Terms and Conditions of Use of the eAlarm crisis App


1. General
The “Terms and Conditions of Use of the eAlarm crisis App” (hereinafter referred to as the “Terms and Conditions of Use”) apply to the eAlarm crisis app (hereinafter referred to as the “App”) of Swisscom (Switzerland) Ltd (hereinafter referred to as “Swisscom”). By installing or using the App, the Customer agrees to the Terms and Conditions of Use.

The App can be purchased from an online app store (Google Playstore, iTunes App Store or other online provider). This agreement is not concluded between the Customer and the online app store, but rather exclusively between the Customer and Swisscom. At the same time, the Customer accepts the legal provisions regarding the purchase of the application that pertain to the respective online app store and regarding the use of Google Maps. The Customer hereby grants the relevant online app store the right to enforce the provisions of these Terms and Conditions of Use in relation to this app – if necessary, independently in court – despite the lack of a contractual agreement between the Customer and the latter.


2. Requirements
The use of the app requires an existing Internet connection and it can only be used in connection with an “eAlarm crisis” contract concluded between a third party (hereinafter referred to as “Emergency Organisation”, e.g. the Customer’s employer) and Swisscom and only if activated by the Emergency Organisation (creation of an eAlarm crisis account). Furthermore, the Customer is required to obtain the app from an online app store for customers in Switzerland, Germany, Italy, Liechtenstein, Austria or France.

The Internet access required to use the app and the data transport services it enables do not form elements of the app; for these services you need a separate agreement with an Internet service provider of your choice.


3. Usage right
The app may only be used by customers of the app store region of Switzerland, Germany, Liechtenstein, Italy, Austria and France. The Customer receives a temporary, non-exclusive, non-transferable right to use this app. He/she has no right to make technical changes to the app or to use the result of any such change.

Explicitly prohibited is the export to countries and use by persons as described in Section 11, “Export control regulations”.


4. Registration/login

4.1 Registration
After downloading the app, the Customer must register to use the app. Registration is carried out by means of “credentials”, which consist of the Customer’s e-mail address and e.g. an account code, which has been previously stored in the eAlarm crisis account by the Customer’s Emergency Organisation, as well as the additional entry of a confirmation code sent to the e-mail address on file.


4.2 Login
After successfully registering, the customer will no longer need to log in to the app. Once the user has successfully registered, his/her credentials are stored in the app in encrypted form. The app then logs on automatically using the stored credentials.


5. Customer’s obligation to exercise due care
The Customer bears sole responsibility for the secure handling of the app, the access data (e-mail address) and his/her mobile device. Swisscom recommends using a strong password to protect access to the mobile device on which the app is installed and, by extension, the personal information that can be viewed via the app in the event of loss or theft of the mobile device. Swisscom refuses to accept any responsibility in this regard. In the event of the unauthorised removal of usage restrictions (e.g. SIM lock), the use of third-party software or any manipulation of the device’s system software (e.g. jailbreaks, rooting or manipulation of the device’s ROM), efforts to effectively encrypt data may fail. In this respect, the Customer bears all risk and responsibility for misuse, in particular for access gained by third parties to data stored on or accessible via his/her device (e.g. by app).


6. Support
The online app store is not responsible for providing support for the App. The customer can inquire at www.swisscom.com/ealarm for information on submitting support requests.


7. Charges
The App is provided by Swisscom as a free product (third-party fees may apply when downloading and using the App; please note the respective terms and conditions of the online app stores and their provider).


8. Data protection

8.1 General
The processing of personal data is governed by Swisscom’s General Privacy Policy (https://www.swisscom.ch/en/residential/legal-information.html) and the documents accepted within the framework of the product agreement. The following provisions additionally explain the specific data processing that takes place within the scope of the App.

When the App is used, app-specific data are transferred to the mobile device, where they are stored locally on the mobile device by the App. Files accessed by the Customer via the App (specifically in the usual Office, image and audio formats defined by Swisscom) are stored on the device exclusively in unencrypted form and cannot be processed by the App in encrypted form. A user wanting to delete his/her data on the mobile device after using the App must deregister (and then re-register to use the App again). The cache with the document list is deleted when the App is deleted from the device through installation routines.

On mobile devices from Apple, data encryption requires that the Customer has previously protected his/her device with a password.


8.2 How to use the App
To use the App, the Customer must consent to Swisscom collecting information (e.g. OS version or app version) and evaluating it exclusively in anonymised form. The IP address - with the last three digits deleted - is used to determine the geolocation (country/region/city). Swisscom works together with Adobe Analytics to evaluate user behaviour.


8.3 Location data
The eAlarm crisis app collects location data from the app user in the form of enter/exit events for the geographical areas defined by the administrator of the alarm organization (e.g. company buildings), both when the app is running in the foreground/background and when it is completely closed and transmits this to the eAlarm crisis alarm software for the purpose of alerting. The location information is required so that the alarm triggers can specifically alert those app users (alert recipients) who are at a particular location at the time of an event.
This location information is also only collected and transmitted if the app user has activated the eAlarm crisis module "Geo-Location" and has actively agreed to the permanent location sharing for the eAlarm crisis app in the operating system of his mobile device.
The location data is collected from the position data available on the device.


9. Warranties
Swisscom and any third parties it consults cannot guarantee the uninterrupted and fault-free operation of the App. Furthermore, Swisscom does not provide any warranty regarding the functionality or security of third-party services and products that the Customer installs on his/her device or that are integrated into the App (see Section 7). If the App is used on a device with manipulated system software, Swisscom shall not offer any warranties.


10. Liability
Swisscom’s liability is limited to gross negligence and intent. If the Customer fails to perform his/her duties (in particular his/her duty of care), Swisscom shall in no case be liable for possible damages resulting from the loss of data or software programmes that are not sufficiently protected and backed up by the Customer.

Swisscom is not liable for the services and products offered by third parties via the App. In this respect, the terms and conditions of use and liability of the third-party providers concerned shall apply exclusively (see Section 1).

The Customer is responsible for breaches of contract by the Customer and claims related to such breaches of contract made by Swisscom and/or third parties. If Swisscom or the online app store is sued as a result of a breach of contract on the part of the Customer, the Customer shall indemnify the online app store and Swisscom against any claims made by third parties.


11. Export control regulations
This software is subject to US export control regulations and other US legislation and may not be exported, re-exported or transferred to certain countries (currently Russia, Ukraine, Cuba, Iran, North Korea, Sudan and Syria) or persons or legal entities prohibited from receiving goods exported from the United States (including (a) those on the Denied Persons List and Entity List of the Bureau of Industry and Security and (b) those on the list of Specially Designated Nationals and Blocked Persons of the Office of Foreign Assets Control).


12. Changes and discontinuation of the App; changes in the Terms and Conditions of Use
Swisscom may change the App at any time, integrate or remove new third-party services or discontinue the App entirely without any obligation to compensate the Customer and without special advance notice. Likewise, it may amend these Terms and Conditions of Use at any time without any obligation to compensate the Customer. Notification of the changes will be made in a suitable manner and the Customer is free to delete the App immediately at any time.


13. Court of jurisdiction, applicable law
All questions and disputes arising in connection with the App shall be governed exclusively by Swiss law. Exclusive court of jurisdiction is Berne; compulsory courts of jurisdiction remain unaffected by this. October 2023