Capitalized terms used and not otherwise defined herein, shall have the respective meanings ascribed to them under Terms of Service.
What information do we collect?
We collect information about you from several sources:
1. Information that your care provider uploads to the Service through the care team portal during the registration and use of the Service such as your name, phone number, height, weight, gender etc'.
2. Measurements which are uploaded onto the Application. Such measurements may include measurements which the Application reads from and an add-on device by accessing your account with the provider of such device (only following your permission to access data from such specific account), and information which you upload to the Application either through direct connection to the device or manually by entering the data.
3. Information which you provide when completing various questionnaires, which your care provider asks you to complete;
4. Information concerning your usage of the Service such as when you log into your account, how often do you log in.
How do we use the information?
We use the information which we collect in the following manners:
3. We use the information in order to promote safety and security of the information. Such use may include verification of the authenticity of the user who is connecting to the Service.
How is Information Shared
The information uploaded to the Service is shared with your care provider and health organization via the Datos platform. We may also share information for the purpose of complying with any applicable law, legal process, governmental request, to enforce any of our legal rights, defend against legal claims, to investigate any illegal use, abuse, violations of our terms and any other similar uses.
Datos may use service providers for technical aspects of operating and supporting the Application, those third parties might be exposed to information collected based on your activities within the Application.
If Datos receives a judicial order that requires it to share or disclose your information or information about you to a third party.
In any dispute, claim, prosecution or legal proceedings of any kind arises between you and Datos.
If Datos re-organizes the operation of the Application within a different corporation, or if Datos merges into or with other entities or merges the operation of the Application with a third party, Datos shall be entitled to transfer to the new entity a copy of the information about you collected from the Application, provided however, that those entities agree to be bound by the provisions of this policy. If those entities do not agree to be bound by the provisions of this policy, you shall be given with a proper 30 days prior notice within the Application and Website and with the opportunity to delete your account information altogether before the policy changes take effect.
Right to Access and Control and Data
You can see all information uploaded to the Application. You can add additional information, but you can't delete information which has been uploaded. You may delete the Application in any time. If you choose to do so, all information with respect to you and your account shall not be deleted and share remain stored on the Google Cloud.
All your information is stored via the Google Cloud, which is HIPPA certified. Nothing of the information which you upload is saved on the application.
Download of the Application is free and available in the available in Google Play and App Store. As a user, you should be aware of Application updates and download them as soon as published. Although Datos uses the secured platform of Google, you are responsible to secure your mobile and physical environment. Therefore, and in order to keep access to data safe, we recommend you to implement the following information security requirements' as demanded by HIPAA as well as the following guidelines:
1. Do not leave your password unattended and do not give it to unauthorized person.
2. Set a screen saver after at least 20 minutes of inactivity of your mobile device.
3. Install an antivirus or end point security client.
You and Your care team are responsible to inform Datos on any data breach in your Mobile device or their PC or portal account (respectively).
The User shall be fully and solely responsible for any and all data and information which is uploaded to the Application.
We will advise you before of any material change to this policy, and give you the opportunity to review such revised policy before deciding if you would like to continue to use the Service.
Last modified: October 25, 2018
The following are the Terms of Service for the use of the Datos Health Ltd. and its affiliates (collectively "Datos") patient generated health data management platform offered and provided by Datos (the “Service”).
1. Registration, User Account, Password
1.1 The individual ("You", or the “User“) opening an account on Datos’ website or application (collectively the “Application“) does this on his/her own behalf. The User's identification information is based on the User's mobile phone number and email address, and you should report your care provider support team of any change in those details by sending an email to firstname.lastname@example.org.
1.2 Each time you log into the Application, you shall be required to identify yourself with the password you chose, or you may have the Application remember you and sign you in automatically. Once you log into the Application using your log in details, you shall be able to view old records uploaded onto the Application.
1.3 You should maintain your password confidential and You should not disclose it to anyone. In case you forgot your password, you may be able to reset it by requesting your care provider support team to send you an email to the email address you provide to us. In case you choose the “remember me” option, the Application shall enable you to log in automatically (without entering your log-in details) as long as you do not sign out of the Application, change your password, reset the mobile device or uninstalled the Application. In this case, in order to keep your privacy, we recommend that you set a screen saver on your smartphone using a password with minimum of 7 digits and change it every 6 months. Any use of the "remember me" option is at your own risk. You should immediately notify Datos of any unauthorized use of your password or any other breach of security, and shall be responsible to keep your password secure and re-set it as needed to maintain the security of your data.
1.4 Please note that if you do not sign out of the Application and the mobile device has not been reset, the automatic log-in shall apply also in case the SIM card is replaced. Therefore, in case you provide the mobile device to another person, whether or not that person uses a different SIM card, please make sure to sign out of the Application or reset the device before giving the device.
1.5 You must provide truthful, accurate, and current information about yourself at all times as such information shall also be provided to your care provider. You shall be fully and solely responsible for any and all data and information which is uploaded to the Application. Datos and your care provider cannot and will not be liable for any data loss or damage resulting from your use of the Application.
2. Non-exclusive license to the Service
2.1 Non-Exclusive License. Subject to and conditioned upon Your acceptance and compliance with these Terms, Datos hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service, solely for Your and your personal care provider use.
2.2 Changes in the Service. Datos makes continuous efforts to constantly improve the Service for the benefit of its customers. Therefore, Datos may make changes to the Service from time to time, including by removing any feature or functionality of the Service. Datos will use reasonable efforts to provide you with a reasonable notice prior to any material change to the Service. You will not be entitled to any compensation on account of any changes to the Service.
2.3 Restrictions. You will not, nor allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the Service; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (c) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Service; (d) remove any proprietary notices or labels from the Service; (e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (f) develop any other product or service containing any of the concepts and ideas contained in the Service or use the Service for the purpose of building a similar or competitive product; (g) directly or indirectly take any action to contest Datos intellectual property rights or infringe them in any way; (h) make the Service available for timesharing, application service provider or service bureau use; and (i) remove, obscure, or alter any notice of copyright, Datos Marks (as such term is defined below), or other proprietary right appearing in or on any item included with the Service.
User hereby represents and warrants to Datos that:
3.1 He/she will not use the Service for any illegal or unauthorized purpose or infringe or promote the infringement of any intellectual, proprietary or other right of any party.
3.2 He/she will comply with all applicable laws and regulations in its use of and access to the Service.
3.3 He/she shall be solely responsible for any data which is uploaded to the Application and any and all activities that take place in his account.
3.4 He/she is aware that Datos is a software vendor and not a care provider, and as such Datos shall have no responsibility for the practice of medicine and for all medical decisions, judgments and actions taken or not taken in as a result of the Service.
3.5 The Application is not intended to be a substitute for diagnosis, treatment, or emergency response in any manner and the User measurement results will not be monitored in real time. If You are experiencing a medical emergency or if your measurement results fall outside of the normal range, as defined by your care team, please seek immediate care and treatment. Datos assumes no liability, and will not be liable, for any direct or indirect damages associated with your care and treatment.
4.1 The Service and all of the intellectual property rights in the Service (including Datos’ Marks) are, and shall remain, the exclusive properly of Datos and its affiliates, including but not limited to, any modifications or custom features to the Service to be developed by Datos.
4.2 Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations, comments, concepts and other requests or suggestions related to the Service (collectively “Ideas”) that You may provide to Datos, will be solely owned by Datos. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to Datos, free of charge.
4.3 All of Datos' trademarks, service marks, logos, domain names, copyrights and other proprietary rights associated with Datos and the Service, whether registered or non-registered, shall be collectively be referred to as “Datos' Marks“. You agree not to directly or indirectly (and not to allow any third party to): (a) use Datos' Marks for any purpose (other than as detailed hereunder) without Datos' express written consent; and (b) register, attempt to register, or assist anyone else to register any Datos' Marks or marks confusingly similar thereto.
4.4 By using the Service and Application, you hereby grant Datos the right to: (i) use, access, copy, adjust, and store any content uploaded to the Service or Application in an anonymized way as part of the provision of the Service to You and for the purpose of improving the Service (the "User Content"); (ii) provide a copy of the User Content to your care provider and the hospital that is providing you with this Service. Datos will not disclose User Content to any government or third party except as necessary to comply with the law or a binding order of a governmental body. Unless it would violate a law or a binding order of a governmental body, Datos will give You notice of any legal requirement or order referred to in this section. Datos does not claim ownership or any copyright in User Content unless otherwise agreed by us in writing.
5.1 YOU UNDERSTAND AND AGREE THAT THE SERVICE PROVIDED TO YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DATOS AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5.2 DATOS AND ITS RELATED PARTIES DO NOT WARRANT: (A) THAT THE SERVICE PROVIDED TO YOU WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THAT THE USE OF THE SERVICE PROVIDED TO YOU WILL BE UNINTERRUPTED OR ERROR FREE; OR (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
5.3 The foregoing exclusions and disclaimers are an essential part of these Terms and form the basis for determining the price charged for the Service. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply.
5.4 Datos' Service contain third-party proprietary software programs, including, but not limited to, open source components, which are distributed by Datos along with their associated license terms. Open source components are distributed AS IS, without any warranty, express or implied, and in accordance with their respective license terms.
6.1 DATOS, AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (EVEN IF DATOS OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE).
Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply. In such jurisdictions, liability is limited to the fullest extent permitted by law.
6.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DATOS' AND ITS RELATED PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LOWER OF (I) THE AMOUNT DATOS RECEIVED DUE TO THE PROVISION OF THE SERVICE TO YOU; AND (II) US$1,000.
6.3 You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of or related to the use of the Service or otherwise under these Terms must be filed within two (2) years after such claim or cause of action arose or You hereby agree to be forever barred from bringing such claims.
6.4 These Terms shall not confer any rights or remedies upon any person or entity other than Datos and You.
7. Term and Termination; Consequences of Termination
7.1 These Terms will enter into effect once accepted by You in the registration process and/or by your actual use of the Service and shall remain in effect for an indefinite period of time so long as You use the Service, unless terminated by a mutual agreement of both parties.
7.2 You may stop using the Service at any time. Immediately prior to your stopping such use, you will inform your care provider of such activity (with a copy to Datos).
7.3 Upon any termination of the Service for whatever reason, the following shall apply:
(a) All rights granted to You under the applicable license shall immediately be terminated.
(b) The expiration or termination of the license or these Terms shall not relieve the You of any obligation intended to survive under these Terms, including but not limited to, Sections 1.1, 2.3, 3, 4, 5, 6, 8 and 9.
You hereby agree to indemnify, defend and hold Datos and its directors, employees, service providers, agents, sub-contractors, representatives, and anyone on Datos’ behalf (the “Related Parties”) harmless from and against any and all claims, including related judgments, awards, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) and other expenses (collectively “Damages”) that are based on or arise directly or indirectly out of or from your breach of these Terms; and (b) any misuse of the account(s) by You or any third party on your behalf.
9.1 No waiver by either party of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
9.2 If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.
9.3 Datos may freely assign its rights and responsibilities hereunder without notice to You. These Terms are not assignable, transferable or sublicenseable by You except with Datos' prior written consent.
9.4 These Terms constitute the entire understanding between You and Datos, and revoke and supersede all prior agreements between the parties, and are intended as a final expression of the parties’ agreement.
9.5 Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
9.6 Datos reserves the right at any time to modify these Terms. Any such modification will be effective immediately upon posting the amended Terms on Datos' website or by sending an electronic mail to You. Your continued use of the Service after the effective date of any such modification will be deemed acceptance of such modified Terms.
9.7 If the Service was obtained from Datos Inc. or any of its resellers, all disputes arising out of these Terms will be subject to the governing law of New York, NY, United States of America and the exclusive jurisdiction of the competent courts located in the city of New York, NY, United States of America.
If the Service was obtained from Datos Health Ltd. or any of its resellers, all disputes arising out of these Terms will be subject to the governing law of the state of Israel and the exclusive jurisdiction of the competent courts located in the city of Tel Aviv – Jaffa, Israel.
9.8 The Parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit either party from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
9.9 Arbitration. If You obtained the Service from Datos, Inc. any disputes will be resolved by binding arbitration as provided in this section, rather than in court, except that You may assert claims in small claims court if Your claim qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules.
(a) To You. Datos may provide any notice to You under this Agreement by: (i) posting a notice on www.datos-health.com and any successor or related site designated by us (the “Datos Site”), as may be updated by us from time to time; or (ii) sending a message to the email address then associated the User's account. Notices we provide by posting on the Datos Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is the User's responsibility to keep his/her email address current. User will be deemed to have received any email sent to the email address then associated his/her account when we send the email, whether or not User actually receive the email.
(b) To Datos. To give Datos notice under this Agreement, User must contact Datos by personal delivery, overnight courier or registered or certified mail to the mailing address, as applicable, listed for the applicable Datos Contracting Party below. Datos may update the address for notices to Datos by posting a notice on the Datos Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
Datos Contracting Party Mailing Address
#10 Ahaliav Street, Ramat Gan, Israel