APP PRIVACY POLICY
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.
KEY DEFINITIONS
Patient Users: refers to the main user and beneficiary of the App and Community Platform who is able to log data into the
App in order to log their health.
Caregiver Users: refers to those who care for the Patient Users at their home or normal residence and who have the ability and permission to upload data into the App on behalf of the Patient Users to assist the Patient Users with using the App.
Healthcare Users: refers to the professional healthcare teams at hospitals or GP’s who are able to access the Patient Users’ data for those patients who they are taking care of.
You/Your (you/your): refers jointly to Patient Users, Caregiver Users and Healthcare Users as the context applies.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Chris Curtis Consultant Limited, a company registered in England and Wales with company number 10283539 whose registered address 50 Alderley Avenue, Blackpool, Lancashire, United Kingdom, FY4 1SP, together in partnership with head licensee, The Swallows Head & Neck Cancer Support Group, a charity registered in England and Wales with charity number 1149794, whose registered address is 68-70 Waterloo Road, South Shore, Blackpool, Lancashire, FY4 1AB, license you to use:
The HNC App, a mobile application software utilised as a triage function enabling Patient Users (or Caregiver Users on behalf of Patient Users) to log their general health information and have the information accessed by Healthcare Users within the subject of head and neck cancer, with additional use of the data supplied with the software, with access to a third-party Community Platform (defined below) (together, the “App”) and any updates or supplements to it. The App also provides access to a third-party Community Platform (defined below).
The related online documentation. (Documentation). as permitted in these terms.
The App also providers Patient Users with access to a Community Platform (Community Platform) which you can connect to via the App and the content provided to you through it is governed separately by the following terms and conditions and privacy policy of the third party owner of the Community Platform:
Terms and Conditions
Privacy Policy
These terms and conditions do not licence the Healthcare User’s access to the data for its assigned individual Patient Users and such licence shall be separately entered into between us and the Healthcare User so that the Healthcare User can access a separate dashboard outside of the App.
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IMPORTANT NOTICES FOR PATIENT USERS AND CAREGIVER USERS
We are not a health care provider and the App, Community Platform and Documentation and the content contained within them are not a replacement for specialist advice from your doctor. The content on the App, Community Platform and Documentation is not medical advice.
We provide technical support only so in the case of any medical queries, you should refer to your GP or hospital for medical assistance.
You should not rely upon any information or recommendations contained within the App, Community Platform or Documentation and you must always obtain medical advice from your GP or hospital before taking, or not taking, any step-in reliance of information or recommendations obtained from either the App, Community Platform or Documentation. You are responsible for your actions and decisions. We are not responsible for or liable for any actions or decisions which you take having read information on the App, Community Platform or Documentation or anywhere else.
We make reasonable efforts to update the information provided by the App, Community Platform and Documentation, however, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date or as to the advantages or fitness of any purpose of any content, material, information, or recommendation given in the App, Community Platform or Documentation.
Any health information and links to third party content or websites are provided purely for your convenience and must not be relied upon as medical advice.
It is important that you use the App, Community Platform and Documentation in consultation with your GP or hospital and not in any way as a replacement or substitution for qualified medical advice.
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided at https://theswallows.org.uk/privacy-policy/ and it is important that you read that information.
APPLE APP STORE AND ANDROID GOOGLE PLAY’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Apple App Store’s and Android Google Play’s rules and policies and in the event of any conflict between Apple’s and Android’s rules and policies or our rules and policies, the most stringent will apply where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This App requires any mobile or tablet device with a minimum of 1GB of memory and either an Apple or Android operating system.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the App or have any problems using them, please look at our support resources on our websitehttps://theswallows.org.uk .
If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer team [email protected] or call them on 01253 428 940.
If we have to contact you, we will do so by email, using the contact details you have provided to us.
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HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
download or stream a copy of the App onto a recommended 1 device for best functionality (although there is no limit on number of devices that the App can be downloaded on to) and view, use and display the App (with access to the Community Platform) on such devices for your personal purposes only (noting that the Healthcare Users will use a separate dashboard under a separate licence agreement for professional purposes for viewing the Patient Users’ data).
in addition, Patient Users may share their health content within the App to Caregiver Users (to allow Caregiver Users to input data on behalf of Patient Users) and to Healthcare Users (who cannot input data but only review the data in relation to Patient Users in accordance with a separate licence agreement between us and each Healthcare User) in accordance with our Privacy Policy.
use any Documentation to support your permitted use of the App.
make a reasonable backup of any data and content which you upload onto the App; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App. A person above the age of 13 may use the App only with parental or carer guidance.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving the Patient Users personally the right to use the App and access to the Community Platform as set out above. Whilst the Patient Users may have sharing rights with both their Caregiver Users and Healthcare Users as set out above, all users may not otherwise transfer the App and access to the Community Platform to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or following any audits which raise any compliance matters.
We will give you at least 14 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes, you may not be permitted to continue to use the App. Alternatively, where possible, you may be able to continue using the App on the existing terms but without the benefit of additional functionality.
UPDATE TO THE APP
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App or access the Community Platform.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first installed it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device. We recommend checking with your IT department if relevant.
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WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or access to the Community Platform may contain links to other independent websites which are not provided by us. Such independent sites (including the Community Platform) are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
except in the course of permitted sharing as set out above, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for operational security or the purpose of backing-up of your own data and inputs uploaded on to the app;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and access the Community Platform on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any access to the Community Platform.
ACCEPTABLE USE RESTRICTIONS
You must:
not use the App or any Community Platform access in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Community Platform, or any operating system.
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Community Platform, including by the submission of any data or information by you (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Community Platform;
not use the App or any Community Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Community Platform or our systems or attempt to decipher any transmissions to or from the servers running any Community Platform.
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In relation to the submission of any data or information by you on to the App or Community Platform (including, but not limited to, your journal notes and emotional responses, your general notes and other information related to your health), you agree:
that it is in your own interests and in the interests of the Patient User, to ensure that all submissions of data or information are accurate and complete;
to grant us a royalty-free, non-exclusive, indefinite licence to use the submitted data or information in any way for the purposes of research, analysis, reporting or further knowledge and studies (subject to appropriate anonymisation in accordance with our Privacy Policy); and
that you have the necessary consents and permissions to grant the above licence of use to us.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Documentation and the Community Platform throughout the world belong to us (or our licensors) and the rights in the App and the Community Platform are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation, or the Community Platform other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us in relation to the App but excluding the Community Platform which is governed by the third-party owner’s terms and conditions set out above in this document. If we fail to comply with the terms of this document, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use predominantly for the Patient Users’ benefit. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Community Platform. The App and the Community Platform are provided for general information and health journal purposes only. They do not offer medical advice on which you should rely. You must obtain professional or specialist medical advice before taking, or refraining from, any step on the basis of information obtained from the App or the Community Platform. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App meet your requirements.
We are not responsible for events outside our control. If our support for the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
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ADDITIONAL TERMS FOR COMMUNITY PLATFORM
The App also providers Patient Users with access to a Community Platform (Community Platform) which you can connect to via the App and the content provided to you through it is governed separately by the following terms and conditions and privacy policy of the third-party owner of the Community Platform:
https://www.sixcircles.co.uk/terms-and-conditions/ | https://www.sixcircles.co.uk/privacy-policy/
In addition to the general terms within this document and the terms referred to in the above links, the Community Platform will require you to ensure that your content upload onto it via the App or otherwise cannot be: illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You also agree that your content will not consist of any political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” and will not contain any software viruses.
You must not mislead us (or anyone else) as to the origin of your content nor use a false e-mail address or impersonate any person (or entity).
We reserve the right to remove or edit such content.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
You must stop all activities authorised by these terms, including your use of the App and any Community Platform.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Community Platform.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
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WHICH LAWS APPLY TO THIS CONTRACT AND WHERE LEGAL PROCEEDINGS MAY BE BROUGHT
These terms are governed by English law and the parties can bring legal proceedings in respect of the products in the English courts. If you live in Scotland the parties can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland the parties can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.