TERMS OF USE mySinusitisCoach APP

The “mySinusitisCoach App by EUFOREA” (hereafter the “App”) was developed using funding from EUFOREA (The European Forum for Research and Education in Allergy and Airway Diseases). The Board of Directors of EUFOREA holds the editorial control of the mySinusitisCoach App.

This “mySinusitisCoach App by EUFOREA” is based on previous recommendations and the EPOS (European Position Paper on Rhinosinusitis and Nasal Polyps) guidelines (2012) with permission of EPOS. Its advisory uses should be carried out in conjunction with patients’ physicians. The EPOS guidelines have been published in the peer-reviewed medical literature and have been reviewed and approved by medical experts worldwide.

By using this App you agree to the applicability of these Terms of Use and to our Privacy Policy. If you do not agree to these Terms of Use, you may not download or use this App.

Intended use of the App

This App provides a digital way for you to keep a diary with respect to the symptoms of chronic sinusitis. The diary gives you insight into your sinusitis disease by enabling you to 'score' your sinusitis-related symptoms. The App also generates a graph based on the encoded information. An advice text is shown together with the results by which you may be advised to consult a healthcare provider. In addition it provides you with reliable educational material on different aspects of sinusitis including the disease itself, diagnosis and treatment.

This app is intended for general information purposes and must not be used as a substitute for any kind of professional and/or medical advice.

You may not provide access to or use the App or its contents for the benefit of a third party or make commercial use of the App or its contents. This App is intended for personal use only.

By accessing the App, you represent and warrant that:

You may not use this App for the benefit of child.

Disclaimers

All content is provided for informational and/or educational purposes only. No content is or should be considered, or used as a substitute for medical advice, care, diagnosis or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your sinusitis related symptoms.

Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of or on the basis of any information you received or obtained through the use of the App.

This App, and the information contained in it, is provided to you "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability and fitness for a particular purpose.

You recognize that the App’s functionality may be affected by changes in the operating system of your device, and the information you input into the App. It is your responsibility to check for updates in order to determine if you have the most current version of the app, to ensure that it is working properly. Neither Peercode or EUFOREA, nor its subsidiaries, affiliates and/or respective employees or management, are liable for any damages, including, and without limitation, direct, indirect, consequential or incidental damages resulting from or in connection with any information, materials, qualifications or recommendations related to this app. Peercode/EUFOREA are not liable for any damages resulting from the use of (or inability to use) this app, including damages caused by viruses or any incorrectness or incompleteness of the Information. Peercode/EUFOREA are also not liable for damages resulting from the use of electronic devices for communication with this app, including - but not limited to - damages resulting from failure or delay in delivery of electronic messages, interception or manipulation of electronic messages by third parties or by software / hardware used for electronic communications and transmission of viruses. If this app directly or indirectly provides links to other information, such as information on websites maintained by third parties over whom Peercode/EUFOREA have no control, Peercode/EUFOREA are not liable for the use or content of this information.

Modifications of the Terms of Use

Peercode/EUFOREA reserves the right to change the mySinusitisCoach App Terms of Use at any time and without notice. By continuing the use of the App after any such changes, you unconditionally agree to follow and be bound by the Terms of Use. For these reasons, we encourage you to periodically review the Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands. The competent court in Amsterdam shall settle all disputes arising in connection with these terms.

Contact information

EUFOREA may be contacted via::
Adress: Bld Brand Whithlock 132, 1200 Sint-Lambrechts-Woluwe
Country: Belgium

Peercode may be contacted via:
Address: Oudenhof 4, 4191 NW Geldermalsen,
Country: the Netherlands
Phone: +31 (0)88 0084100

PRIVACY POLICY EUFOREA (VERSION 1, 17/07/2017)

EUFOREA takes your privacy very seriously. That is why we have this Privacy Policy, which discloses the information gathering and dissemination practices through the EUFOREA software applications such as EUFOREA Sinusitis apps. By using the EUFOREA software and accepting the Terms of Use you also agree to this Privacy Policy. This Privacy Policy explains why we collect certain personal information and how we protect your personal information that you provide to us. We also inform you about your rights and the conditions under which we provide information to you and to others. By using this app, you consent to the placing of temporary cookies. Peercode (a Dutch private company specialized in health application development) is responsible for the processing of your personal data.

If you have any questions regarding this Privacy Policy, please send an email to our Customer Service team on contact@peercode.nl. Please state the word 'Privacy' in the header.

The present Privacy Policy complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection for natural persons with regard to the processing of personal data and on the free movement of such data (hereafter “the Regulation”).

What is "personal information"?

"Personal information" means information that identifies you or could reasonably be used to identify you or another person and which is submitted to and/or collected by the app and maintained by Peercode in an accessible form. Examples of personal information include your name and your e-mail address.

What information do we collect and how is the information used?

While using the App you may be asked to provide certain details. You are never obliged to enter your contact details. However, to make use of some of our services and products, it is necessary to provide a limited amount of personal information. The personal information that you provide to us by using the App is used by us to send you information upon request, the execution of the agreement(s) with you, maintaining contacts with you, conduct market research, creation of- and automatic statistical analysis of profiles of our customers and to inform you about new developments within our company and our (new) products and services that fall within your area of interest. The information we collect about you may include information relating to your health. Health related information that may be designated as "sensitive" under data privacy laws in some jurisdictions, may only be collected where you explicitly consent to this. Peercode shall adopt additional measures as required by the Regulation for the processing of such information. In addition, individual EUFOREA, Peercode and Kyomed subsidiaries or affiliates may adopt measures to address local custom about such information. The collected data will be stored for up to 15 years from the initial date of collection.

The Apps from EUFOREA can also determine, upon your consent, your current location information (so-called Geolocation). This is necessary so that you can use location-based services with the App. In this context, location information may be collected if necessary at EUFOREA.

Combination of personal information

Peercode may combine the personal information that you provide through the App with personal information provided by you through other media such as when you contact us by telephone.

Peercode may combine personal information that you provide to us online with our offline records.

Peercode may combine personal information that you have provided to us directly with records provided by third parties.

We use this consolidated information to help us improve the design of this App and other products, to communicate information with you, to enhance our marketing and research activities and to facilitate other business functions.

Transfer of personal information to different jurisdictions

Peercode stores data on secured servers in several countries around the European Economic Area or other countries which have been deemed to provide adequate protection of your personal information.

EUFOREA requires all entities outside the European Economic Area to which it transfers personal information to protect it in accordance with EU data protection standards.

Your rights

In accordance with the Regulation, you may at any time withdraw consent to the present Privacy Policy. You may otherwise also request access to the information we collect about you, and/or request that we amend, correct or delete your personal information. If technically possible, you may ask for your data to be transmitted to another controller. To do this please contact us (Peercode) using the contact details below. If you withdraw your consent or if you request us to delete your personal information, the result may be that we can no longer provide our services to you.

In accordance with the Regulation, you may also lodge a complaint with a supervisory authority.

Privacy of children

Peercode does not knowingly collect or use any personal information from children (being minors younger than 18). We do not knowingly allow children to communicate with us or use any of our services.

If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

Property rights

Unless otherwise stated, all rights, including copyrights and other intellectual property rights in the App, the underlying databases and the information you provide to us, rest with EUFOREA.

EUFOREA authorizes you to consult the App and the information contained therein and make copies of such data for your personal use, for example by printing (print screen) or storing such information. Any other use of the App or the information, for example the storage or reproduction of (a part of) the App in any external website or the creation of links, hyperlinks or deeplinks between the app and any other website, is prohibited without the explicit written permission of EUFOREA.

Unsolicited ideas

If you send unsolicited ideas and / or materials, including but not limited to, text, images, sounds, software or information (the "Materials") to EUFOREA via e-mail or otherwise, EUFOREA is entitled to use, copy and / or commercially exploit such materials to the fullest extent without having to pay. EUFOREA will not be bound to secrecy regarding these Materials.

You hereby indemnify EUFOREA against all damages and costs that EUFOREA incurs with respect to any claims made by third parties regarding the use and / or exploitation of the Materials that infringes (intellectual) property rights of third parties or is otherwise unlawful towards a third party.

Business continuity

You agree that database rights subsisting in the personal information collected from you by Peercode is the property of EUFOREA and the database is currently under the responsibility of Peercode.

In the event that EUFOREA becomes the object of an acquisition, merger, sale or other transaction and the database, or the company that owns the database, is acquired by a third party, you agree in advance with the disclosure of your personal information to its advisers and the acquiring third party, both during and after the transaction, with a view to facilitating and closing of the transaction. When the transaction is closed, you will be informed about the transaction and the ownership and control over the database and your personal information that you provided to EUFOREA. The personal information will be transferred to the third party, in accordance with the provisions and limitations of this privacy policy. If the transaction is not closed, EUFOREA will have the third party to agree that it ceases using your personal information.

Cookies

This App does not use cookies to obtain information about your use of the App. Only a temporary cookie or so-called 'session' cookie will be placed for connectivity. When you installed the App you gave your consent for the placing of these temporary cookies.

Session cookies are temporary bits of information that are erased once you turn your device off.

The use of cookies is safe. Personal information such as a phone number or an email address, cannot be traced by placing session cookies. As a result, cookies cannot be used for e-mail and telemarketing purposes. You can find more information about cookies at www.allaboutcookies.org.

Links in the app

This App may directly or indirectly provide links to other information, such as information on websites maintained by third parties over whom EUFOREA has no control. EUFOREA is not liable for the use or content of this information.

Updates

EUFOREA reserves the right to make changes and/or updates with respect to the information, products and services referred to in this app at any time without notice.

Security

Protecting your privacy is important to you and to us. That is why our systems and programs are adequately protected. We use management procedures to keep the information accurate, up-to-date and complete and to prevent access to your personal information by unauthorized persons from inside and outside our organization. This includes also - but is not limited to - encryption of connections and content.

Although Peercode secures all personal information, we urge you to exercise caution when transmitting personal information over the Internet, especially personal information related to your health.

In addition, the App(s) covered by this Privacy Policy may contain links to websites that are not controlled by EUFOREA or subject to EUFOREA's Privacy policy; you should check the policies of such third-party websites before submitting personal data.

Service updates and other information

If you are a EUFOREA customer, we may send you information - or contact you otherwise - regarding new services, features and other announcements, in the form of a newsletter or otherwise. It is possible to unsubscribe from these communications. However, in that case you may not be aware of important information about EUFOREA software and the services you use.

Nullification of terms

In the event that the terms of this Privacy Policy are declared partially invalid, parties remain bound to the remaining part. The parties shall replace the invalid parts by provisions that, given the content and purpose of these terms, are valid and have a legal effect similar or as close as possible to that of the invalid part.

Governing law and competent court

Subject to applicable local law, these terms are exclusively subject to the current Dutch law. A competent court in Amsterdam shall settle all disputes arising in connection with these terms.

Changes to Privacy Policy

EUFOREA reserves the right to make changes and / or updates to this Privacy Policy to reflect technological advancements, legal and regulatory changes and good business practices.

If EUFOREA changes its privacy and Peercode changes its technical practices (such as cookie practices), an updated version will reflect those changes and we will notify you of such changes by updating the effective date at the top of this Privacy Policy. We encourage you to save and consult this webpage (www.my-sinusitis-coach.com/privacypolicy) for the latest version of this Privacy Policy, which can be identified by the date on the document.

How can I contact Peercode?

If you have questions about the use, amendment, access to or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from Peercode, please contact us by e-mailing us at (contact@peercode.nl). Alternatively, you may send a letter to the following address:

(Peercode, Oudenhof 4, 4191 NW Geldermalsen, Netherlands)

In all communications to Peercode please include your e-mail address and a detailed explanation of your request. If you would like to delete, amend or correct your personal information and are contacting us by e-mail, please put "Deletion Request" or "Amendment/Correction Request", as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.

This contact information is not intended for the reporting of adverse events with products from EUFOREA.

Consent to the collection, processing and use of personal data

I agree that the above data, including sensitive data, as well as data generated in the use of these data can be processed and used to the extent described above, can be sold - once anonymized - to pharmaceutical companies for commercial purposes, can be sold to academic institutions for the purpose of research. Furthermore I agree to the transfer of the data to different jurisdictions.