Privacy
Policy
Because your privacy is important
to us, we operate by the principles described below. We have created this
Privacy Policy in order to describe to you our practicing regarding the
information that we collect and how we use it. By using our website and
application (the “Service”) and/or accepting the Terms of Service (which
you can review below), you consent to the collection and use of your
information as we have outlined in this policy. By using or accessing the
Application and/or Website you declare your agreement to this Privacy Policy.
Capitalized terms used and not
otherwise defined herein, shall have the respective meanings ascribed to them
under Terms of Service.
The privacy policy governs the
privacy practices with respect to your use of the Datos
website and mobile application (the "Application") and the
services offered therein by Datos Health Ltd., which
operates the Application on which your care provider accesses your User Content. The Application is located on Google's
infrastructure. Therefore, Datos relies on Google's
security and privacy regarding to the infrastructure (hereby Google's Privacy
Policy https://www.google.com/intl/en-GB/policies/privacy/).
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:
1.
We use the information to provide
you with the Service and to communicate with you in accordance with our Terms
of Use. Such usage includes the transfer of information to your care provider
as well as your health organization.
2.
We use the information in order to further
develop, improve and customize the Service as detailed herein and in our Terms
of Use. Such use may include prevention of bugs and errors in the Service, the
development of new services to our clients, and the aggregation of statistical
data in a unidentified manner.
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 will not share with third parties
any information about you and your use of the Application as detailed herein
and in the Terms of Use unless that information shall be in an anonymized
format (which shall not allow a reasonable person to identify you), except when
it is permitted under the Terms of Use or is necessary to enforce them, when it
is required under the law or a court order, or for any of the following
purposes:
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.
Data Retention
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.
Information Security
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.
Miscellaneous
If
you believe that we have not adhered to our privacy policy, please notify us by
email to info@datos-health.com and we will use all commercially reasonable
efforts to promptly determine and correct the problem. We reserve the right to
change this Privacy Policy from time to time, so please review it frequently.
If we make material changes to this policy, and you are a registered user of
the Service, we will notify you by email.
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.
If
you have any question about our privacy policy, please contact us via
info@datos-health.com.
Last
modified: October 25, 2018
Datos Terms of Use
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”).
Please read these Terms of Service
and the Privacy Policy detailed below carefully (together, the “Terms“). The Service offered to the You (as such term
is defined below) is conditioned on your acceptance without any modification of
these Terms. If these Terms are not acceptable to You, You
should not install or use the Application.
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 info@datos-health.com.
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.
Intellectual Property Rights; User Content
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.
9.10
Notice.
(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