd (hereinafter the “sensitive data notice”)
By creating an account on the digital platform available at the website www.agoracare.ch, managed by Agora Care Ltd, headquartered in route de la Galaise 34, c/o Fond. Genevoise pour l’Innovation Technologique FONGIT, 1228 Plan-les-Ouates (the “Platform”), you give your consent to Agora Care Inc to manage your sensitive data, including when appropriate your medical images (i.e. your X-rays, scans, MRIs, etc.), as well as the information appearing in the reports, exam results and other related medical documents (the “medical data”) that you will have accepted to transmit through the Platform by signing the acceptance form (the “acceptance form”) upon your visit to your medical practitioner/healthcare center or hospital pursuant to the conditions outlined below :
Access to the record: use of medical data
Third-parties authorized to access your files
Once you have created your account on the Platform, you remain the only person with the power to grant access to your personal files hosted in the platform (the “Files”) to any and all third parties (especially your GP, a healthcare center or hospital, a radiology center, etc.). For the duration of your relationship with Agora Care Ltd, you remain the sole owner of your medical data. Nevertheless, you have no right on the Platform itself.
Agora Care Ltd
Agora Care Ltd manages your medical data to provide the services it offers and to establishing anonymized stastistics only (i.e. number of images found in breast or prostate cancer files, number of under-40 men affected by prostate cancer, number of lung cancer relapses after 10 years, etc.) which could be transmitted to third parties. Agora Care Ltd shall not transmit your non-anonymized medical data to research institutions or other unauthorized third parties (meaning third parties you may not have granted access to your medical data) without first obtanining your consent. In certain cases, Agora Care Ltd will contact you after having consulted your medical data to offer you to participate in scientific studies. You have the possibility of writing an email to email@example.com or to send a leter to the Agora Care Ltd address listed above to opt out of such requests.
Storage of my medical data
Your medical data is stores in servers located in Switzerland managed by Akenes SA (Exoscale). Should Agora Care Ltd establish the abovementioned statistics (subsection A. a.), this could imply that your medical data may be temporarily stored in computers located exclusively at the premises managed by Agora Care Ltd. Should you grant access to a third party that could download or print one or more available files, your medical data may be located outside of Switzerland. We strongly encourage you to exercise the gratest caution when granting access to your medical data to a third party.
On what basis can Agora Care Ltd be authorized to manage your medical data?
Agora Care Ltd processes your medical data:
- whenever you will have agreed to processing of your medical data by accepting (i) the Consent Form, (ii) the Sensitive Data Notice, and the (iii) Confidentiality Notice;
- to communicate with you and send you offers to participate in certain studies carried out by research institutions;
- when your medical data should be stored in outsourced servers in Switzerland;
- so as to establish anonymized statistics, as outlined in subsection A. a. below;
- to allow you to make use of the available services on the Platform; and/or
- to fulfill a legal requirement. Agora Care Ltd encourages you to carefully read the Confidentiality Notice available in the Platform.
From time to time, we update our Sensitive Data Notice. Should we amend this Sensitive Data Notice, we will not send you any notification regarding said changes and/or a new version of the Sensitive Data Notice. Therefore, we strongly encourage you to regularly read the Sensitive Data Notice so as to be informed of the way in which we use and protect your medical data.
Applicable law and jurisdiction
The legal relationship between Agora Care and you, the Sensitive Data Notice and the management of your medical data are all subject to Swiss law. Any and all claims related to the legal relationship between Agora Care Ltd and you, this Consent Form or the management of your medical data shall be under the exclusive jurisdiction of the Courts of the Canton of Geneva, Switzerland, subject to appeals before the Federal Supreme Court of Switzerland.