Legal

Effective date: May 25, 2018

Medical Insights AG (“us”, “we”, or “our”) operates the www.insights.md website, including sub-domains, and the Medical INSIGHTS mobile applications, including “INSIGHTS Orthopedics”, “INSIGHTS Cranio-Maxillofacial”, “INSIGHTS Spine”, “INSIGHTS Veterinary”, “INSIGHTS Dental” a.o. (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.  In case you should not agree to any part of this Privacy Policy, you must stop using the Service. Any processing of your personal data is based on your consent to this Privacy Policy and the applicable laws and regulations.

1.     Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself.

Learning Record

The Learning Record is a central place for the individual User to view and manage his Usage Data from learning activities with the Service, like article readings, video views, or event participations.

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

2.     Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Address, ZIP/Postal code, City, Country
  • Professional title
  • Scientific and academic interests
  • Cookies and Usage Data

We may also collect personal data from you when you provide, post or upload it to our Service, such as when you fill out a form, respond to a survey, or submit a comment.

Usage Data / Learning Record

We may also collect information that your browser or device sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).

In particular, we may collect and store information from your learning activities with the Service (like article readings and shares, video views, or event participations) in your personal Learning Record in your Account. You are in full control of what is saved there, and you can delete past activity from your account. You can also grant permissions to other Users and third parties to access all or parts of your Learning Record, and you can download your Learning Record in a structured, commonly used and machine-readable format.

The collected Usage Data may also include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may also include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies (opt out) or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Unless you opt-out, we use cookies for the following purposes:

Authentication and Security:
Cookies help us verify your account and device and determine when you are logged in, so we can make it easier for you to access our Service and provide the appropriate experiences and features. We also use cookies to help prevent fraudulent use of login credentials.

Performance and Analytics:
Cookies help us analyze how our App is being accessed and used, and enable us to track performance of our services. For example, we use cookies to determine if you viewed a page or opened an email. This helps us provide you with information that you find interesting. We also use cookies to gather insights regarding our App’s performance, such as page views, conversion rates, device information, visitor IP addresses and referral sites.

A pixel tag, or pixel, is a small piece of code that can be embedded on websites and emails. We use pixels to learn how you interact with our App, and this information helps us to provide you with a more tailored experience.

We use device identifiers to measure and improve the use and performance of our Service.

Third-Party Content and Services

The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site, platform, tool, application or other service, and accessing or display of third-party content via the Service. The use of third-party services may involve the third-party operator thereof providing certain information, including Personal Data, to us. For example, when you register with the Service, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. In addition, you may be able to access our Service, your Account and/or Service content via a third party platform, site, app or other service, (e.g., the Android and Apple app stores) and those third-party operators may collect Personal Data and other information about you in connection therewith, and may provide some or all of it to us.

If we offer and you choose to use third-party services to access or use our Service, the third-party services may send personal information about you to us. To the extent we combine such third-party sourced information with Personal Data we collect directly from you on the Service, we will treat the combined information as Personal Data under this Privacy Policy. If we discontinue use of any third-party service (e.g., your Facebook or any other account as an access mechanism for the Service), you consent that we may nevertheless retain any Personal Data, and other information and data, we may have already received in connection therewith in accordance with this Privacy Policy.

In addition, we may provide third-party services’ interfaces or links on the Service to facilitate your sending a communication from the Service. For example, we may use third parties to facilitate emails, tweets, “likes,” content submissions or postings of comments on Facebook or other social media platforms. We may also enable access to or display of third party content via the Service, that is actually being served or published by the third party, and such third party may be collecting data from you in connection with that content. These third parties may collect and retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy.

When you use third-party services, you are using their services and not our Service and they, not we, are responsible for their practices. You should review the applicable third party privacy policies before using such third-party services in connection with our Service.

3.     Use of Data

Medical Insights AG uses the collected data for various purposes:

  • To provide, maintain, support, personalize and develop our Service
  • In particular, to provide you with your personal dynamic Learning Record, of which you are in full control, and continuous guidance on your individual learning pathway
  • To provide you with personalized knowledge, news, special offers and general information about services, goods and events
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To notify you about changes to our Service
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service, and to produce and share aggregated insights that do not identify you.
  • To detect, prevent and address technical issues, and to provide customer support

Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we use your data, we will notify you and may also modify this Privacy Policy.

4.     Retention of Data

Medical Insights AG will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Medical Insights AG will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

5.     Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Switzerland and choose to provide information to us, please note that we may transfer the data, including Personal Data, to Switzerland and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Medical Insights AG will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

6.     Disclosure Of Data

Except as set forth in this Privacy Policy or as specifically authorized by you, we will not disclose any information we gather from you to third parties without your consent.

Disclosure for Law Enforcement

Under certain circumstances, Medical Insights AG may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Medical Insights AG may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Medical Insights AG
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Business Transaction

If Medical Insights AG is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Aggregate Information.

We may share aggregated information that does not include personally identifiable information and we may otherwise disclose aggregated application usage information with third parties (including partners, advertisers, research companies and other organizations) for industry analysis, demographic profiling and other purposes. Any information shared in these contexts will not contain your Personal Data.

7.     Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

8.     Your Rights

Medical Insights AG aims to take all reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

You can update your Personal Data directly within your account, including your Learning Record, settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you, including regarding your learning activities, please refer to the Learning Record in your account. In certain circumstances, you have the right:

  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To perform or request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to Medical Insights AG. You can at any time download a copy of your Personal Data from your Learning Record in your account in a commonly used electronic format so that you can manage and move it.Please note that we may ask you to verify your identity before responding to such requests.

9.     Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Facebook Analytics

We use Facebook Analytics to analyze the use of our Service. Facebook Analytics gathers information about website and app use by means of the Facebook pixel and the Facebook SDK. The information gathered relating to our Service is used to create reports about the use of our Service. Facebook’s privacy policy is available at: https://www.facebook.com/privacy/explanation.

Information collected by Facebook Analytics is not personally identifiable.

 

Google Analytics

We use Google Analytics to analyze the use of our Service. Google Analytics gathers information about website and app use by means of cookies. The information gathered relating to our Service is used to create reports about the use of our Service. Google’s privacy policy is available at: http://www.google.com/intl/en/policies/privacy/.

Information collected by Google Analytics is not personally identifiable.

Behavioral Remarketing

Medical Insights AG may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

 

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

 

10. Social media followers

Interaction on social media

If you follow one of our social media accounts, we receive basic personal data about you according to your profile: your account name, gender, general interests, location, age. You may also communicate with us directly and provide content in this way. Our legal basis for processing this data is our legitimate interest in providing social media and marketing content that is of interest to our followers on social media.

Data Uses

This personal data will be used within the terms and functionality of the social media sites.

Data Sharing

We are not responsible for the user terms or activities of third party sites. However, Medical Insights AG will not sell your information nor permit others to do so. We will not share your information with any third party except as stated in this Privacy Policy or as required to operate our social media sites, provide our services and/or products to you and/or administer your account.

11.Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

12.Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: dataprotection@insights.md

By visiting this page on our website: https://www.insights.md/contact-us/

Effective May 25, 2018

The Terms of Use (as amended from time to time, the “Terms”) together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to and use of the Medical Insights application (the “Application”), any information or content that is made available through the Application (“Content”), and the services provided through your use of the Application (the “Service”). Medical Insights AG, with registered office in Basel BS, Switzerland (Commercial registry number CHE-338.031.677), is willing to license the Application to you only upon the condition that you abide by these terms. By accessing and/or using the Application and Service you are indicating that you agree to abide by these Terms. In case you do not agree to any part of the current version of these Terms, you are not authorized to continue using the Application and Service.

License to Service

Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable license to download and install one (1) copy of the Application to your mobile device, and to access and use the Service, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Service; (iv) make the functionality of the Application or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Service. By using the Application to find material on the Internet, you instruct Medical Insights to present portions of the selected data sources. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and Medical Insights Inc. disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or user content via the Application. You acknowledge and agree that Medical Insights Inc.: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Medical Insights Inc. of Third Party Materials or any such third party services. These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials except as expressly permitted by the Application as authorized by Medical Insights Inc., and the owners of such Third Party Materials may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Ownership

The Application and the Service is protected by copyright, trademark, and other laws of Switzerland and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Application and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application and the Service or in any Third Party Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Application or the Service (“Feedback”) will be the sole and exclusive property of Medical Insights Inc. and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Termination

If you breach any of the terms of these Terms of Use, we have the right to suspend or disable your access to or use of the Application and/or Service.

Use of the Service at Your Own Risk

Your access to and use of the Service is at your own risk. By using the Service, you may be exposed to Content that might be inaccurate, incomplete, delayed, unreliable, offensive, harmful or otherwise inappropriate material. Under no circumstances will we be liable in any way for any 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 transmitted or otherwise made available via the Service. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.

Disclaimers

You understand and agree that the Application and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Application or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any products, services or Content provided through the Service or the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Service.

Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICATION. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND/OR SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT AHA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General

These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. Any modification to these Terms by you must be in a writing signed by us. These Terms will be governed by and construed in accordance with the laws of Switzerland, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Contacting Us

If you have any questions about this Terms of Use, please contact us at legal@insights.md