ARYS™ pro legal information - yband therapy AG

ARYS™ pro Software (hereinafter: the app): General Terms & Conditions of Use

The provider of the app is yband therapy AG, Laufenstrasse 66, 4053 Basel, Switzerland, e-mail: info@ybandtherapy.com (hereinafter: yband).

If you wish to use the app, you must agree to comply with the following General Terms & Conditions of Use. These General Terms & Conditions of Use also apply to all updates and program supplements of the app. Please therefore read them carefully.

  1.   General Information regarding Use

1.1   To use the app, you will need a mobile device which meets specific system requirements. yband is not responsible for ensuring that the system requirements are met; the clinic/practice (hereinafter: the user) has sole responsibility for ensuring that the system requirements are met.

1.2   The contents of the app are for clinic/practice use only. Downloading the app does not grant you any copyright or industrial property rights unless such rights have been explicitly granted in these General Terms & Conditions of Use.

1.3   The app and its functions must not be used in an improper manner. Please ensure that you use the app in the legally permitted manner as set forth in these General Terms & Conditions of Use. In the event of any infringement of applicable law or these General Terms & Conditions of Use, yband reserves the right to prohibit your use of the app.

1.4   The user is responsible for ensuring that third parties do not have access to its password. The user assumes full responsibility for all actions which are performed using its login details.

1.5   The app may contain a type of software known as open source software. The code of open source software is a computer software code

for which the source code is made available for free use by anyone provided the open source software license conditions are met. You can read the open source software license conditions here.

  1.   App Default Settings (Privacy by Default)

yband has not configured any default settings in the software. If the user makes use of default settings which relate to the processing of patients’ personal data, it must comply with the relevant data protection legislation.

  1.   Usage Rights and Copyright

3.1   The content offered via the app is protected by copyright. yband makes this content available for the user’s company-internal purposes only.

3.2   The user is granted simple, non-exclusive rights, which are for a limited period and cannot be transferred to third parties, to use the app and its contents.

3.3   The usage rights permit access to and use of the contents and functions of the app.

3.4   Any use beyond that is excluded and requires separate prior written consent from yband. In particular, the contents may not be modified, copied, republished, transferred, disseminated or stored without the consent of yband.


3.5   Selling the software or transferring it in other ways to third parties (including leasing, letting, loaning or sub-licensing) is not permitted. Furthermore, modifying, reverse engineering, decompiling or disassembling the software program code or parts thereof, or determining the source code in any other manner, or creating works derived from the software, is prohibited, unless explicitly permitted by law in exceptional cases.

  1.   Liability

yband does not provide any guarantee with regard to whether the app is available, reliable, functional or suitable for your purposes. Unless applicable pursuant to the Product Liability Act [ProdHaftG], or due to intent, gross negligence, injury to life, body or health, under the terms of a quality guarantee, or due to fraudulent concealment of a defect or infringement of major contractual obligations, liability is hereby disclaimed.

Major contractual obligations are obligations the fulfillment of which ensures proper implementation of an agreement, and which the contractual parties may normally reasonably expect to be fulfilled. Damages due to infringement of major contractual obligations shall be limited to foreseeable damages which are typical of such an agreement, unless there is intent or gross negligence.

  1.   Data Protection

The Data Protection Declaration regarding yband apps applies. Furthermore, the user has sole responsibility for ensuring compliance with data protection law, in particular with regard to the gathering of patients’ personal data. In particular, the user must uphold patients’ rights to information and other relevant rights. The user shall release yband from patients’ claims which arise from unlawful processing of personal data immediately when asked to do so.

  1.   Termination

6.1   These General Terms & Conditions of Use shall apply indefinitely.

6.2   They may be terminated by either party without notice if there are significant grounds.

Significant grounds entitling yband to terminate without notice shall be deemed to exist in particular if the usage rights granted to the user are exceeded.

  1.   Final Provisions

7.1   yband works continually to optimize its services. yband therefore reserves the right to add or remove functions and features to/from the app, and if necessary to impose new restrictions on services. You may choose to stop using the app at any time.

7.2   yband reserves the right to amend and modify these General Terms & Conditions of Use. We will keep you informed via suitable channels.

7.3   If individual provisions of these General Terms & Conditions of Use are or become invalid or void, this shall not affect the validity of the other provisions.

7.4   The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of UN CISG. The relevant legislation regarding constraints on the choice of law and the applicability of mandatory regulations, in particular of the country in which the user as consumer habitually resides, shall remain unaffected.

7.5   If the user is a merchant or a legal entity or special fund under public law, the place of jurisdiction and place of fulfillment shall be the location of yband’s headquarters.




yband App Data Protection Declaration

 

Below we provide our Data Protection Declaration, with information about how we gather and use personal data when our app is used. You may also view this Data Protection Declaration at any time via our website (Link). From time to time this Data Protection Declaration may be updated. We therefore recommend that you check it at regular intervals to ensure you have read the most recent version. Changes to this Data Protection Declaration which require your consent will only be effective if you have granted us said consent.

 

1.                INFORMATION REGARDING THE GATHERING OF PERSONAL DATA AND PROVIDER IDENTIFICATION
 
1.1              Below we provide an overview of the points at which and for what purposes the app gathers your personal data/the personal data of patients on your behalf during use. Personal data are data which relate to you and/or to the patient personally, e.g. name, address, e-mail address, user behavior. Please read this Data Protection Declaration carefully before using the yband app. We recommend to clinics that before personal data are gathered via the app they should notify their patients about the processing of data.
 
1.2              The provider and responsible entity vis-a-vis users of the app is yband therapy AG, Laufenstrasse 66, 4053 Basel, Switzerland, e-mail:info@ybandtherapy.com. Vis-a-vis patients, the responsible entity is the user of the app. This Data Protection Declaration therefore logically also reflects the processing of personal data of the clinic/practice vis-a-vis patients and is to be understood accordingly.

 
2.                RIGHT TO INFORMATION; RIGHT TO REVOKE
 
2.1              You are entitled at any time to demand that we provide information regarding the data about you which we have stored, and regarding the origin, recipients or categories of recipient to whom such data are sent and the purpose of storing the data.
 
2.2              Moreover, registered users may at any time view, check or modify their customer master data in their personal profile on the app.
 
2.3              If you have granted consent for the data to be used, you may revoke that consent at any time.
 
2.4              Please send all requests for information, queries regarding information or revocations of consent to the processing of data by e-mail to info@ybandtherapy.com or to the physical address indicated in Section 1.2.

 

3.                DATA SECURITY

 
3.1              We apply state-of-the-art technical measures to ensure data security, in particular to protect your personal data against risk during data transfer and to prevent third parties from accessing your data. We update these technical measures accordingly as the state of the art changes.
 
3.2              Communication between the app and the tracker is encrypted. To this end we use 256-bit SSL encryption and transfer the data using secure HTTPS. Please note, however, that in the case of data stored locally on your device, we cannot rule out the possibility that the data may be misused by third parties, e.g. if your device is stolen. We therefore recommend that you protect your device accordingly, e.g. by using code locking.

 

4.                GATHERING OF PERSONAL DATA; PURPOSE OF USE

 
System Security and Statistics


4.1              For the purposes of system security and for statistical evaluation, we gather the following data:

·       type of device used 
·       operating system of device used 
·       IP address of device used 
·       if necessary the device ID of the device used (MAC number) 
·       information regarding access to and use of the service in question 
·       information regarding app crashes and faults, including a timestamp indicating when the fault occurred

 
4.2              These data are gathered to enable you to use our app and services, to eliminate faults and for the purpose of system security, in particular to fend off attempts to hack into our server. The IP address is deleted at the latest after five days. 

 

Registration and Log-in

 
4.3              To ensure that the services and products we offer function properly, registration is required in order to use the app. Once registration has been performed, a user profile will be created for the clinic/practice, and the software will be coupled with all ARYS™ pro trackers. For security reasons, after you provide your data we will send (to the e-mail address you have provided) a security code which the superuser must enter via the ybandtherapy.com registration page for identification purposes. Once this verification procedure has been completed and the product code has been entered, you will be able to use the app to its full extent.
 
4.4              As part of the registration process the following information (indicated with an asterisk) must be provided: name of clinic/practice, e-mail, address. A separate log-in must be created for each individual user, for which the following information is required (indicated with an asterisk): last name, first name, username (for log-in) and e-mail address.
 
4.5              The aforementioned data will be used for registration purposes and for the log-in for the app. We may also use the clinic/practice data in the event of product recalls in order to guarantee that our products can be used safely. The data will not be used for any other purposes (e.g. forwarding to third parties) unless required by law or set forth in this Data Protection Declaration.
 
4.6              The customer area is protected by your password.

 

Gathering of Content Data

 
4.7              Along with the aforementioned master data, the following content data are gathered by your ARYS™ pro tracker and synchronized with the ARYS pro software so that you can evaluate and make full use of the functions of ARYS™ pro:
 ·       arm activity, i.e. the extent of the ARYS™ pro tracker's recording of the arm activity of your patient, including historical data regarding arm activity;

4.8              yband itself does not have access to the aforementioned content data. You can make the aforementioned content data available to third parties (e.g. patients or physicians) via e-mail. However, please bear in mind that this is personal health data. Data should therefore not be forwarded unless you are confident about the addressee and certain that your data will be kept confidential.

 

 Storing of Data

 

4.9              Data gathered will be stored centrally by yband on a server in France and also backed up by a server in Switzerland. The data will not be sent to countries outside the EU or Switzerland.

4.10           Should we commission third parties for hosting, they will only process and use your data in the interest and on behalf of yband and only for the purposes set forth in this Data Protection Declaration.

 4.11           For legal reasons, we are obliged to store your registration data for 13 years. This is to ensure that in the event of any problem with the product, the manufacturer can contact the customer at any time.

 4.12           If you make use of the back-up solution provided by yband for all data gathered in the app, the provider's terms & conditions apply.

 

Direct Marketing

 4.13           We will use the e-mail address you provide when you register (or, if you update your profile, any subsequent e-mail address you provide) for direct marketing of our own services which are similar to those you already use, unless you have opted out of such direct marketing. You can revoke your permission for the use of your e-mail address for this purpose at any time (e.g. by sending an e-mail to info@ybandtherapy.com) without incurring any costs apart from any cost incurred for sending us your revocation of permission. Furthermore, every e-mail we send to you as part of direct marketing will include an opt-out link.

 4.14           Your data will also be used for advertising purposes (e.g. via our newsletter) if you have granted us your consent. You may revoke such consent at any time with future effect.

 

5.                USE OF CRASHLYTICS

 
We use Crashlytics to gather information regarding any system problems with the app and for continuously improving the app. For further information on how Crashlytics processes data, please visit https://try.crashlytics.com/terms/privacy-policy.pdf.