Terms of Service
1. General Description
These User Terms and Conditions (this “Agreement”), is a legal agreement between you as a user and BC Digital AB, a Swedish company (“BlueCall”), which guides your use of and access to the Application (as defined below).
The purpose of this Agreement is to explain the terms and conditions under which BlueCall will let you use the Application through your mobile device. The only purpose of use (“Purpose”) BlueCall supports is the use of Application as per these User terms.
By creating an account in the Application, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to BlueCall that:
- You are at least sixteen (16) years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agreeing on your behalf)
- You are not in treatment or in need of health care with regard to any mental health issues, or are finding yourself in a crisis situation, where BlueCall cannot help you (as in situations described in Section 3.2 below).
- This Agreement is binding and enforceable against you
The Application is a digital platform for online counseling, where you anonymously can speak with counselors through call and chat and get counseling (“the Service”) through the Application, however without the purpose of offering any kind of health treatments. You can only use the Service through a smartphone, and through those versions of iPhone or Android BlueCall supports. BlueCall facilitates access to counselors through the Application, and the Counselors are responsible for providing the Service.
The Application is owned by BC Digital AB, 559059-7240. BlueCall is not a health care provider (Sw: Vårdgivare) and does not in any form conduct, or intend to conduct, treatment of a user and or its medical or mental state through the Service at any time and not by any of BlueCall’s counselors.
2. The BlueCall Service
To use the Service and the features made available through the Application, you are required to complete a registration process to create an account with BlueCall (“Account”). As a user of the Service you are only allowed to create and use one Account.
When you create your Account you are given access to use BlueCall’s software platform made available through BlueCall’s mobile application (“Application”) during the Term (as defined below) solely for the Purpose.
Creating your Account offers you access to a matching agent, to counselors, to rate counselors, to view your call and/or chat history, and to edit your profile. You may or may not answer the questionnaire that is presented to you at the register of the Service, with the purpose of facilitating your use of the Service once in contact with a counselor.
In order to use the Service it is necessary to provide personal information, which includes but is not limited to, a user name.
2.2 Access to counselors and matching agent
The access to the counselors are pending counselors daily schedule, and BlueCall cannot provide with certainty the times when counselors are available. BlueCall’s aim is to provide counseling within 24 hours. BlueCall can also not guarantee that a counselor will be available on the time that has been booked by user for use of Service.
BlueCall works with a matching agent, to match users with the best type of counselor, to enhance the user experience. The user can access the matching agent at any time. BlueCall’s aim is to provide the matching service within 12 hours from time of contact by user.
2.3 Matching, Calling and/or Chatting
As a logged in user, you can be matched with a counselor through the matching agent. Once connected with a counselor, you can book a call or chat session (“Session”) with a counselor through the Application. The counselor is responsible for providing the sessions at the time of booking. Every session is 45 minutes. If you don’t want to fulfill your session, you are free to end session at any time.
2.4 Rating and review
As a user of the Service, you are prompted to complete a rating and leave a review. The rating consists of scoring the counselor. The review consists of a free text. The rating and review are included in the Service to enable BlueCall to do continuous quality controls of the Sessions and the counselors, to enhance user safety and comfort.
2.5 Payment and fees
You pay for your service through the Application, with credit card, with a promotional code or by having access to pre paid sessions.
If you pay by credit card, the price for a Session is 495 SEK. BlueCall is using a payment service provided by a third-party to handle the payment and will automatically charge your chosen account at the time of your Session. If you choose to end Session prior to end time, you will be charged full amount.
BlueCall’s role in the payment flow is to facilitate payment between user and counselor, and for this service BlueCall charges counselors a fixed percentage fee per Session. This percentage can change from time to time.
BlueCall can at any point in time change the price or duration of the Service.
If you are a user that have been given access to the Service through your employer, or a company of any kind, you are not being charged as described above.
2.6 The Counselors
The counselors in BlueCall are responsible for providing the Service. The counselors are independent, meaning that they are not employees of BlueCall. The counselors that are accessible through the Application have been accepted as counselor in BlueCall through an onboarding process (“Onboarding”). The Onboarding exists to ensure highest quality and relevant education of counselor including, but not limited to, an interview, educational material, digital tests, instructions, guidelines and restrictions of providing the Service. The counselors are legally bound to provide the Service as per agreed in between BlueCall and counselor (“Counselor Agreement). BlueCall is responsible for ensuring that the counselor is providing the Service in accordance with contents of the Counselor Agreement. However, BlueCall cannot guarantee that the counselor that you have been matched with will meet your specific needs.
BlueCall is responsible for making sure the matching is to BlueCall’s best knowledge as accurate as possible with the information given to the matching agent by you, and to provide the best possible prerequisites for the counselors to provide you the Service. The specific contents of the Sessions lies outside of BlueCall’s responsibility. All counselors are bound by strict confidentiality or all information that is shared with them by you.
2.7 Reclamation and service disruptions
BlueCall is a platform that facilitates connections in between users and counselors.
The counselors are bound by the Counselor Agreement to provide the Service in a specific manner, in accordance with BlueCalls guidelines and restrictions for providing the Service, and they are bound by a legally binding agreement to follow these.
If you have any complaints or would like to report a counselor or if you detect a technical error in the Application, you can report the problem through the website or through contact information stated herein.
The Application is meant to be accessible to log in to at all times, however, BlueCall has the right to during updates and other maintenance keep Application closed for a certain amount of time. BlueCall is not responsible for server interruptions, or other interruptions caused by a third party service or internet provider or connection.
2.8 Customer support
BlueCall offers support via the support center that you can reach through the chat on the Website. Please refer to the website for up to date information of the support center’s opening hours. You are always welcome to contact us through the contact information stated herein.
3. Conditions of use
3.1 Certain responsibilities
As a user of the Service it’s your responsibility to protect your Account information as it should be kept strictly confidential. It’s also your responsibility to not share personal details that can be traced to your identity, to keep Service anonymous.
You are responsible for your own wellbeing, as well as ensuring you receive the right type of counseling for you specific need, or as per restrictions mentioned below, treatment for you mental health issues through a health care provider of your own choice.
As a user you acknowledge that Sessions are at your own risk and it’s your responsibility as a user to the end Session and seek further help if in need of healthcare. As a user you have the sole responsibility for your own actions and wellbeing before, during and after use of Service.
You are responsible to ensure that the information provided by you to the matching agent and/or to counselors are not containing illegal information or information that in other ways are misplaced, concerning another person or third party’s integrity or being unethical or inappropriate.
3.2 Certain restrictions
BlueCall is not a health care provider (Sw: Vårdgivare) and does not in any form conduct, or intend to conduct, treatment of user and or its medical or mental state through the Service at any time. The counselors might have the right to conduct health care and treatment outside the Application, by specific certifications (Sw. legitimation), however all counselors are bound by the Counselor Agreement to never do so within the Application when providing the Service.
Therefore, you cannot use the service if you are
- Currently in treatment for any mental health issues, by a psychologist or any other party giving treatment for mental health issues;
- Currently in contact with or have a close contact with any healthcare provider in regards to your mental health issues;
- In any type of condition that demands health care including, but not limited to, severe or diganosed depression, severe anxiety, recurring panic attacks, self harm, suicide plans or thoughts of suicide, psychotic disorders, phobia, dependency issues.
If BlueCall or its counselors suspects that any of the above mentioned conditions apply to you as a user, BlueCall or the counselor will inform you of this and refer you to a health care provider of your choice, or a health care provider that BlueCall is currently a partner to. Neither BlueCall nor the counselors are responsible for ensuring that you make contact with a health care provider after referral, nor that you are being connected with a health care provider.
You are restricted to keep all Sessions with counselors within the Application.
Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:
- any portion of the Application, any content, photographs, descriptions, software, image or other information or any data taken therefrom (collectively, “Content”).
- any information or materials retrieved from either of them, which includes graphics and logos, presentations, in whole or in part.
Furthermore, you may not use the Application for any purpose that:
- invades any person’s or entity’s privacy or other rights;
- misidentifies you or impersonates any person or entity, including, without limitation, any employee, counselor or representative of BlueCall; or
- could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
3.3 BlueCall Rights
BlueCall has the right to at any time suspend a user or terminate the user’s account and access to the Application and Website if the user violates this Agreement or uses the Application and/or Website in a way that is harmful to BlueCall, the counselors or any third party, or in other ways carries out misuse of the Service.
BlueCall has the right to limit the amount of Sessions a user has access to per time unit, without sharing information regarding this with the user beforehand.
4.1 Intellectual Property
For purpose of clarity between you and BlueCall, you are the sole owner of all information and content entered into the Application or otherwise posted by you. BlueCall is the sole owner of the name “BlueCall” as well as the Application and all source code, software, content and other intellectual property related to it or included in it.
All suggestions and recommendations from you to BlueCall regarding the Application upon submission to BlueCall, shall be owned by BlueCall.
4.2 Copyright Infringement
BlueCall respects the intellectual property of others, and asks you to do the same. You may not use the Application, the Content or any other materials from the Application in any manner that may infringe upon any copyright or other intellectual property right of BlueCall or any third party.
In no event shall BlueCall be liable for any damages arising out of your use of the Application or for any loss or damage of any kind incurred as a result of any Third Party Content or offers.
BlueCall cannot guarantee that the Application, including the Content, will be uninterrupted or error free. BlueCall cannot be held responsible for if the Application is down or if any Content, information or functionality does not work as expected.
5. Term and Termination of Account
This Agreement shall continue in full force until either:
- you terminate your Account, or
- BlueCall terminates your access to the Application, with or without notice (the “Term”).
When this Agreement is terminated, you no longer have access to the Application.
For purposes of clarity, you are entitled to terminate your BlueCall account at any time. Contact BlueCall to have your account deleted as per contact information stated herein. BlueCall will then delete or anonymise any personal information that can be attributed to you, except for certain information that BlueCall by law may have to save and archive. If you don’t want to be bound by this Agreement, please do not access or use the Application. BlueCall may terminate, without notice, your access to the Application for failure to comply with this Agreement. BlueCall also reserves the right to modify, suspend, or discontinue the Application without any notice at any time and without any liability to you.
6.1 Force Majeure
BlueCall shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
6.2 Changes or Updates of the Agreement
BlueCall may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or within the Application.
When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Application, the Website or in other way contact you at our best attempts. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force. It is your responsibility as a user to stay up to date on contents of the Agreement.
Our biggest aim is to have happy and satisfied users. Hence we recommend you to always contact us as a first instance if you are unhappy with the Service, or have any complaints. Our liability under this Agreement and in connection with the Service is limited to the amount you have paid for the Service.
All disputes arising hereunder or in connection with this Agreement and the Application shall be resolved by the laws of Sweden and the District Court of Stockholm (sw. Stockholms tingsrätt), Sweden.
BlueCall has the right to transfer its rights and obligations under this Agreement. Furthermore, BlueCall has the right to hire subcontractors and third party services for the fulfillment of its obligations.
If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.
We welcome any questions and concerns in regards to the Service or the Agreement. Please contact us at email@example.com and we will get back to you within 24 hours.
If you would like to write to us, the address is stated on our website.
Your safety, privacy and wellbeing is our top priority at BlueCall. To enable you to use the service, we collect personal and non-personal data from you. It’s essential to us that you understand who is responsible for your data, what data we collect and why we collect it. Furthermore it’s important to us that you understand how you can change your preferences and how you can delete your account and your information when you are no longer in use of the Service.
The Application is a digital platform for online counselling (“Application”), where you can speak with counsellors through call and chat and get counselling (“the Service”) through the Application. The Application is owned by BC Digital AB, 559059-7240.
2. Who is responsible for your data?
BC Digital AB is your data controller and is responsible for the information you have shared with BlueCall, through the Application or by any other channels connected to us, such as website or via email.
3. What personal data do we collect?
To enable you to use the service, we collect personal and non-personal data from you. The sections below describe the data we collect.
3.1 Account Data
a) Account Recovery
To be able to log on to the Service from a new device, if you have deleted the Application, or if you have access to the Application via a link provided by for example your employer or insurance company, you need to activate your Account Recovery (“Account Recovery”) in the Application. When activating Account Recovery, you provide us with the following information
- Email address
We do not store your email address. Your email address is used for two factor identification when for example entering Account from a new device, or if you have logged out, to confirm you are the rightful owner of your Account, to keep your data safe.
We give you the option to create a username (“Username”) within the Application. Your username is displayed to the counselor and to the BlueCall team. You must choose a Username that is not connected to your identity.
3.2 Technical information
When using the Service, we might automatically collect technical information.
a) Usage data
In order for BlueCall to provide the best possible user experience, we collect and track certain data of usage.
b) Device information
We may collect device-specific information, such as your hardware model, operating system version, unique device identifiers, language settings and mobile network information.
c) Cookies and advertisements ID numbers
When you visit the website (www.bluecallapp.com), our web server may send a cookie to your computer. This cookie stores a limited amount of information about your site visit and tracks aggregate information on how our site is being used, including session counts, navigation patterns, pages visited, etc. By using cookies we may collect information about the type of device you use to access our websites, the operating system and version, your browser type, the web pages you view on our websites and whether you interact with content available on our websites and how. If you choose to set your web browser to not accept cookies, BlueCall can’t guarantee that the Website will work as intended.
If you come to the website or Application from an online advertisement, an anonymous identification number may be passed to the website or Application. This information cannot be used to gather any personally identifiable information about you. It will only allow us to track the overall effectiveness of our online advertising, marketing and banner advertisement campaigns.
3.3 Data from Use of Service
To be able to use the Service, you provide certain information through the Application.
a) Data regarding you and/or your life situation
To be able to provide the Service to you, we need you to share information with the matching agent and/or counsellor regarding yourself. This could be, but is not limited to, your life situation status, certain circumstances about you and people or entities personally tied to you, or any other information that needs to be shared by you for the purpose of using the Service. It is up to you to decide what kind and amount of information that you chose to provide us with, as all questions asked by matching agent or counsellors are completely voluntary to answer. You will always be in total control of the information you share with us, including sensitive data, and you can at any given moment chose not to share anymore information with us, and/or have your account and your information deleted and/or anonymised.
We fully understand and appreciate that this type of personal data is highly sensitive and we guarantee you that BlueCall and the counsellors are taking highest precautions in collecting, managing and/or storing this data to always ensure your safety.
b) Payment data
If a user makes a purchase through the Service, the user’s credit or debit card information (such as card type) and other financial data that we need to process the payment may be collected and stored by the payment processors with which we work. In addition, the payment processors generally provide us with some limited information related to the user, such as a unique token that enables the user to make additional purchases using the information they’ve stored, and the user’s card’s type, expiration date, and certain digits of the card number, as well as email address.
3.4 Other user data collected
We might be collecting data from you in other instances than using the Service.
a) Direct contact with us
You can contact us through the “contact us” field in our website. You can also contact us by sending us an email directly or placing a phone call. In these instances you share your contact information with us. Participation in these areas is completely voluntary and it is your choice whether or not you wish to disclose your personal information to us.
b) Push Notifications
When signing up for the Service the user may choose to allow us so send push notifications. We use push notifications to alert you on new chat messages from Counsellors, Matching Agent and from BlueCall. When a user allows us to send push notifications we store a unique token associated with the user’s device.
4. Where is the data saved?
The information we are storing is safely stored in BlueCall’s infrastructure, such as but not limited to BlueCall’s database. BlueCall may be using third party services for data storage, as stated herein. All your personal data stored directly by BlueCall is being stored in the EU/EEA. Data stored by third party service providers as mentioned herein can be stores outside the EU/EEA. When we are using third party services located outside the EU/EEA we will ensure that the data is stored with an equivalent level of security and in accordance with EU regulations. For more information on this, see section 9.2 Sharing and Transfer of Data below.
5. Why are we collecting your data?
5.1 Legal grounds
There are certain legal grounds on which we rely on for use of your personal data.
The use of your personal information described herein may be necessary to perform the agreement you have with us. For example, to give you access to the Application and the Service, to register and maintain your account, to enable payment services, to help with support issues and to make sure that the Services performs as intended or to respond to your requests.
We may use your personal information for our legitimate interests. For example, we rely on our legitimate interest to analyse and improve the Services and the content in the Application, to send you notifications about software updates or information about our Services or to use your personal information for administrative, fraud detection or legal purposes.
5.2 Providing the Service
5.3 Improvements of the Service
In order to improve our Service, both in technical and non-technical perspectives, including maintenance, development of new and/or improved features, we collect data from you. We also use data for research purposes for these types of improvements. This processing is done in accordance with our legitimate interest.
5.4 Support Services
We use data to respond to customer enquiries, diagnose Application/Service problems and provide other customer care and support services. This processing is necessary for the performance of the agreement we have with you, and in accordance with our legitimate interest.
5.5 Marketing and Communication
We use the data we collect to deliver and personalise our communications with you. For example, we may contact you by email or other means of electronic communication (including through the Application) to inform you about new features or services, security or software updates or for other purposes connected to the use of Service. This processing is done in accordance with our legitimate interest.
We may also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data, when shared on an aggregated basis, does not include any of your personal information.
5.6 Security and Safety Management
We use data to protect the security and safety of our users, customers, the Website and the Application, to detect and prevent fraud, to resolve disputes and enforce our agreements. This processing is done in accordance with our legitimate interest.
In addition, BlueCall may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing grave injury to or interference with BlueCall’s rights or property, other Application users or anyone else that could be seriously harmed by such activities.
6. How long do we store your data?
BlueCall will retain your personal information for as long as you have an account with us in order to enable you to use the Application, to provide the Services to you and otherwise as necessary to allow us to conduct our business. We overlook your account activity every 24 months from creating the account, and if we do not find activity, such as chat message, within 24 months time, we will send a question via the Application to keep the account active, or anonymise your data due to account inactivity. If no answer within one month, we will inactivate the account and follow procedure for anonymising your data.
We might store some information for a longer time period in order to comply with applicable laws (including those regarding document retention) and resolve disputes with any parties.
All data that is collected bases on your consent will be deleted or anonymised if you withdraw your consent.
7. How do you alter the data shared with us?
You can always delete, change or alter the information you have shared with us.
7.1 Delete you information
For purposes of clarity, you are entitled to terminate your BlueCall account at any time, at what point all information connected to your account will either be deleted or anonymised. However, binding legal requirements may require that we store certain information for various periods of time. In order to comply with these regulations, we may be unable to delete information from our databases. If you want your account deleted, email firstname.lastname@example.org.
7.2 Change information
You can change your user name at any time in your profile within the Application. If you’d want to change your email address you send us an email to delete your account, and then you create a new account with a new email address.
7.3 Change preferences and opt out
8. What are your rights to your data?
We want you to be in control of how your personal information is used by us. Subject to local law, you can do this in the following ways:
- you can ask us for a copy of the personal information we hold about you by sending us a signed written request either by post or via e-mail;
- you can inform us of any changes to your personal information, or if you want us to correct any of the personal information we hold about you;
- you can ask us to erase, block or restrict the personal information we hold about you, or object to particular ways in which we are using your personal information; and
- you can also ask us to send the personal information you have given us to a third party.
Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information.
BlueCall is committed to handle any request, complaint or concern that you may have about our use of your personal information in a fair and transparent way. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to file a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority.
As a user of the Service, you are responsible for not sharing any data with us our counsellors that could expose your full identity.
9.1 Third Party Services
To enable you to use the Service, we collaborate with a number of third party services, including but not at all times limited to
- Event tracking for usage
- Event tracking for usage and Remote Configuration
- Data Analysis
- Tracking of Crashes
- Payment Processing
- Server and Data Storage
- Data Storage in Amazon Web Services
- Service for sending push notifications
- Enabler of chat and calls
With these providers, we have Data Processing Agreements in place, to ensure the safety of your privacy from our end.
Current third party service providers:
- Google Analytics
- Facebook Analytics
- One Signal
- Amazon Web Services
9.2 Sharing and Transfer of Data
Under no circumstances will BlueCall sell or share any personal information about you to or with any person or organization except:
(i) as authorized by you,
(ii) in connection with providing various products and/or the Services to you
(iii) to the extent you make any use of the Application,
(v) as may be required by law or court order, or
(vi) as otherwise set forth herein.
We may, in the future, sell or otherwise transfer some or all of our assets or equity to a third party. Your personally identifiable information and other information we obtain from you via the website or the Application may be disclosed to any potential or actual third party purchasers of such assets or equity and may be among the assets transferred.
BlueCall transfers, processes and stores information about its users and customers on servers located in a number of countries. Information collected within the European Union and European Economic Area (“EEA”), for example, might be transferred to and processed by third parties located in a country outside of the EU/EEA. We take great care in protecting your personal information and have put in place adequate mechanisms to protect it when it is transferred outside of the EU/EEA. For instance, by using the Standard Contractual Clauses as approved by the European Commission.
9.3 Childrens’ data
Children are not eligible to use our Service and we ask that individuals under the age of fifteen do not submit any personal information to us or use the Services. Although visitors of all ages may navigate through the Websites or use our Application, we do not knowingly collect or request personal information from those under the age of fifteen. If, following a notification from a parent, guardian or discovery by other means, a child under fifteen has been improperly registered on our site by using false information, we will cancel the child’s account and delete the child’s personal information from our records. Other age restrictions may be set forth in BlueCall’s Terms of Service from time to time.
10. How to get in contact with us
We welcome any questions and concerns in regards to your privacy. Please contact us at email@example.com and we will get back to you within 24 hours.
If you would like to write to us, the address is stated on the website.
Last update: 15 August 2019