User Terms of Service and Privacy Policy

INTRODUCTION

These User Terms of Service and Privacy Policy (collectively, the “Terms”) apply to the use of the care remote services which are made available through the Website (the “Website”), the application (the "Application") or any other channel made available (and collectively the “Service(s)”), by Datos Health Ltd. and its affiliates (“Datos”), to you, the individual that use the Service.

You should review these Terms carefully and immediately cease using the our Services if you do not agree to these Terms. These Terms form a binding legal agreement between you (i.e., the user) and Datos.

These Terms may be amended by Datos from time to time by posting revisions to its Websites and Application. Datos will make reasonable efforts to ensure that any changes to these Terms are made available to you within a reasonable timeframe prior to taking effect. Your continued use of the Service following the date such amended terms take effect will be deemed to be acceptance of any amended Terms. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Service.

User Terms of Service

1. LICENSE

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferable and non-exclusive license to use the Service for your personal use. This license is provided to you for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

2. NO ACUTE MEDICAL ADVICE; NO REAL-TIME MONITORING AND ARTIFICIAL INTELLIGENCE

The Services offered by Datos do not constitute a medical advice and are not intended to offer you any medical advice from Datos. You should always seek the advice of your physician or other qualified health care provider prior to starting any new treatment, or if you have any questions regarding symptoms or a medical condition. Any information that you obtain through the Service is provided for informational purposes only. While the Service may provide you with information or facilitate your communication with your Healthcare Provider, it is not a substitute for the professional judgment of your Healthcare Provider. THE SERVICE IS NOT INTENDED, AND MUST NOT BE USED, FOR EMERGENCIES. The Service must not be used to replace emergency care, first aid or paramedic care, and cannot be used to contact or alert any emergency services.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY PLEASE CALL YOUR HEALTHCARE PROVIDER OR EMERGENCY SERVICES IMMEDIATELY.

Please note that your Healthcare Provider may opt to utilize tools and features that incorporates the use of Artificial Intelligence (AI) modules to enhance the user experience and offer decision-making or computing tools as part of the Service. For example, the Service offers healthcare providers the opportunity to use AI to view highlighted information summary of a patient’s file. AI systems use algorithms, data sources, and machine learning techniques to produce content, which may not always be accurate, consistent, complete, updated, or applicable to specific situations. Thus, we recommend independently verifying any content generated by such AI-systems and consulting with professionals for specific advice or information. Datos does not assume any responsibility or liability for the use or interpretation of such AI-generated content. Using such tools made available through the Service constitute User’s acknowledgement that it has read and understood the risks entailed in using this feature and the User agrees that any such use is made at its own risk. If you wish to decline any use of AI in relation to your treatment, please notify your Healthcare Provider.

3. HOW YOU CAN USE THE SERVICE

Our Service can only be made available to you if your healthcare provider (i.e., our customer) (hereinafter the “Healthcare Provider”) has provided you with access to our Website, Application, or through a designated browser created by Datos, for example, for conducting a chat or video session as non-registered Users.

The Service may be used only by you and must not be made available to any other individual, or for any other purpose other than the purpose designated by the Healthcare Provider.

Your use of the Service requires that you have hardware, software and an Internet connection and the fulfilling of certain recommended requirements (e.g., use of a specific browser). If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Datos.

Your sessions with the Healthcare Provider through the Service are strictly personal given the nature of your relationship with the Healthcare Provider. We strongly recommend that you will not allow any other person to participate in, observe or listen to such sessions or provide access to the session to anyone other than yourself.

Datos may change, terminate, or restrict access to any aspect of the Service, at any time, without notice. We reserve the right to impose limitations of use with respect to the Service based on what we consider fair or legitimate usage.

4. CONTENT; CHAT SERVICES AND RECORDINGS

These Terms govern your access to and use of the Service including with respect to any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as “Content”).

Any Content uploaded to the Service by you while using the Service shall be deemed as User Content (as such term is defined below). You are the sole responsible for any User Content you have made available through the Service.

You are responsible for your use of Service, including the lawfulness of any Content displayed, shared, uploaded or otherwise made available by you while using the Service (the “User Content”). You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content through the Service.

Recordings. Your Healthcare Provider can choose to record a session. This does not mean that any or all of your sessions are being recorded. If you intend to record your session, please note that you are responsible for compliance with all recording laws.

By using the Service, you are giving Datos your consent to: (a) such recordings of any or all sessions that you join (if in fact recorded); (b) store such recordings if so required by the Healthcare Provider; and (c) use the recordings strictly in accordance with our Privacy Policy. If you do not consent to be recorded or to the storage of the recording, you must not use the Service.

Datos reserves the right to access, read, transcribe, store, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

5. RESTRICTIONS ON CONTENT AND USE OF THE SERVICE

You must not use the Service to engage in illegal activities or to promote activities that are dangerous and illegal, such as the sale of illegal drugs. Datos reserve the right to report any illegal activity to the Healthcare Provider, and/or the applicable local authorities.

Do not engage in harassing, bullying or threatening behaviour and do not incite others to engage in these or similar aggressive activities. Anyone using the Service to single someone out for malicious abuse, to threaten someone with serious harm, to sexualize a person in an unwanted way. In emergency situations, we may escalate imminent threats of serious harm to law enforcement. Online harassment is illegal in many places and can have serious offline consequences for both the harasser and the victim.

Do not engage in sexually explicit, sexually suggestive, erotic or any other indecent behaviour while using the Service. Do not publish, circulate, display or link to non-explicit intimate and sexual images or videos and do not access commercial pornography sites while using the Service.

Do not disclose other individual’s personal information, your credit card numbers or account passwords.

While using the Service, do not engage in violent behaviour.

Do not transmit viruses, malware, or any other malicious or destructive code. Do not distribute content that harms or interferes with the operation of the network, servers, or other infrastructure of Service or others. Do not use the Service for phishing scams.

Do not participate in or provide content that deceives, misleads or confuses users.

Do not access an account or any information that is not yours without permission. Do not impersonate a person or organization or misrepresent yourself (e.g. do not impersonate any person or organization you do not represent, provide misleading information about a user’s identity, do not falsely imply affiliation with or endorsement by another individual or organization).

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate written agreement with Datos; (iv) use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or interfere with or create an undue burden on the Service or its users.

6. LIMITATION OF LIABILITY

Under no circumstances will Datos be liable in any way for any Content provided by the Healthcare Provider or User Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available trough the Service.

Datos provides the Service “AS-IS”. You acknowledge that the Service comes with no warranty, expressed or implied, including, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance, and quality of the Service.

Limitation of Liability. Datos shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service. In any event, Datos’ total liability shall not exceed the amount of US$ 100.

7. THIRD PARTY PROVIDERS; INTEGRATIONS

To provide you with certain functionalies, Datos uses the services of third-party service providers (the “Third Party Providers”) which are being integrated into the Service. Where applicable in these Terms, the term “Datos” shall also be understood as a reference to affiliates and Third Party Providers that Datos engages or otherwise cooperate with in connection with the Service.

8. INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY

All rights, title to and interest in the Service (excluding User Content) are and will remain the exclusive property of Datos. The Service and its content are protected by copyright and other intellectual property rights in the country you reside as well as foreign countries.

Except for the limited, personal, non-exclusive, non-transferable and revocable license granted to you for the sole purpose of your use of the Service in compliance with the Terms, you are not granted any ownership of or license to any intellectual property rights in our Service or in the content owned by us our partners that you access through the Service.

The trademarks, logos, domain names and any other similar signs or symbols which are displayed as part of the Service are the registered and unregistered marks of Datos or any Third Party Providers. Nothing in the Terms grants you the right to use any such marks.

Each party will preserve the confidentiality of all Confidential Information of the other party obtained in connection with these Terms. Neither party will disclose any Confidential Information of the other party other than where the other party has given its prior written permission or where the Confidential Information must be disclosed by law. “Confidential Information” means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by you or Datos or which is otherwise learned or accessed by you or Datos as a result of the Service.

9. TERMINATION

You may stop using our Service, by leaving the session and/or discontinue you use of any feature of the Service.

Datos may terminate the Service, or any part thereof, at any time, and in accordance with our agreement with your Healthcare Provider.

10. PRIVACY AND PERSONAL DATA

When delivering the Service, Datos may monitor, collect, use and store anonymous and aggregate statistics regarding use of the Service and/or any individuals or entities that interact with the Service (collectively, “Analytic Data”). By agreeing to these Terms, you hereby grant Datos and its affiliates, an unlimited, perpetual, irrevocable, royalty-free, worldwide license to use the Analytic Data for any legitimate purpose as outlined in our Privacy Policy.

11. COMMUNICATION

Datos may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, e-mail, or other means of electronic communication, or through any other relevant communication channels that is provided to us by the Healthcare Provider.

12. MISCELLANEOUS

Partial Invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Force Majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation, or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.

Assignment. Datos is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.

Choice of Law and Dispute Resolution. These Terms shall be governed by and interpreted in accordance with the governing law and jurisdiction provisions set forth in our Privacy Policy.

Last Modified: 1 November 2024

User Privacy Policy

*Capitalized terms used and not otherwise defined herein, shall have the respective meanings ascribed to them under the introduction to these Terms or the Terms of Service.

While using Datos’ Service, Datos may need you to provide it with certain personally identifiable and other information that can be used to contact or identify you, all at the request and as per the instructions of your Healthcare Provider.

Any such access to your information will be made in accordance with the terms provided herein, as well as other personal information you may provide us in the course of using our Service, for example, your email address, first and last name, address, phone number, location data and other usage data.

The purpose of this Privacy Policy is to inform you how information may be collected from you and how it may be used and protected by us. This Privacy Policy applies across all websites, apps, landing pages, etc., we own or operate and all Services we provide, and governs the privacy practices with respect to the collection, use and disclosure of personal information when you use our Service and the choices you have associated with such data.

Protecting your information and maintaining your privacy is very important to Datos. For this reason, Datos complies with the highest privacy standards, including the European Union’s 2016/679 Directive General Data Protection Regulation (“GDPR”), United States’ healthcare-focused privacy law - The Health Insurance Portability and Accountability Act (“HIPAA”) and the California Consumer Privacy Act (“CCPA”). To ensure we provide you with the highest standard of security measures, Datos’ Service runs on the trusted infrastructure of reliable close service providers. However, this in no way means we are responsible for the privacy or data security practices of our customers (i.e., your Healthcare Provider) or yours and how they or you use our Services.

1. WHAT INFORMATION DO WE COLLECT?

When you access and/or use our Service, we may collect information as instructed upon us by your Healthcare Provider, such as (the “Personal Information"):

· Contact information (for example, your full name, postal address; telephone number, mobile numbers, e-mails address, etc.).

· Demographcic information (for example your age, gender, etc.).

· Medical information (for example, your height, weight, medical history; line of treatment, test results, etc.).

· Health metrics (for example, your health measurements such as blood pressure, time spent being active, heart rate, etc.).

· Content and information (including any files, documents, photos, etc.) that you or your Healthcare Provider upload to, or download through, the Service.

· Recordings of sessions held between you and your Healthcare Provider.

· Your interests, preferences, feedback and survey responses.

· Your location data.

· Usage data such as such as type of device you’re using when you logon to the Service, IP address, device information, time of access, browser type and language, Internet Service Provider ("ISP"), the Web pages that you visit, the content you use and the URL of the Web page you visited before navigating to the Services, and other identifiers which may qualify as Personal Information.

· Your correspondence and communications with Datos.

Please note that the list provided above is not exhaustive and, in certain instances, we may need to collect additional personal data for the purposes set forth in this Privacy Policy.

Also, please note that the health-related data points made available to Datos through your or your Healthcare Provider’s use of the Service are defined by your Healthcare Provider.

Anonymized Information. Datos also collects certain unidentified information that relates to your online browsing activities on our Website or through the Service (the “Anonymized Information”). Anonymized Information is non-identifiable information that, when taken alone, cannot be used to identify you. We may anonymize or de-identify the information collected through the Service or via other means so that the information cannot, on its own, personally identify you. We also collect aggregate user data regarding your use and activity in the Services. Our use and disclosure of such aggregated or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation and for any purpose.

2. HOW DO WE COLLECT YOUR INFORMATION?

Datos obtains access to your Personal Information and Anonymized Information (together referred to as “Information"), as follows:

Information that you or your Healthcare Provider provide to Datos

· Information provided by you while using available Service (e.g., chat and video call functionalities), including such information that is derived from your browsing activities or the use in our Service (e.g., when you log into your account);

· Information regarding your health measurements that is manually uploaded through the Service or that is automatically being synchronized with your account through add-on device (such as a smart watch);

· Information that you or your Healthcare Provider uploads to the Service;

· Information which you provide when you complete various questionnaires, which your Healthcare Provider asks you to complete;

Information Collected Through the Services.

When you access or use the Service, Datos may automatically collect Information about you, including, but not limited to usage data (as described in Section 1 above). It does so by monitoring users’ activity in connection with the Service and logs such information.

Information Collected through “Cookies” or Other Tracking Technologies.

“Cookies”. Datos may use “cookies” (small data files which are sent to your device by a website or other online application, to enable the storing of information which uniquely identifies you such as remembering web pages that you have viewed) to monitor your browsing behaviour.

If you want to disable or change your “cookies” settings, you will have to access your device’s browser settings. Please note that if you disable all cookies, some (or all) of the features and functionality of the Service may not be available to you.

Third party cookies. The use of “cookies” by third parties you may sign-in from into the Services and/or third-party applications, is not covered by our Privacy Policy. We do not have access or control over such cookies.

Information Collected by Other Tracking Technologies.

Other than cookies, Datos may use various technologies to collect information, which may include a use of web beacons (also known as "tracking pixels"). Web beacons are electronic images (also called "gifs") that may be used in the Services or in emails that help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.

Datos may also obtain information from third parties and combine that with the Information it collects through the Services. For example, Datos may have access to certain information from a third-party Application Tracking Systems (“ATS”) service if you create or log into your account through the Service or otherwise provide it with access to information from the Service. Any access that Datos may have to such information from a third-party ATS service is in accordance with the Privacy Policy and authorization procedures determined by the ATS service.

3. HOW DO WE USE THE INFORMATION?

Datos may use the Information collected about you for the limited purpose of providing the Service and related functionality, or as otherwise specifically described in this Privacy Policy and as permitted by applicable laws. Such limited purposes include circumstances where it is necessary for Datos to provide or complete Services requested by, or for, you, or where you have given Datos your express consent. Your Information may be used to perform a variety of purposes, including:

· Provide, operate, maintain, improve and audit the Service.

· Enable your access and use the Services and identify you, so that we can provide and deliver your Service’s requests, process and complete transaction, and send you related information.

· Send you technical notices, updates, security alerts and support and administrative messages and generally communicate with you in accordance with these Terms, including, responding to your comments, questions, and requests and provide customer service and support in connection with the Services, features, surveys, and provide other news or information about Datos and our select partners.

· Monitor and analyse trends, usage, and activities in connection with the Services for research, marketing or advertising purposes.

· Continue developing, improving and customizing the Service and the user experience. Such use may include prevention of bugs and errors in the Service, the development of new services to our clients, the aggregation of statistical data in an unidentified manner and monitoring of the use in our Service, monitoring and analysing trends, usage, and activities in connection with the Services for any purpose related to the improvement of the Service.

· Personalize and improve the Service, and provide content, features that match your interests and preferences or otherwise customize your experience on the Services.

· Promote safety and security of the Information and our systems. Such use may include verification of the authenticity of the user who is connecting to the Service, investigating and preventing fraudulent transactions, unauthorized access to the Service, and other illegal activities, accommodating for Cybersecurity needs, fraud detection and misuse of the Service.

· Managing insurance claims and internal record keeping.

Sharing Your Information with Third Parties.

Datos may share the Information collected about you with third parties for the limited purpose of providing the Service or as otherwise described herein as follows:

· Where it has a legal right or duty - to use or disclose your Information (for example in relation to an investigation by a public authority or in a legal dispute).

· Transferring your Information to your Healthcare Provider as well as your health organization.

· Where it is required to do so to provide you with the Service, by such third parties that provide and/or operate certain features embedded in Datos’ Service. Datos restricts the access to your Information to those employees or service providers of Datos with a need to know it, to carry out their functions and make the Service available to you. Datos ensures that all such employees, consultants, and independent contractors sign confidentiality and nondisclosure agreements.

· Datos may also share your Information with its legal counsels and accountants, potential business partners, investors, or the public or in connection with a potential merger, acquisition, or sale of all or substantially all of its assets, in all cases subject to confidentiality and nondisclosure restrictions.

· Datos may provide to third parties with unidentifiable Information collected as a result of your use and/or access to the Service, including, in combination with unidentified information of other users. For example, we might inform third parties regarding the number of users of our Service or the activities they conduct while on browsing or using the Service. In addition, Datos may share certain anonymized and unidentified information with third parties to enhance the user experience and provide additional services. For example, Datos may share anonymized and unidentified information to enable interactions with AI modules, in accordance with the Terms. Such combined data is used to improve the performance and functionality of our Service and to develop and refine related services. It is important to note that the shared information DOES NOT INCLUDE any personally identifiable information. If you have any concerns or questions regarding the privacy of your information, please refer to our full privacy policy or contact our support team for further assistance.

Datos may (or may not) charge such third parties for such unidentifiable Information. Datos may also choose not to limit such third parties’ use in such unidentifiable Information, provided that, if we choose to do so we shall require that such third parties undertake not attempt to deanonymize such information by combining it with other databases or performing similar actions.

How is Information Shared with Your Healthcare Provider?

· The Information uploaded to the Service is shared with your Healthcare Provider through the Service as per your Healthcare Provider’s instructions. Please note that as between Datos and your Healthcare Provider, any Information related to you is owned by your Healthcare Provider.

· Datos may also share your 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 disclose Anonymized Information obtained through your use of the Service in an anonymized format, which shall not allow a reasonable person to identify you, except when it is permitted under the Terms, or as necessary to enforce them, or when it is required under the law or a court order, or for any of the following purposes:

o Datos may use service providers for technical aspects of operating and supporting the Service, those third parties might be exposed to information collected based on your activities within the Service.

o If Datos receives a judicial order that requires it to share or disclose your information or information about you to a third party. 

o In any dispute, claim, prosecution or legal proceedings of any kind arises between you and Datos.

o If Datos re-organizes the operation of the Service within a different corporation, or if Datos merges into or with other entities or merges the operation of the Service with a third party, Datos shall be entitled to transfer to the new entity a copy of the Information about you collected from the Service, 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-day prior notice within the Service and with the opportunity to delete your account Information altogether before the policy changes take effect.

· Except as provided in this Privacy Policy, Datos will not share any identifiable Information with third parties with respect to you and your use of the Service.

Aggregated and Analytical Information. Datos may also use standard analytics tools such as Google Analytics, to learn more about how you and other users' use our Service, and how we should improve our user experience. These tools maintain their own privacy practices in accordance with their own privacy policies to provide their service. Further information about how Google uses data when you use our Service, can be found here.

Our cloud service providers. The server(s) on which the Service are hosted and/or through which any of the Service are processed are located within the State of Israel, United States and Europe, however, some of the Information may be managed by third parties, in accordance with the place of business of the Healthcare Provider through which you have received access to Datos’ Services. Normally, for Customers located in (i) Israel or Europe, the data will be hosted on servers located in Europe; (ii) for Customers located in the United States, the data will be hosted on servers located in the United States; and (iii) for Customers located in Australia or New Zeland, the data will be hosted on servers located in Australia. If you have questions on the whereabouts of the servers on which your data is hosted please feel free to contact us at privacy@datos-health.com.

Please note that where we rely on your consent to process any of your Personal Information, you have the right to withdraw or decline consent at any time. Where we rely on our legitimate interests to process your Personal Information, you have the right to object. If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us through the contact details available below.

4. DATA RETENTION

All your information is stored via cloud service providers which are HIPAA certified. You can see all the information uploaded to the Service when accessing the app or designated website. You can add additional information, but you can't delete information which has been uploaded. You may delete the your account at any time, however, please note that even if you choose to do so, your Information shall not be automatically deleted and shall remain stored on cloud service providers, unless we are instructed to delete such Information by your Healthcare Provider or as otherwise required under the applicable law.

Datos will retain your Information for as long as we are instructed to do so by your Healthcare Provider. If you wish to deactivate your account please contact us via privacy@datos-health.com. However, please note that we may retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce these Terms.

Notwithstanding the aforementioned, please note that Datos will not retain your Personal Information for longer than necessary for the purposes set out in this Privacy Policy. Different retention periods apply for different types of data.

When you send an email or other communication to privacy@datos-health.com or any other correspondence that you have with us, we may retain those communications in order to process and respond to your requests and improve our Service.

Please DO NOT send us any communication which contains confidential or sensitive information, since we are unable to evaluate whether your content constitutes as confidential or sensitive information, or not, and we may retain or use such communication as described hereinabove, and such retention or use shall not be deemed as a breach of any of our obligations pursuant to this Privacy Policy.

5. SPECIFIC PROVISION FOR NORTH AMERICA

This Section 5 applies to you only if your Healthcare Provider’s main place of business is located in the North America. Datos adopted the following provisions to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section 5.

As further detailed in Section 1 above, the following categories reflect to type of Personal Information which Datos has collected within the last twelve (12) months:

· Identifiers and Personal information as listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), for example, first names, surnames, telephone numbers, postal address, unique personal identifiers, online Identifiers, Internet Protocol address, business or private email addresses, account usernames or other similar identifiers.

· Electronic network activity information, including, but not limited to, browsing history and any additional information related to your interaction with our Service etc.

· Geolocation data

· Audio, electronic, visual or similar information.

· Inferences.

· information categories as listed in the California Customer Records statute.

Datos may use the Personal Information it collects or receives for its legitimate interests (as set out in Section 3 above), which Datos believes are not overridden by your fundamental rights. Datos may also disclose such Personal Information to third parties for its legitimate purposes as described in Section 3 above.

In the preceding twelve (12) months, Datos has not sold any of your Personal Information.

Your rights as a California Resident. You are entitled to request the following specific rights under the CCPA, solely with respect to Personal Information related to you:

· Request to know (a) what categories and specific components of Personal Information we collect about you and from which sources; (b) categories of Personal Information that we disclosed for the purpose described in Section 3 above, and the categories of third parties with whom we have shared any particular category of your Personal Information. If we disclose any of your Personal Information to a third-party, we will provide you, after authenticating your identity, with a list that will identify the specific category of your Personal Information which was disclosed.

· Request that we delete any Personal Information we collect about you. After authenticating your identity, we will delete (and direct our service providers to delete) any Personal Information related to you from our records, unless an exception applies. Please note that if we need to delete any Personal Information related to you following your request, it can take time until we completely delete residual copies of Personal Information from our servers and backup systems.

· Instruct us not to sell any Personal Information related to you that was collected by us.

· You have the right not to be discriminated against by Datos, for exercising your rights under the CCPA.

If you have any concerns about how we process Personal Information related to you, or if you wish to withdraw your consent, for any reason, kindly let us know by sending an email to privacy@datos-health.com. Please note that exercising this right will not affect the lawfulness of any previous processing activities based on consent that was lawfully obtained before its withdrawal. Also, please note that Datos shall not charge you for requesting to exercise any of the rights set forth in this Section 5.

6. SPECIFIC PROVISIONS FOR EU AND UK

This Section 6 applies to you only if your Healthcare Provider’s main place of business is located within the European Economic Area (EEA) or United Kingdom. Datos adopted the following provisions, to comply with the EU 2016/679 Directive General Data Protection Regulation (“GDPR”), pursuant to which Datos will be considered as a "Data Controller" with respect to our use of Personal Information of residents of the European Union.

Legal Basis. Datos bases its processing activities of any Personal Information related to you as “Data Processor” or “Data Controllers” (as applicable) based on the following lawful grounds:

· Datos relies, primarily, on your consent to these Terms of Service, as a legal basis for processing any Personal Information related to you or communicating any other promotional material.

· Datos may collect and use your Personal Information when it is necessary for one of the legitimate uses set out in Section 3 above, which we believe are not overridden by your fundamental rights.

· We may process your Personal Information to comply with a legal obligation and to protect our users' vital interests.

If, at any time, you wish to exercise your rights in accordance with the provisions provided by law (including as provided under this Section 6 of this Privacy Policy) you may send us an email to privacy@datos-health.comand request, under certain circumstances as provided by the GDPR:

· to access your Personal Information together with information about how, and on what basis, such information is being processed. Should you desire to receive such information in a different format than the one that was provided to you, you can contact us via privacy@datos-health.com and we shall use commercially reasonable efforts to accommodate your request, if applicable.

· to rectify any of the Personal Information being held when such information is inaccurate.

· to delete or restrict access to your Personal Information in limited circumstances as described under the GDPR. Please note that if we need to delete any Personal Information related to you, as per your request, it can take time until we completely delete residual copies of such data from our servers and backup systems.

· to withdraw your consent to the processing of your Personal Information. However, please note that exercising this right will not affect the lawfulness of any previous processing activities based on consent that was lawfully obtained before its withdrawal.

· to obtain and reuse your Personal Information for your own purposes across different services, as part of your right to data portability.

By accessing or using the Service or otherwise providing Information to us, you consent to the processing and transfer of information in and to the European Economic Area (EEA) and other countries and territories, which may have different privacy laws from your country of residence, as further described in Section 8 below.

Please note that you have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

If you have any concerns with respect to our methods of processing any Personal Information related to you, or if wish to withdraw your consent, for any reason, kindly let us know by sending an email to privacy@datos-health.com or notify your Healthcare Provider.

Datos will not charge you for requesting to exercise any of the aforementioned rights.

7. SPECIFIC PROVISIONS FOR AUSTRALIA

This Section 7 applies to you only if you are a resident of Australia and also applies to the extent of any inconsistency between this clause and this Privacy Policy as a whole.

· Datos will comply with the Australian Privacy Act 1988 (Cth) (as amended from time to time) with respect to your Personal Information.

· If we use your Personal Information for research purposes, your Information will be de-identified. We will also use de-identified information for quality improvement, audit and benchmarking purposes.

· If we use your Information for purposes other than those identified in this Privacy Policy, your Information will be de-identified for that use.

· Datos will not use your Information to send you marketing or advertising information or information about our products, services or programs.

· Datos will not personalise the Service, or provide content, features and/or advertisements to you.

· Datos will not share your Information with any third party other than the Client, except where compelled to do so by law.

· Datos may use or disclose your Personal Information in countries other than Australia including, Israel and Ukraine.

· The servers on which the Service is hosted and/or through which any of the Service are processed are within Australia. You Information will only be stored in Australia.

· Your Information will not be collected, transferred or stored outside of Australia.

· You are entitled to have your Information deleted from the Application if you choose to do so.

8. SPECIFIC PROVISIONS FOR USERS FROM ISRAEL, UNDER THE ISRAELI PROTECTION OF PRIVACY ACT, 5741-1981.

· If you are an Israeli resident, you should note that we collect, use, disclose, and otherwise process Information as described above with your consent where required by applicable law.

· Users are under no legal obligation to provide Datos with any Personal Information, however, if you choose not to provide us the data categories we request, some (or all) of the features and functionality of the Service may not be available to you.

· Further, if User provides Datos with details of any other individual, he/she must give a copy of this Policy to, and obtain consent from, that individual before disclosing their Personal Information to us.

· Please note that according to the Israeli Privacy Protection Law, 1981 (the “PPA”), every individual is entitled to review information about themselves, either personally, or through a duly authorized legal representative, or through a guardian. If you submit such a request to access and/or review your Personal Information we keep about him/her (which may be a digital copy), Datos will not charge you with a fee for such request.

· If, after examining your Personal Information, you find it to be incorrect, incomplete, unclear, or outdated, you may request that we correct or delete said information.

· If we decline your request in accordance with the PPA, we shall notify you, in the manner and procedure prescribed by the PPA and the applicable regulations.

· Please note that Datos may request you to provide certain credentials to verify your identity as a condition for reviewing your application.

9. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

Your Personal Information may be collected, transferred to and stored by Datos and by our affiliates and such third parties to which Datos discloses your Information in accordance with the provisions of Section 3 above.

Accordingly, you should note that your Personal Information may be processed outside of your jurisdiction, including in countries and jurisdictions that are not subject to an adequacy decision by the applicable local legislature or regulator in your jurisdiction, and may not provide for the same level of data protection as your jurisdiction.

However, please note that Datos takes measures to ensure that any processing of your Personal Information by Datos, its affiliates and such third parties to which Datos discloses your Information in accordance with the provisions of Section 3 above, are governed by adequate level of protection and security contractual obligations and, where applicable, such obligations include the standard contractual clauses or an alternative mechanism for the transfer of data as approved by the applicable regulators or legislators.

By agreeing to the terms of this Privacy Policy, you provide Datos with your consent to collect, transfer and/or store your Personal Information outside of your jurisdiction, to the extent that such consent is require under any applicable law.

10. INFORMATION SECURITY

Please be advised that the confidentiality of any communication transmitted to you or by you via the Internet (including our Websites and Applications, e-mail, and text message) can never be fully guaranteed. Accordingly, and your health care organization are not responsible for the security of Information transmitted via the Internet (including our websites and applications, e-mail, and text message). However, should we become aware of a security breach, we will notify any affected user, so that they can take appropriate protective steps. Such notification shall be issued by Datos in accordance with the applicable (local) laws and regulations, as well as Datos' internal policies.

You are responsible to secure your mobile and physical environment. Therefore, and in order to keep access your data safe, we recommend you implement the following information security requirements as demanded by HIPAA as well as the following guidelines:

· Do not leave your password unattended and do not give it to an unauthorized person.

· Set a screen saver after at least 20 minutes of inactivity of your mobile device.

· Install an antivirus or end point security client.

You are responsible to inform Datos (either personally or through your care team) in the event of any security breach to any device through which you access the Service (e.g., mobile phone, computer, etc.) or to your portal account immediately after you become aware of such breach.

The Datos’ App is free and available via Google Play and App Store. As a user, you should be aware of application updates and download them as soon as published.

You shall be fully and solely responsible for any and all data and information which is uploaded to the Service.

11. CHANGES TO THIS POLICY

We reserve the right to change the terms of this Privacy Policy, from time to time, so please review it frequently. If we make material changes to this Privacy Policy, and you are a registered user of the Service, we will notify you when we make any changes through the Service.

12. GOVERNING LAW

If the Service was obtained from Datos Inc. or any of its resellers, all disputes arising out in this Policy 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 this Policy 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.

You agree to 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.

13. MISCELLANEOUS

If you have any question about our Privacy Policy or if you believe that we have not adhered to our Privacy Policy, please notify us by email to privacy@datos-health.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.

Last Modified: 1 November 2024.