Terms of use

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USER CONDITIONS FOR TRIABETES AND TRIABETES+

1 INTRODUCTION

These general conditions are available on the websites www.triabetes.com and the Triabetes’ product site, below the ”Websites”. The conditions were last updated on 2014-02-12.

2 APPLICABILITY OF THESE CONDITIONS

These User Conditions are applicable on contents as well as the use of the service which is offered on the Websites as well as through the application for mobile phones  “TRIABETES™” and which is provided by Diabetes Tools Sweden AB, corporate identity no. 556682-6813, below ”DTS™”.

3 DEFINITIONS

The below definitions in bold shall have the following meaning in these User Conditions.

  • User Conditions” refers to these user conditions.
  • The Service” refers to both the standard service “TRIABETES™” and the plus service “TRIABETES+™”provided by DTS™ on the Websites as well as through the application TRIABETES™.
  • TRIABETES CLINIC™” refers to a service which in accordance with the conditions below, gives a healthcare provider access to the User’s data in the database for the plus service “TRIABETES+™”.
  • User” means the users of the Service who have approved these User Conditions.
  • Personal Data” refers to personal data in the meaning of the Personal data Act (1998:204), (Sw. Personuppgiftslagen) i.e. all kind of information which directly or indirectly can be referred to a living physical person.
  • Sensitive Personal Data” refers to sensitive personal data in the meaning of Personal data Act (1998:204), (Sw. Personuppgiftslagen) i.e. information of more sensitive character than usual personal data, such as for example information on an individual person’s health.

 

4 USE OF THE SERVICE

4.1 Regarding the Service

DTS™ provides the Service, which is a tool for people with any type of diabetes. Following registration, a User is able to use the Service by personally entering information about themselves in a database. The Service is thereafter able to present a compilation of the information provided by the User, which can be used as the basis for analysis by the User and/or by their healthcare provider. The Service can also provide different reminders and alarms for the User if they so wish. The User can see all data which has been entered into the database for the Service during the last fourteen (14) days in the standard service and unlimited time in the Plus Service. DTS™ reserves the right to make amendments to the Service.

4.2 Registration and consent

In order to receive access to the Service, registration is required, which is carried out by the user approving these User Conditions and DTS™’s policy for processing of Personal Data (clear from item 8 below) as well as by providing the mandatory information demanded at registration. By approving these conditions, the User gives their explicit consent to DTS™ to process the User’s Personal Data, which includes Sensitive Personal Data, in accordance with and for the purpose stated in these conditions.

If the User has been granted access to the Service by their healthcare provider, the User gives an explicit consent to the healthcare provider receiving access to all data available in the Service, including Personal Data and Sensitive Personal Data.

4.3 Specifically regarding the plus service ”TRIABETES+™”

In addition to what is mentioned above under item 4.1-4.2 regarding the Service the following applies to TRIABETES+™ (“the Plus Service”).

4.3.1 Additional functions

The User is able to enter information in the database for the Plus Service, such as information regarding which medicines the User is taking and in which doses it is taken. Such information is thereafter included in the compilation provided by the Plus Service, which can be used as a basis for analysis. Unlike when using the standard service, the User of the Plus Service is able to see all data entered into the database for the Plus Service without any limitation in time. The Plus Service also enables the User to export data to a PDF file, making it possible for the User to store the information in a manner of their choice.

If the User’s healthcare provider has installed TRIABETES CLINIC™ and has been granted access as described in 4.2, the healthcare provider is able to read the User’s data, as well as enter information regarding medication, goals etc. for the User, directly into the system. The User’s healthcare provider can also control what the User can change regarding medicines, goals etc.

4.3.2 Confirmation upon subscription

Upon subscription for the Plus Service an acknowledgement messages, containing confirmation of the ordered subscription, information regarding the Plus Service as well as the price for the Plus Service, the method of payment, information about the right of withdrawal (Sw. “ångerrätt”), terms for termination and contact information for DTS™, will be sent to the email address specified in connection to the registration.

4.3.3 Prices and terms of payment for the Plus Service

A subscription for the Plus Service can be subscribed for either 1, 3, 6 or 12 months. If a User does not renew their subscription, the service reverts to a basic service when the subscription expires.

The fee for the Plus Service is presented in a separate price list, see www.triabetes.com. DTS reserves the right at any time to change the price list.

Payment for the Plus Service is in advance via the Apple iTunes or Google Play online app-stores or through a PayPal account via www.triabetes.com. If a User has a voucher or gift certificate, they can be used for payment via PayPal. It is also possible to use a discount code when paying for the Plus Service.

4.3.4 Access

The Plus Service is available via the Websites and the application TRIABETES™.

4.4 Limitation of liability

The so called analyses, recommendations, reminders or alarms provided by the Service are based on the information entered into the database for the Service as well as, where appropriate, generally established limit values. The User is solely responsible for the information they enter into the database and which thereafter forms the basis for the Service. The Service is only a means of assistance and shall not be considered a nursing tool or something which a User shall rely upon when managing their diabetes or in any other situation. The User is referred to its healthcare provider for diagnosis and treatment. DTS™ is not responsible for the contents or the effect of any analyses data, reminders, alarms or the equivalent provided by the Service, nor the lack of such. It is DTS™’ aspiration that the Service shall be available at all time, however DTS™ is not responsible for potential interruptions in the Service.

5 TERMS FOR REGISTRATION AND ACCESS TO THE SERVICE

Only people above the age of eighteen (18) may register as Users of the Service. People below the age of eighteen (18) may only register with the consent of their legal guardian as well as, where appropriate, with the consent of the treating healthcare provider.

A User is solely responsible for all equipment required in order to use the Service, for example computer, measuring apparatus such as measurer of blood sugar, blood-pressure gauge, scale or similar as well as for software and telecommunication systems and for the communication costs arising out of the usage of the Service.

6 THE USER’S OBLIGATIONS

The User is solely responsible for ensuring that all the information which they enter into the database, and which forms the basis for the Service, is accurate.

The User is responsible for reassuring that any passwords to the Service are handled in a manner which ensures that unauthorised individuals will not receive access to their user account.

The User may not, by hacking or in any other way, seek unauthorised access to any part of the Service, the Websites or the application TRIABETES™ or the systems or networks in connection thereto.

The User may not upload data or material in any form which may lead to deterioration of the Websites, the application TRIABETES™ or the functionality of the Service.

7 TERMINATION

The User can at any time choose to cancel their account. The User must be aware that uninstalling the mobile application or closing their account will not automatically stop their subscription — this must actively cancelled by completing DTS’s support email form using the “Cancel my account” option and mentioning their username. All data will then be removed, except contact information. This form is here: http://triabetes.com/en/need-some-help/.

Special terms and conditions apply to Triabetes+.

7.1 Triabetes+

This section only applies when a User purchases and/or subscribes to Triabetes+ or other paid products. By paying the subscription fee the User gets access to Triabetes+ during the time the subscription is valid, subject to these Terms of Use. All subscriptions with Triabetes+ are paid in advance.

The User may at any time terminate their subscription, in which case the subscription will still be valid for the subscription time already paid for. If the User has subscribed to Triabetes+ through the use of Apple iTunes, Google Play or any other such service provider, they can only cancel their subscription through the respective cancellation procedures on these online services. Subscription fees can be found on Triabetes website (www.triabetes.com) and in the mobile application. DTS accepts a variety of different methods of payment, such as Apple iTunes, Google Play and PayPal. Special terms and conditions may apply.

7.2 Right of withdrawal (Sw. “Ångerrätt”)

The User hereby consents to start using the Service immediately upon subscribing to Triabetes+ or other paid products. This means that the User will only have 14 days to withdraw from the subscription of Triabetes+ from the date the User receive confirmation of their subscription via email if they do not start using the Service during that period. If the User has subscribed to Triabetes+ in Apple iTunes or Google Play they must first contact these app-stores to claim their right to withdraw and receive a refund. The User shall then send an email to DTS using the form http://triabetes.com/en/need-some-help/

All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. If the User would like to contact Apple, please go to http://www.apple.com/support/

All payments handled by Google, such as in-app purchases, can only be refunded by Google and with Google’s consent. If the User would like to contact Google, please go to https://support.google.com

If the User have purchased the subscription at www.triabetes.com using PayPal, it is sufficient to send a request-to-cancel email using the form above. Default in payment shall not be deemed as a termination of a Triabetes+ subscription.

8 DTS™’S POLICY FOR PROCESSING OF PERSONAL DATA

DTS™ is the controller of Personal Data and for all processing of Personal Data within the scope of providing the Service. DTS™ aims at maintaining the highest possible standard for the protection of Personal Data and personal integrity. DTS™ follows the regulations applicable according to the Personal data Act (1998:204), (Sw. Personuppgiftslagen), regarding processing of Personal Data and Sensitive Personal Data. Items 8.1-8.4 below contain further information on how DTS™ processes the User’s Personal Data and Sensitive Personal Data when providing the Service.

8.1 The type of information which is gathered by DTS™

DTS™ gathers Personal Data and Sensitive Personal Data which the User enters on the Websites when using the Service. For example the User can, upon registration, provide information regarding name, contact information, height, weight, sex and age as well as upon using the Service provide information regarding their health such as level of blood sugar, blood pressure, weight, training/exercise, intake of medicine, food intake and similar. DTS™ recommends that the User, for the purpose of protecting their integrity, does not provide any personal information which is not specifically requested.

8.2 Why the information is gathered and what it is used for

DTS™ gathers information from the User of the Service in order to be able to offer them a personally adapted service. A User of the Service is asked to provide information regarding themselves when registering. Some information is mandatory in order for the User to gain access to the Service, while other information is optional. A User is also asked to provide some contact information, which is used by DTS™ to communicate with the User, in order to provide service and support as well as to inform the User regarding updates of the Service. Some parts of the Service also require that contact information is provided.

DTS™ gathers and processes Personal Data and Sensitive Personal Data for the following purposes: a) providing of the Service on the Websites, b) fulfillment of contractual undertakings in relation to the User of the Service as well as undertaking of measures consistent with the User Conditions, c) providing of marketing from DTS™ and its cooperation partners for the time period during which someone is registered as User of the Service d) operation and maintenance of the systems used in order to provide the Service, e) marketing the Service externally, e.g. through publishing on Websites and other media, of de-identified (anonymous) health data from the Users as a group, showing changes of trends in various measurements by the use of the Service such as changes of blood pressure, blood sugar and weight, f) contact the User during the agreement period as well as a year from the termination of the contractual relationship, for the purpose of product development, regarding the inquiry of marketing of DTS™, its products or services, or for the evaluation of the Service.

8.3 Protection of the personal data that have been provided

DTS™ processes Personal Data in accordance with the Personal data Act (1998:204), (Sw. Personuppgiftslagen), and all information provided regarding a User of the Service is stored in a safe environment in DTS™’s database. It is, unfortunately, not possible to guarantee that a third party does not gain access to Personal Data which is transferred through the internet but DTS™ does its utmost in order to assure the security of the data technical systems. If a trespass on the security, despite this, would be made, DTS™ will act as quickly as possible to attend to the problem.

8.4 The User’s possibility to influence the processing of personal data, including sensitive personal data

As a User of the Service, it is always possible to influence how much as well as which information is provided to DTS™. The information gathered is always provided by the User themselves. However, in order to use the Service, some Personal Data as well as some Sensitive Personal Data is mandatory.

8.4.1 Correction or deletion of personal data provided

By the help of the User, DTS™ ensures that the User’s Personal Data is correct and up to date. The User can request information regarding the Personal Data of that DTS™ has saved as well as request that Personal Data is deleted, altered or corrected. Please note that the Service might operate poorer, or stop functioning, if some Personal Data is deleted. A User has the possibility to notify desires by contacting DTS™ in the manner clear from item 11 “Regarding DTS™” below.

9 INTELLECTUAL PROPERTY

All trademarks (TRIABETES™, TRIABETES +™, TRIABETES CLINIC™, DTOOLS™ including DTS™), logotypes, pictures, photographs, animations, video clips, user conditions, and text published on the Websites and in connection with the providing of the Service constitute/contain intellectual property rights belonging to DTS™ or which DTS™ through licensing has the right to use. No such intellectual property rights may be copied, reproduced, published, used or shown without the explicit approval of DTS™. Infringements will be prosecuted through legal measures taken by DTS™ or other rights holders.

10 DTS™’S RIGHT TO REVISE THE USER CONDITIONS

DTS™ reserves the right to revise the User Conditions. Such revised User Conditions enters into force one (1) month following a modification of the published text on this page. The User will not receive any additional notification regarding revised User Conditions.

If a modification or an amendment is of disadvantage to the User and if this disadvantage is not only of minor importance, the User has the right to, before the entering into force of the new conditions, immediately terminate the Service. If such a termination is not made the User will be regarded as having accepted the new conditions.

11 REGARDING DTS™

The Service is provided by Diabetes Tools Sweden AB, corporate identity no. 556682-6813. Address: Wenner-Gren Center, 5 tr, Sveavägen 166, S-113 46 Stockholm, Sweden.

11.1 Contact DTS™

If you have any questions regarding these User Conditions, please contact us by using the email support function on the Websites.

If you have any questions regarding Personal Data, please use the email support function on the Websites and name the matter ”Questions re. Personal Data”.

12 JURISDICTION AND APPLICABLE LAW

These User Conditions, the providing of the Service as well as disputes arising therefrom shall be regulated and interpreted in accordance with Swedish law. Any disputes arising out of these User Conditions or out of the providing of the Service shall be settled by Swedish general courts.

2014-02-12, Version 5.0, Document ID: Company-49-172