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PHYSIOWIZARD TERMS AND CONDITIONS
1. Definitions and Interpretation
In these Terms and Conditions the following terms shall have the following meanings:
means collectively all information that you submit to PhysioWizard. This definition shall, where applicable, incorporate the definitions provided in the General Data Protection Regulation 2016/679 “GDPR” and the Data Protection Act 2018;
means PhysioMedics Limited, a company incorporated in Scotland (No.SC389958) and having its Registered Office is at 16 Ravelston House Park, Edinburgh EH4 3LU;
means the programme or programmes comprised in the Software;
means the PhysioWizard software for the analysis of potential muscular-skeletal problems created and owned by PhysioMedics;
means you and any other third party that uses PhysioWizard and is not employed by PhysioMedics and acting in the course of their employment;
2. PhysioWizard Software
2.1. The Software indicates the possible causes of your pain or symptoms and provides information which is commonly of benefit to those suffering from similar pain or symptoms. Your report, generated by the Software is for information purposes only and is NOT a substitute for professional medical advice, diagnosis or treatment. If you have any concerns regarding your health e.g. if your symptoms get worse, you must see your doctor or call NHS111 or if you have difficulties communicating or hearing call 18001 111 on a textphone and follow their advice rather than that given by the PhysioWizard report. If your symptoms get rapidly worse go immediately to A&E or call NHS111 or if you have difficulties communicating or hearing call 18001 111 on a textphone and follow their advice. Software is not appropriate for managing medical emergencies. PhysioMedics shall not be liable to you or any third party for your or any third party’s reliance on the terms of your report generated by PhysioWizard.
2.2. Your report, generated by PhysioWizard, relies on the accurate and truthful input of information and answers by you. False, misleading and inaccurate information and answers will result in an inaccurate report. Please be honest and thorough and do not withhold relevant information such as a previous or current medical condition when asked, as this will lead to an inaccurate report.
2.3. The report, generated by PhysioWizard is not suitable for any person under 18 years of age.
2.4. Whilst reasonable endeavours have been made to ensure that all information, advice and recommendations provided by the Software will be accurate and up to date, PhysioMedics makes no warranty or representation that this is the case. PhysioMedics makes no guarantee of any specific results from the use of the Software.
3.1. These terms apply between you, the User of the Software and PhysioMedics Limited the owner and provider of the Software. This Policy applies to PhysioMedics’ use of any and all Data collected by them in relation to your use of the Software.
3.2. This Policy applies only to the actions of PhysioMedics and Users with respect to PhysioWizard.
3.3. As a data subject, you have the following rights under the GDPR, which these Terms and Conditions and PhysioMedics use of personal data have been designed to uphold:
3.3.1. The right to be informed about PhysioMedics’ collection and use of personal data;
3.3.2. The right of access to the personal data PhysioMedics holds about you (see section 3.27);
3.3.3. The right to rectification if any personal data PhysioMedics holds about you is inaccurate or incomplete (please contact PhysioMedics using the details in section 3.27);
3.3.4. The right to be forgotten – i.e. the right to ask PhysioMedics to delete any personal data PhysioMedics holds about you (PhysioMedics only hold personal data for a limited time, as explained in section 3.11 but if you would like PhysioMedics to delete it sooner, please contact PhysioMedics using the details in section 3.27). Please note that deletion of certain personal data may prevent the PhysioWizard from functioning;
3.3.5. The right to restrict (i.e. prevent) the processing of personal data;
3.3.6. The right to data portability (obtaining a copy of personal data to re-use with another service or organisation);
3.3.7. The right to object to PhysioMedics using personal data for particular purposes; and
3.3.8. Rights with respect to automated decision making and profiling.
3.4. If you have any cause for complaint about PhysioMedics’ use of personal data, please contact PhysioMedics using the details provided in section 3.29 and PhysioMedics will do its best to solve the problem for you. If PhysioMedics are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office details of which can be found here https://ico.org.uk/
3.5. Without limitation, any of the following Data may be collected by this PhysioWizard from time to time:
3.5.2. date of birth;
3.5.4. health information including musculoskeletal medical information gathered from your use of PhysioWizard.
3.5.5. sexual orientation;
3.5.6. job title;
3.5.10. country of origin;
3.5.11. contact information such as email addresses and telephone numbers;
3.5.12. demographic information such as post code, preferences and interests;
3.5.13. financial information such as credit / debit card numbers;
3.5.14. IP address (automatically collected);
3.5.15. web browser type and version (automatically collected);
3.5.16. operating system (automatically collected);
3.5.17. a list of URLs starting with a referring site, your activity on PhysioWizard, and the site you exit to (automatically collected).
3.6. All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. PhysioMedics will comply with its obligations and safeguard your rights under the GDPR at all times. For more details on security see section 3.15, below.
3.7. PhysioMedics’ use of personal data will always have a lawful basis, either because it is necessary for PhysioMedics’ performance of a contract with you, because you have consented to PhysioMedics use of personal data (e.g. by subscribing to emails or for delivery of the PhysioWizard to the User), or because it is in PhysioMedics’ legitimate interests. Specifically, PhysioMedics may use personal data for the following purposes:
3.7.1. internal record keeping;
3.7.2. improvement of PhysioMedics products / services;
3.7.3. transmission by email of promotional materials that may be of interest to you;
3.7.4. Market research;
3.7.5. Analysing your use of the Software and gathering feedback to enable PhysioMedics to continually improve the Software and your user experience;
3.7.6. for the purposes set out in sections 3.17 and 3.18.
3.8. With your permission and/or where permitted by law, PhysioMedics may also use your data for marketing purposes which may include contacting you by email and/or telephone and/or text message and/or post with information, news and offers on PhysioMedics’ products and/or services. PhysioMedics will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that it fully protects your rights and complies with its obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
3.9. You have the right to withdraw your consent to PhysioMedics using your personal data at any time, and to request that PhysioMedics delete it; however this may adversely affect the delivery, use and function of the Software.
3.10. PhysioMedics does not keep personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
3.10.1. Any personal Data you submit will be retained as per the Data Controller's Data retention policy.
3.10.2. PhysioMedics only keeps personal data for as long as PhysioMedics needs to in order to use it as described above in section 3.7, and/or for as long as PhysioMedics has your permission to keep it.
Some or all of your data may be stored outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein) or the United Kingdom. You are deemed to accept and agree to this by using the Software and submitting information to PhysioMedics. If PhysioMedics does store data outside the EEA or the United Kingdom, PhysioMedics will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR including:
3.11.1. In the event that PhysioWizard appoints a sub-Processor, PhysioWizard shall:
3.11.2. enter into a sub-Processing Agreement with the sub-Processor which shall impose upon the sub-Processor the same or similar obligations as are imposed upon PhysioWizard by this Agreement;
3.11.3. ensure that the sub-Processor complies fully with its obligations under the sub-Processing Agreement and the GDPR; and
3.11.4. remain fully liable to the Customer for performance of the sub-Processor’s obligations to the extent the sub-Processor fails to fulfil their data protection obligations.
3.12. Data security is very important to PhysioMedics, and to protect your data PhysioMedics have taken suitable measures to safeguard and secure data.
3.13. Steps PhysioMedics take to secure and protect your data include:
3.13.1. All the personal data you provide to Us over http://www.physiowizard.com/ is transferred and protected over a secure SSL connection;
3.13.2. Password protected;
3.13.3. Role based access and admin roles to prevent unauthorized access to personal data;
3.13.4. Dual factor authentication;
3.13.5. Regular back-ups;
3.13.6. Data minimisation;
3.13.9. Dashboards and alerts to enhance system control and monitoring;
3.13.10. Systems, devices and software are kept up to date;
3.13.11. Spam protection.
3.13.12. Notwithstanding the security measures that We take, it is important to note that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the Internet.
3.14. PhysioMedics may share your data with other companies in PhysioMedics group for administrative and internal management. This includes PhysioMedics’ subsidiaries.
3.15. PhysioMedics may sometimes contract with third parties to supply products and services to you on its behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, PhysioMedics will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, PhysioMedics’ obligations, and the obligations of the third party under the law.
3.16. PhysioMedics may compile statistics about the use of products and services including the Software including data on traffic, usage patterns, user numbers, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify a User. PhysioMedics may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
3.17. By using PhysioWizard you agree to:
3.17.1. your anonymised data being used for research and statistical analysis;
3.17.2. your Data being used for future ethically approved studies;
3.17.3. your Data being looked at/studied by the NHS or regulatory/other medical authorities.
3.18. In certain circumstances, PhysioMedics may be legally required to share certain data held by it, which may include your personal data, for example, where PhysioMedics are involved in legal proceedings, where PhysioMedics are complying with legal requirements, a court order, or a governmental authority.
3.19. PhysioMedics may, from time to time, expand or reduce its business and this may involve the sale and/or the transfer of control of all or part of its business. Any personal data that you have provided will, where it is relevant to any part of PhysioMedics’ business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of these Terms and Conditions, be permitted to use that data only for the same purposes for which it was originally collected by PhysioMedics.
3.20. In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
3.21. When you submit personal data to PhysioMedics, you may be given options to restrict PhysioMedics’ use of your data. In particular, PhysioMedics aim to give you strong controls on its use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from PhysioMedics which you may do by unsubscribing using the links provided in PhysioMedics’ emails.
3.22. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
3.23. PhysioMedics use analytics services provided by Google Analytics, to collect and analyse anonymous usage information, enabling PhysioMedics to better understand how the Software is used. This, in turn, enables PhysioMedics to improve the Software.
3.24. You have the right to ask for a copy of any of your personal data held by PhysioMedics (where such data is held) on payment of a small fee which will not exceed £20. Please contact PhysioMedics for more details using the contact details below in section 3.27.
3.25. If you have any questions about the Software or these Terms and Conditions please contact PhysioMedics by email at email@example.com or by post at 34-36 Rose Street North Lane, Edinburgh EH2 2NP, United Kingdom. Please ensure that your query is clear, particularly if it is a request for information about the data PhysioMedics hold about you (as under section 3.5, above).
3.26. PhysioMedics may change these Terms and Conditions from time to time (for example, if the law changes). Any changes will be immediately posted and you will be deemed to have accepted the terms of the Terms and Conditions on your first use of the Software following the alterations. PhysioMedics recommend that you check this page regularly to keep up-to-date.